Heroin Death Of Child In Homer Glen Mansion: Murder Charges For Parents, But No Jail

JOLIET, IL — In a victory for Joliet criminal defense lawyer Cosmo Tedone, his clients Edward Weiher and Alexa Balen learned Monday that although they are now being charged with first-degree murder for the November death of their 2-year-old daughter, Trinity, Will County Judge Vincent Cornelius ruled they will remain free pending their future court hearings.

"The judge found followed the Constitution, the due process of law, especially when it comes to the SAFE-T-Act," Tedone told Joliet Patch outside the Will County Courthouse following his victory. "There's nothing new that the state did not know, that they did not argue, the last time, when the judge put them on conditions. And since then, it's been months, they have not violated it one time.

"Obviously, this is a difficult case. Obviously, a child has died, another child is probably going to go through some issues for the rest of (their) life, more emotional than physical, but this case is basically just starting," Tedone explained. "Basically, just restarted because they filed new charges. They've given us the name of an expert. I don't know if I have his full report yet, so this is going to be a long case."

Back in November, the Will County State's Attorney's Office asked a Will County judge to keep 49-year-old Edward Weiher in the Will County Jail following the death of his 2-year-old daughter. Weiher and the child's mother, Alexa Balen, 27, are both being charged as co-defendants in the death of the child inside their filthy $900,000 home in Homer Glen.

A search of the home found the house in complete disarray as the entire floor was covered in garbage, food, urine and feces, and spread throughout the countertops and tables was a clear white substance suspected to be heroin and cocaine, prosecutors outlined in court records.

Prior to Monday's unsealing of the new indictment also charging Balen and Weiher with murder, the Will County State's Attorney's Office had charged the Homer Glen parents with endangering the life or health of a child, unlawful possession of a controlled substance - cocaine; unlawful possession of a controlled substance - heroin; and another count of endangering the life or health of a child. The criminal complaint accused Balen and Weiher of providing unsafe living conditions for their child who died.

At Monday's hearing, Will County prosecutors revealed that the child died from ingestion of heroin and cocaine and that an expert witness has determined that Trinity would have survived the overdose if Weiher and Balen had called 911 in a timely manner and got her emergency help, instead of waiting several hours before calling 911 as they did.

Child found in filthy home

According to the Will County State's Attorney's Office petition to deny Weiher's pretrial release last November, Will County Sheriff's deputies were called to Weiher's home in the 12200 block of West Thorn Apple Drive in Homer Glen around 11:30 p.m. Nov. 6. A 2-year-old child was not breathing.

Deputies found Weiher giving the dead child, identified in court records as Trinity Balen-Weiher, chest compressions. She was on her back on an ottoman in the living room. There were no obvious signs of trauma to the child when Homer Fire responded to the house and brought the child out to the ambulance, court documents say.

Inside the home, sheriff's deputies saw the inside of the home was "unkempt with the floor soiled in multiple places and with diapers spread throughout the first floor. Food containers, rotten food and drinks also were observed throughout, and there were clothes strewn throughout the residence."

The sheriff's deputies saw a can of spent NARCAN next to the ottoman where the unresponsive child was seen. According to the prosecutors, Weiher told sheriff's deputies he lived at the home in Homer Glen with his fiancé, Alexa Balen, and their child, Trinity. Alexa's 6-year-old sister, who has a different father, also lived at the house. Balen previously lived in Florida, and she has a Florida driver's license, other court records indicate.

Couple not a flight risk: Lawyer

According to officials, the 6-year-old is now with her father on the East Coast.

At Monday's hearing, Balen was constantly crying as she sat with Tedone and Weiher at the Courtroom 404 defense table. Tedone told the judge that she has successfully completed a 30-day in patient drug treatment program, and plans to continue with the program.

Tedone insisted that his clients are not flight risks. He explained that a family trust is now in control of their funds. He said they have known for a while that they could be charged with first-degree murder, and yet they continued to come to court.

"The court finds as it did previously there are conditions that can mitigate any harm or danger to the public or community," Judge Cornelius announced Monday morning. "The court will find against, albeit, a much more serious charge...."