Defense to argue for mother’s release in 2021 death of 7-year-old

OREGON – An Ogle County judge will decide next month if a woman accused of killing her 7-year-old son in 2021 should be released from jail as her court case continues.

Sarah Safranek, 36, is charged with five counts of first-degree murder and one count of aggravated battery in the suffocation death of her 7-year-old son, Nathaniel Burton, in February 2021. An autopsy showed the boy also had a ruptured liver.

Safrank, in the Ogle County Correctional Center on $2 million bond since her arrest, appeared in court Wednesday with her attorney, Ogle County Public Defender Michael O’Brien.

O’Brien told the court that a written medical review of his client’s mental health had yet to be received, but was expected within a week.

Court-appointed expert Jayne Braden, a forensic and clinical psychologist in Sycamore, recently reviewed Safranek’s history of “mental health issues” and is compiling a written report.

Judge John Redington granted the continuance and set the next hearing for 2 p.m. Nov. 8. Assistant State’s Attorney Matthew Leisten did not object.

On Monday, O’Brien filed a motion for a pretrial release that asks Safranek be freed from jail as her case continues.

The motion follows passage of the SAFE-T Act, which was upheld by the Illinois Supreme Court and took effect Sept. 18, that eliminates cash bail. It requires a defendant be released unless the judge rules the defendant is a highly likely flight risk or poses too much of a threat to one person or the community to allow release.

The SAFE-T Act was met with opposition from law enforcement and state’s attorneys across the state, including in Ogle County.

In his motion, O’Brien argues that Safranek is being held only because of her “inability” to post the required 10%, or $200,000, of the $2 million bail.

Other bond conditions such as electronic monitoring, home confinement and prohibitions from contacting “certain parties” are available if she were to be released, he said.

“Defendant further asserts that her pretrial incarceration effectively amounts to pretrial punishment,” according to the motion.

Additionally, the motion argues that Safranek has mental and physical issues that are not being treated properly at the jail, including daily headaches and frequent facial numbness; frequent muscle spasms in her arms and legs; excessive fatigue and weakness; frequent chest pains; frequent pain between her shoulder blades; worsening vision problems, including worsening blurred vision and floaters; worsening balance issues; and worsening numbness in one or more fingers.

“Defendant asserts that the above issues have continued to worsen and there is a valid concern the combined issues are related to serious heart or brain ailments as well as past diagnosis for ulnar nerve problems,” according to the motion. “As such, the defendant asserts the basic review of conditions by the jail nurse are inadequate and has led to significant worsening of her symptoms.”

Nathaniel, a first grade student at Oregon Elementary School, was found unresponsive and not breathing about 2:30 a.m. Feb. 17, 2021, in his bed at his home in the 400 block of South 10th Street. He was pronounced dead later that day at KSB Hospital in Dixon.

Safranek was arrested April 21, 2021, and indicted May 4, 2021. She pleaded not guilty May 6, 2021.

Earlier this year, Redington denied O’Brien’s request to hire additional medical experts for Safranek, despite his argument that she has “a long history as to past mental health care” and that those health issues are “directly connected to her defense.”

The defense filed a motion in March saying Safranek’s right to due process required the appointment of and/or use of one or more experts to review certain discovery materials and/or provide testimony.

Her attorneys asked the court to approve an additional expert to “review and evaluate mental health records” of Safranek, including her condition at the time of the alleged crime.

They argued extensive mental health records were provided by the state and revealed a “substantial history of mental health issues, mental illness and related services.”

O’Brien said he believes the prosecution will present those records – whether directly or indirectly – to prove Safranek committed the alleged crimes and asked Redington allow another expert to be hired to provide an “independent review on behalf of the defendant and potentially be used as an expert witness.”

In his response to the defense motion, Ogle County State’s Attorney Mike Rock said an indigent defendant is not entitled to an expert “merely because the expert would be helpful, valuable or important to the defense.”

Redington agreed, saying case law cited in the motion requires any additional hiring of experts be “crucial” to the client’s defense. He said Safranek already was evaluated by a court-appointed expert, Braden, who looked at her mental health history. He suggested Braden review Safranek’s history again.

On Nov. 3, 2022, Redington ruled Safranek fit to stand trial after reviewing a mental health evaluation requested by the defense.

According to records obtained by Shaw Local News Network in a Freedom of Information Act request, the Department of Children and Family Services visited the Safranek/Burton household about a dozen times over two years, following up on five reports of suspected abuse and neglect.

Each time, DCFS closed the case after finding no indications of parental wrongdoing.

Nathaniel was 4 when the allegations first surfaced.