Homer Glen couple allowed conditional jail release in case linked to child’s death

A Will County judge allowed for the conditional jail release of a Homer Glen couple charged with a felony offense linked to their 2-year-old child’s suspected drug overdose death.

On Monday, Judge Vincent Cornelius effectively overturned the decision of two other judges by granting the pretrial release of Edward Weiher, 49, and Alexa Balen, 28.

The couple are the parents of Trinity Balen-Weiher, 2, who died on Nov. 7 from a suspected drug overdose.

Cornelius decision was in response to a motion filed by Cosmo Tedone, the attorney for Weiher and Balen.

Since Nov. 8, Weiher and Balen have been facing a felony charge of endangering the life or health of Balen-Weiher by providing her “unsafe living conditions,” which was a “proximate cause” of her death.

Prosecutors said Balen-Weiher and Balen’s other 7-year-old daughter were living in filthy conditions in a “million-dollar home” with drugs that were accessible to the children.

In his ruling, Cornelius said the couple were not charged with a homicide-related offense and the felony charge against them was punishable by probation. He said neither Weiher nor Balen had a history of “serious criminality” involving violence.

Cornelius found the couple can be released from jail under certain conditions.

Weiher is expected to be released from jail on Monday. He is ordered to remain confined at his home, submit to electronic monitoring and undergo a drug evaluation. Weiher cannot have contact with any minors under 18.

Balen’s attorneys must first find her a place at an inpatient treatment facility before she can be released from jail. She must also submit to the same conditions of pretrial release as Weiher.

Cornelius said it was not his place to take “proactive, punitive measures” against Weiher and Balen.

“It is inappropriate for the court to do so when the issue is detention,” Cornelius said.

Balen’s 7-year-old daughter was taken to a hospital after deputies with the Will County Sheriff’s Office first responded to the incident involving Trinity Balen-Weiher on Nov. 6.

A medical evaluation revealed the 7-year-old child had fentanyl and cocaine in her system, prosecutors said.

The child was taken into the custody of the Illinois Department of Children and Family Services. She has since been placed into foster care, according to Tedone’s motion for pretrial release.