Illinois parents' lawyers seek to drop murder charges in daughter's death
Attorney for Homer Glen parents wants murder charges dropped
The parents of a 2-year-old girl who died late last year are seeking to have first-degree murder charges dropped, even as their release under Illinois? SAFE-T Act has sparked outrage among lawmakers.
WILL COUNTY, Ill. - The parents of a 2-year-old girl who died late last year are seeking to have first-degree murder charges dropped, even as their release under Illinois’ SAFE-T Act has sparked outrage among lawmakers.
What we know:
Edward Weiher and Alexa Balen, the parents of Trinity Balen-Weiher, are facing multiple felony charges, including first-degree murder, child endangerment, and unlawful possession of a controlled substance. Their attorney recently filed a motion to dismiss the most serious charges.
Authorities said deputies responded to the couple’s home late last year and found it filled with garbage, rotting food, medical waste, and evidence of drug use.
Heroin, Xanax and Narcan were reportedly within reach of the couple’s two children. Trinity died the next day at Silver Cross Hospital.
An autopsy later led prosecutors to upgrade the charges against her parents to first-degree murder.
Weiher and Balen were released under electronic monitoring after their arrest, in accordance with the SAFE-T Act, which eliminated cash bail for many offenses in Illinois.
What they're saying:
Their attorney, Cosmo J. Tedone, argues the murder charges are excessive and unsupported by evidence.
"We have filed a motion to dismiss those murder charges based on a speedy trial violation. It is not set for hearing yet, but there also is a motion to dismiss the drug charges that had been unfiled within 30 or 60 days of this case being charged. So I understand the way the facts look, but due process requires the judges to follow the law, whether they like it or not. So that is the position of the defendants," said Tedone.
The case has drawn criticism from lawmakers, including state Rep. Patrick Sheehan of Homer Glen.
"I'm dealing with a case in my district in Homer Glen of a two-year-old Trinity Balen, who was killed by negligent parents from fentanyl overdose. She had a sister who had fentanyl exposure too. And now they're back on the street under electronic monitoring in the comfort of their own homes," said Illinois State Rep. Patrick Sheehan.
What's next:
Trinity’s 6-year-old sister was placed in the custody of the Illinois Department of Children and Family Services.
The next court hearing is scheduled for Aug. 11.