People v. Harris

              Sixth Division
July 25, 2008
No. 1-06-2557
THE PEOPLE OF THE STATE OF ILLINOIS
Plaintiff-Appellee,
v.
EDDIE HARRIS,
Defendant-Appellant.
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Appeal from the Circuit Court
of Cook County
03 CR 23536
Honorable
Bertina E. Lampkin,
Judge Presiding
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Defendant Eddie Harris appeals the trial judge’s denial of his motion to vacate his guilty
plea, arguing that he was denied his due process right to a fair hearing on his motion where the
trial judge relied on her own recognition of events rather than the evidence before her, acted as an
advocate for the State, made credibility determinations prior to the end of the testimony,
prevented the defense from presenting evidence to support its claim, and relied on her own
emotional reaction to the offense.
In October 2003, defendant and codefendant Duane Roach were charged with 16 counts
of murder in connection with the repeated rape and beating death of Lori Roscetti on October 18,
1986. On December 16, 2004, defendant and codefendant Roach each agreed to plead guilty to
one count of murder (count VI), i.e., murder executed during the course of a criminal sexual
assault and committed in an exceptionally brutal and heinous manner, in exchange for a 75-year
extended-term sentence, 3 years of mandatory supervised release (MSR), and the dismissal of the
remaining charges. Defendant was represented by Assistant Public Defender (APD) LaFonzo