Judge to allow some internet searches at upcoming trial for mom accused of killing 7-year-old son

OREGON — Some internet searches that prosecutors say an Oregon mother made before suffocating her 7-year-old son in 2021 will be allowed at her trial next month, an Ogle County judge ruled Monday.

Sarah Safranek, 37, the mother of Nathaniel Burton, is accused of killing him in the family’s Oregon home in February 2021. She is charged with five counts of first-degree murder and one count of aggravated battery. She was arrested April 21, 2021, and indicted May 4, 2021. She pleaded not guilty May 6, 2021.

Judge John Redington made his decision after listening to testimony and arguments regarding motions in limine on Friday and took the weekend to review case law before rendering his decision Monday afternoon.

Motions in limine are made to determine whether certain evidence may be presented to the jury and are commonly entered and argued before a trial begins, allowing evidentiary questions to be decided by the judge. Motions in limine in the Safranek case have been sealed and are not viewable to the public.

On Friday, Assistant State’s Attorney Matthew Leisten argued that several internet searches were discovered on Safranek’s phone.

He said some of the searches asked questions about parents having thoughts of killing their children.

“We believe these searches are very important to the case,” Leisten said referring to internet browser history. “These searches show she was planning to kill Nathaniel.”

But Safranek’s attorneys, Ogle County Public Defenders Kathleen Isley and Michael O’Brien, argued the searches should not be allowed because there was no direct evidence that their client made the searches herself.

“There is no evidence that Sarah conducted these searches,” Isley argued. “There were other people inside the household who had access to those devices.”

Allowing the internet searches in as evidence at trial would be prejudicial to Safranek, Isley argued, adding prosecutors had not specified on which devices the searches occurred and some of the searches were made many months before the boy’s death. Isley argued that said someone else may have used Safranek’s Google account to make the searches.

“We don’t know which device was used,” Isley said. “Searches or website visits need to be distinctive. Some of these have nothing to do with this case and are not relevant.”

Leisten countered that the defense could cross examine any witness at the trial who testifies about the searches. “The defense can argue someone else was using her phone,” said Leisten.

Redington agreed to allow the state to offer some of the internet searches as evidence while denying others.

In his ruling Redington allowed an Aug. 5, 2020, search titled “I’ve had thoughts about killing my kid. Thoughts of killing my children – anyone else have them?”

Another, made Nov. 1, 2020, asked “What is it called when a parent is obsessed with the thought of killing their child”.

Redington also allowed Feb. 17, 2021, searches of: “How much does cremation of a child cost?” and “How long does an investigation take after a child passes away”.

Redington reserved ruling on some of the other motions made by both the prosecution and defense.

Friday and Monday’s hearings followed a June 17 hearing during which four prosecution witnesses testified that Nathaniel, before his death, told them that he was being abused by his mother. Defense attorneys countered that the statements were hearsay and should not be allowed as evidence.

Isley and O’Brien argued that the witnesses’ testimonies were inconsistent, lacked crucial specifics as to when and how the alleged incidents happened, and should not be taken at face value.

They argued that some of those statements were hearsay and allowing them in would affect Safranek’s due process – a legal term that refers to fair treatment for a defendant as their case moves through the court system. Hearsay statements refer to information received from witnesses that cannot be substantiated through cross-examination.

In that decision, Redington said statements made to two Dixon residents with whom Nathaniel had stayed would be allowed as evidence in the trial, including his claims that his mom tried drowning him when he was taking a bath and had tried to choke him in two other incidents.

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

According to records obtained by Shaw Local in a Freedom of Information Act request, the Illinois Department of Children and Family Services visited the house 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.

Redington ruled in November 2022 that Safranek was fit to stand trial after reviewing a mental health evaluation requested by the defense. Redington agreed Friday to exclude Safranek’s mental health records.

She has been held in the Ogle County Correctional Center since her arrest in April 2021.

Safrenek’s trial is scheduled to begin Aug. 12 with jury selection. A final pretrial hearing is scheduled for 3:30 p.m. July 25.