Jury trial delayed for Oregon mom accused of killing her 7-year-old son

OREGON – A jury trial for an Oregon mother accused of suffocating her 7-year-old son in 2021 has been removed from the court calendar after a motion made by prosecutors that argues recent rulings made by an Ogle County judge limiting evidence that they want to present to jurors has “impaired” their ability to proceed with first-degree murder charges.

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, was indicted May 4, 2021, and pleaded not guilty May 6, 2021.

Ogle County State’s Attorney Mike Rock filed the appeal Wednesday, nine days after Judge John Redington ruled on several motions in limine filed by the defense and prosecutors.

Motions in limine determine whether certain evidence may be presented to the jury. They 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.

In June, Redington listened to testimony and arguments regarding the motions and, after reviewing case law, limited the state’s ability to enter all internet searches and journal entries they say Safranek made. He also limited hearsay statements prosecutors said others made in regard to domestic violence directed toward Nathaniel.

On Wednesday, Redington removed Safranek’s scheduled jury trial date over the objection of her attorney, Ogle County Public Defender Kathleen Isley. No upcoming court date has been set, pending the appeal process.

During a June 28 hearing, 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.

He said the searches were “very important” to the case and showed that she was “planning on killing Nathaniel.”

But Isley argued that the searches should not be allowed because there was no direct evidence that Safranek made the searches herself.

Isley said that there were other people inside the house who had access to the devices.

Allowing the internet searches as evidence at trial would be prejudicial to Safranek, Isley argued, adding that 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.

Leisten countered that the defense could cross-examine any witness at the trial who testifies about the searches.

Redington agreed July 1 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.

Those 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 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.

She 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 News Network 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 with attorneys June 28 to exclude Safranek’s mental health records from being entered at the trial.

On Wednesday, Redington denied Isley’s request to release Safranek from custody pending her trial and remanded her back to the Ogle County Correctional Center, where she has been held since her arrest in April 2021.