Homer Glen couple now face murder charges for November death of 2-year-old child
A Homer Glen couple has been charged with first-degree murder in the drug overdose death of their 2-year-old daughter last year, authorities announced this week.
Edward Weiher, 49, and Alexa Balen, 28, were indicted Monday on first-degree murder charges, which allege they failed to seek timely medical care for their child, Trinity Balen-Weiher, after knowing the toddler was experiencing an overdose episode at their Homer Glen home in November, according to the Will County sheriff's office and Will County court documents.
The charges state the couple allowed Trinity access to a controlled substance, which caused her death.
The couple has also been charged with endangering the life or health of a child, a felony, in connection with Trinity's death as well as endangering the life or health of a child, a misdemeanor, for providing unsafe living conditions for another child in the home, the charges state.
The other child, Balen's daughter, was subsequently placed in protective custody and later released to the Illinois Department of Children and Family Services, the sheriff's office said.
Weiher and Balen were also charged with unlawful possession of a controlled substance, a felony.
The Will County sheriff's office responded to a 911 call Nov. 6 about an unresponsive child.
When police arrived, Weiher was giving chest compressions to Trinity on an ottoman in their living room, the sheriff's office said.
The Homer Township Fire Department took Trinity to Silver Cross Hospital, where she died Nov. 7.
An investigation at the Thorn Apple Drive home that Weiher bought for $900,000 found deplorable living conditions, which included garbage, rotting food, soiled diapers and clothing, medical waste and significant evidence of narcotics use, police and court documents said.
The coroner's report from January states that Trinity died of fentanyl, cocaine and bromazolam intoxication, according to court documents.
Detectives reviewed Balen's web search history, which included a search on how to stop an overdose, court records show. They also located a receipt for the overdose medication Narcan that the couple ordered to be delivered. Court documents also state Trinity would have begun overdosing for about three hours and 41 minutes before Balen called 911.
Heroin and Xanax pills were discovered throughout the home, within reach of both children, the sheriff's office said. Police also found multiple doses of used Narcan near Trinity.
Prosecutors retained an expert in medical toxicology and emergency medicine who opined that if paramedics were immediately on the scene, Trinity could have survived.
'If the EMS system were activated when the child became sleepy or symptomatic of an overdose there would be have been a chain of life-saving measures instituted,' Dr. Steven E. Aks said in court documents. 'Rapid administration of naloxone could have woken the child up and may have been lifesaving.'
The parents in November were initially charged with a felony count of endangering the life or health of a child, two counts of unlawful possession of a controlled substance and a misdemeanor count of endangering the life or health of a child, and were ordered held in custody.
Earlier this year, the couple petitioned for pre-trial release, which was granted under several conditions, including home confinement, electronic monitoring and having no contact with any minor child.
The couple's attorney, Cosmo Tedone, said they are not a flight risk and have been compliant with their pretrial conditions.
Balen spent a month in an in-patient drug treatment facility, Tedone said. The couple has been on home confinement and electronic monitoring, is seeking medical help and has complied with weekly drug testing, Tedone said.
They haven't tested positive for drugs, he said.
Tedone said he will be fighting the upgraded charges and will review the state's expert witness report, which he believes to have holes.
The case could go to trial sometime next year, Tedone said.
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