Homer Glen couple’s release denied again as details of toddler’s toxicology report revealed

Homer Glen — The Homer Glen parents charged with child endangerment in the death of their 2-year-old daughter have once again been denied pretrial release by a Will County judge.

Alexa Balen, 27, and Edward Weiher, 49, have both been charged with two counts of child endangerment and possession of both cocaine and heroin after their daughter, Trinity Balen-Weiher, died on Nov. 6 of a drug overdose.

“They [the defendants] have at the least exhibited no care whatsoever if the allegations presented are true,” Judge Amy Bertani-Tomczak said at a hearing on Tuesday.

Balen’s older daughter, 6, was also in the home at the time of the incident and a medical exam revealed she had both cocaine and fentanyl in her system, according to court documents.

After previously appearing in court separately, Balen and Weiher were represented Tuesday by attorney Cosmo Tedone who said that both of his clients plan to plead not guilty and argued that the state had not presented “clear and convincing evidence” that the couple presented an ongoing danger to the community that could not be mitigated by conditions put on their release.

He argued that neither of his clients had a history of violent behavior or previous convictions and suggested possible conditions including home confinement, electronic monitoring, drug testing, and a prohibition on access to underage children—including Balen’s daughter and Weiher’s children from a previous marriage, who are 12 and 16.

Tedone noted that Weiher had attempted CPR on Trinity Balen-Weiher when she stopped breathing and had called 911, and that both defendants had cooperated with the authorities, allowing police to inspect the home when they arrived.

Will County Assistant State’s Attorney Amanda Tasker challenged this description of events though, saying the 911 call was “not a valiant effort on his part” since the couple did not call emergency services until Trinity Balen-Weiher had stopped breathing.

This was nearly four hours after she had first become unresponsive and Balen and Weiher had tried and failed to revive her with Narcan ordered through Door Dash. Tasker also classified the delivery as “exposing another person to their house of horrors.”

While Tedone pointed out that the highest offense the couple is charged with is a Class 3 felony, Tasker said that it is likely further, more serious charges will be brought after the autopsy report is completed.

“It’s looking pretty good for that based on the toxicology report,” Tasker said, noting the toxicology report on Trinity Balen-Weiher showed the presence of cocaine and fentanyl in her system which was five times the lethal dosage for an adult.

“In order to challenge a detention status, new information needs to be available, or something needs to have changed,” Tasker said. “The only new information is the toxicology report which, if anything, makes things worse.”

The full toxicology report on Trinity Balen-Weiher has not yet been released by the Will County Coroner’s Office.

Court documents describe the scene witnessed by Will County sheriff’s police inside the house at 12229 West Thorn Apple Drive on the night of Nov. 6 as “unkempt and in complete disarray” with Tasker describing it as “complete and utter squalor.”

Court documents state “the entire floor was covered with garbage, food, urine, and feces,” with drugs and drug paraphernalia found throughout the home in easy reach of the two children.

Tedone argued that on home confinement with regular drug testing and with Balen’s 6-year-old daughter in the care of the Illinois Department of Children and Family Services, the couple would “pose no threat to society.”

Tasker said that the couple’s neighbors could be at risk.

Tasker cited text messages from Balen’s phone which repeatedly directed her drug dealer to leave drugs on the porch or in the open garage for her at all hours of the day, suggesting the substances were within easy access of the public, including other neighborhood children.

“They’re heroin addicts,” Tasker said. “They’re going to continue to try to use if they are released. There are other children in the neighborhood who could be at risk, and other people who don’t want drug dealers on their street in the middle of the day.”

She also noted that, if released, they could try to seek supervised visits with their other children.

Currently, Weiher’s children are with their mother and Balen’s daughter is in foster care. Tasker said that she was not with family since DCFS had already removed both Trinity and her older sister from Balen and Weiher’s care and placed them with their maternal grandmother in May 2023.

However, the grandmother had apparently brought both girls back to the Homer Glen residence in August and allowed them to live there in the months leading up to Trinity’s death, Tasker said.

DCFS was apparently unaware of the girls’ changed living situation.

Additionally, Tasker said that Balen and Weiher could pose a threat to Balen’s brother, who Balen said in her texts had been at the house during one of her drug dealer’s deliveries and who Tasker said is disabled and in need of regular assistance.

While Tedone said that it was unfair to “punish the defendants for their addiction,” Bertani-Tomczak said, “I stand by my original ruling.”

A discovery hearing is scheduled for Dec. 17, and a hearing is slated for Dec. 10 regarding the requested return of personal property by Weiher.