Homer Glen mother charged in death of 2-year-old daughter denied pretrial release

Will County — Alexa Balen, a Homer Glen woman charged with drug possession and child endangerment after her 2-year-old daughter died of a suspected overdose earlier this month, was denied pretrial release by a Will County judge Friday.

Balen, 27, and her boyfriend Edward Weiher, 49, each are charged with two counts of drug possession after cocaine and heroin were found in their home, and two charges of child endangerment. One of the child endangerment charges is a felony because it resulted in the death of the couple’s young daughter.

The other is a Class A misdemeanor and relates to Balen’s 6-year-old daughter from a previous relationship being in the home at the time of the toddler’s death.

Balen was arrested Nov. 18 after a hospitalization following the death of her daughter, Trinity Balen-Weiher, on Nov. 6. Weiher was arrested Nov. 7. He remains in the Will County jail after being denied pretrial release.

Balen’s pretrial detention hearing in Will County initially was scheduled for Wednesday but was postponed after Balen failed to hire an attorney. Her petition to be assigned a public defender was denied; however, she was granted one for the purpose of her detention hearing while she seeks other representation.

The Will County State’s Attorney’s Office sought to deny pretrial release for Balen on the grounds that the endangerment charge was a serious felony and argued that, if released, she would pose a continued threat to her 6-year-old daughter and the community.

Assistant State’s Attorney Amanda Tasker on Friday presented photographs and evidence from Balen and Weiher’s home at 12229 W. Thorn Apple Drive in Homer Glen on the night of Trinity’s death as well as text messages from Balen’s phone to illustrate the defendant’s drug addiction and neglect of her daughters.

“The house was in completely despicable condition,” Tasker told the court. “Every inch of the home was covered in garbage, and drugs were all over the home in reach of both children.”

Tasker reported that cocaine and 9 grams of heroin were found at the scene – including next to a container of chocolate milk and near a child’s doll – when police and firefighters responded to Balen’s 911 call on Nov. 6 that her daughter was unresponsive.

“There were drugs on the mattresses, in the bathroom, on the kitchen counter and the coffee table,” Tasker said. “There was one room with a gaming area, which looked pristine, so [Balen and Weiher] were capable of cleaning. It’s just obvious they did nothing to keep drugs away from the children in this home.”

There also were several spent containers of Narcan, a medication used to reverse opioid overdoses, around the room where Trinity was found, which the parents admitted they had unsuccessfully tried to administer before calling 911, according to court records.

Tasker noted that a search of Balen’s cellphone showed she had first searched for instructions on how to use Narcan at 7:46 p.m. before buying a second dose using an Uber delivery driver at 8:14 p.m.

By the time emergency services were called at almost 11:30 p.m., the child had been unresponsive for three hours and 41 minutes, according to court records.

“The defendant waited over three hours before calling for help while this baby was lying there dying,” Tasker said.

Balen, who was escorted into the courtroom by Will County sheriff’s deputies, stood with her head down, crying as Tasker made her presentation to the court.

Tasker also noted that Balen’s 6-year-old daughter was taken into the custody of the Illinois Department of Children and Family Services and underwent a medical examination that showed she had fentanyl and cocaine in her system.

Tasker said that allowing Balen to be released, even on home confinement with electronic monitoring, could pose a risk to the 6-year-old as well as others in the community, based on text messages exchanged with a drug dealer that were retrieved from her phone.

Tasker read several of the messages aloud in court. The often profanity-laced messages detailed Balen’s demands for her drug dealer to provide her with more, stronger heroin and included instructions for him to leave the drugs in her garage, at the door or even to give them to the 6-year-old to bring inside.

One message stated that she had spent $6,000 on a single transaction with the drug dealer.

“All she cares about is making sure she has the right caliber of drugs,” Tasker said. “Drugs, which ultimately killed her child.”

Balen’s temporary counsel, Public Defender Raymond Durrenberger, said that since the 6-year-old was taken into DCFS care, allowing Balen to remain on home confinement with regular drug testing and electronic monitoring would not pose a risk to the child.

“Given the defendant’s lack of prior history, we can’t say those conditions won’t work,” Durrenberger said. “I understand she has been – neglectful is an understatement – but there’d be no children present, and the state has not presented clear and convincing evidence these measures would not work.”

Judge Amy Bertani-Tomczak disagreed with this argument and granted the state’s petition to deny pretrial release.

“There is a sustained burden of proof she was involved in these offenses at this point,” Bertani-Tomczak said. “These are serious offenses. There are no conditions that would ensure the safety of her living child [and] the community or that would change these habits.”

Balen’s next hearing is set for 9 a.m. Dec. 3. Weiher also is appearing in court separately the same day for a preliminary hearing.