Case for Oregon mom accused of killing her 7-year-old son continues

OREGON – Defense attorneys for an Oregon woman accused of killing her 7-year-old son in 2021 told an Ogle County judge Wednesday that they still are reviewing information received from the boy’s father that was obtained through a subpoena.

Public defenders Michael O’Brien and Kathleen Isley asked for a three-week continuance for their client, Sarah Safranek, 36, who is charged with five counts of first-degree murder and one count of aggravated battery in the February 2021 suffocation death of her 7-year-old son, Nathaniel Burton. An autopsy showed the boy also had a ruptured liver.

Safranek, who has been held in the Ogle County Correctional Center since her arrest in April 2021, has pleaded not guilty to all charges.

Last month, O’Brien and Isley issued a subpoena for the boy’s father, Bryan Burton, 37, seeking any items he may have in connection with the case.

On Wednesday, O’Brien told Judge Clayton Lindsey that Burton had responded to the subpoena.

“We need some time to review the response and meet with Ms. Safranek,” O’Brien said. “I think we will need around three weeks.”

Isley suggested that the hearing be continued to 1 p.m. Feb. 14. Lindsey agreed to that date after Ogle County State’s Attorney Mike Rock did not object to the continuance.

On Dec. 13, 2023, Burton appeared in court for Safranek’s status hearing, saying it was unclear as to why he was ordered to appear in court.

Judge John Redington told Burton that he had received the subpoena to provide certain records if he possessed them.

A copy of the subpoena was not included in court documents available to the public.

Redington told Burton that he had 30 days to comply with the subpoena.

Burton told Redington that his phone was seized during the investigation.

“You still have to respond,” Redington said.

Rock said Burton is a witness for the state, but he offered to help him understand and comply with the subpoena.

On Wednesday, Rock said he had met with Burton.

“It was clear he did not understand. We did meet with him late last week, and we will be providing a report,” Rock said.

Redington on Dec. 13 ruled that Burton was not required to appear in court Wednesday if he complied with the subpoena.

Rock filed a supplemental discovery disclosure with the defense Wednesday. He said the “bystander report” dated Jan. 18 would be made available to the defense team.

Safranek appeared remotely via video from the Ogle County Correctional Center for Wednesday’s hearing, which is one of several hearings after her arrest.

At a Nov. 22, 2023, hearing, O’Brien told the court that he had received a written report reviewing Safranek’s mental fitness but needed time to review it.

Jayne Braden, a forensic and clinical psychologist in Sycamore, was the court-appointed expert who conducted Safranek’s first evaluation when she was charged.

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

Earlier in 2023, Redington denied O’Brien’s request to hire additional medical experts for Safranek, despite O’Brien’s argument that Safranek has “a long history as to past mental health care” and that those health issues are “directly connected to her defense.”

Defense attorneys asked Redington 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 that extensive mental health records were provided by the state and revealed a “substantial history of mental health issues, mental illness and related services.”

Redington only agreed to have Braden review Safranek’s history of “mental health issues.”

Safranek has been held in the Ogle County Correctional Center on $2 million bond since her arrest.

In October 2023, O’Brien filed a motion seeking Safranek’s release from jail under the SAFE-T Act because of her “inability” to post the required 10%, or $200,000, of the $2 million bond.

The court found Safranek to be indigent in 2021 after she filed affidavits regarding her finances.

The motion follows passage of the state’s SAFE-T Act, which was upheld by the Illinois Supreme Court and took effect Sept. 18. The law eliminates cash bail and requires that a defendant be released unless a judge rules that the defendant is a likely flight risk or poses too much of a threat to one person or the community to allow release.

Safranek has claimed that she 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.

In the motion asking for her pretrial release, the defense argued that she is not getting sufficient medical attention while in custody.

Prosecutors argued against Safranek’s release, saying that she is a danger to the Ogle County community and has “a history of substance abuse and psychiatric issues,” among other things.

Her requests for release have been denied.

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 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.

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 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.