Man Sues Cook County Over Public Defender's Advice
UPDATED 06/23/11 8:29 a.m.
CHICAGO (CBS) - Eight years after a Chicago teenager claims his assistant public defender gave him bad advice, he's out of jail and suing his attorney and Cook County.
As WBBM Newsradio 780's Michele Fiore reports, Rodney Harris was 15 when Chicago Police called him in on the sexual assault of two minors on June 14, 2001.
The lawsuit says Harris signed a statement containing false assertions after being held for 16 hours. He was charged with two counts of aggravated criminal sexual assault against two minors, but maintains he didn't do it.
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Harris was placed in the Juvenile Temporary Detention Center, where he waited nearly a year for his trial, according to the suit. On May 10, 2002, public defender Lynn Conner told Harris to plead guilty to two counts of aggravated criminal sexual conduct or risk being sentenced to 60 years in prison if found guilty, the suit said.
Harris took the plea on Conner's advice and was sentenced to 15 years in prison, according to the suit. Harris claims he would not have pleaded guilty if not for Conner's advice.
In 2006, the Illinois Appellate Court noted none of the state's evidence was sufficient to support the charges of aggravated criminal assault, according to the suit. During an evidentiary hearing, Conner said she had not read the Illinois Supreme Court decision in "People vs. Maggette," which defines the evidence necessary for aggravated criminal sexual assault.
On June 24, 2010, the Circuit Court of Cook County entered an order vacating Harris' guilty plea and conviction, according to the suit. He was continuously incarcerated from the date of his sentencing until his release on house arrest about July 13, 2010, the suit said.
Harris is claiming legal malpractice and is seeking more than $50,000 plus the cost of the suit from Conner and Cook Count for emotional distress and lost wages.
Nobody was available at the Cook County Public Defender's office to comment on the suit Wednesday night.
The Sun-Times Media Wire contributed to this report.
