An Oregon woman accused of suffocating her 7-year-old son in 2021 is asking for a different judge to preside over her case as it continues to move through the judicial system.

Sarah Safranek, 38, through her attorney, Ogle County Public Defender Kathleen Isley, filed the motion asking to replace Associate Judge Anthony Peska on Sept. 12.

Safranek is accused of killing her son, Nathaniel Burton, in the family’s Oregon home in February 2021. She is charged with five counts of first-degree murder and one count of aggravated battery. She was arrested April 21, 2021, was indicted May 4, 2021, and pleaded not guilty May 6, 2021.

She has been held in the Ogle County Jail since her arrest.

The Sept. 12 defense motion states that “Judge Peska is so prejudiced against her [Safranek] that she cannot receive a fair trial.”

Judge John Redington was the judge for Safranek’s case, presiding over many hearings and delivering pre-trial rulings, before he retired in 2024.

Chief Judge John “Ben” Roe entered an order in July 2024 assigning the case to Peska upon Redington’s retirement.

Wednesday’s hearing was the first time in more than a year that Safranek appeared in court as some pre-trial rulings, made by Redington, were under appeal.

Wednesday’s hearing was the first time Peska had presided over a hearing for Safranek.

Isley’s motion asks that Safranek’s case be assigned to another judge.

Assistant Ogle County State’s Attorney Matthew Leisten filed a response to Isley’s motion, arguing that the defense motion was “untimely” and had missed the 10-day window to ask for a substitute judge.

A hearing to argue both motions is scheduled for 1:30 p.m. Sept. 25 in front of Roe.

Safanek’s jury trial was removed from the court calendar in July 2024 following a motion by prosecutors who argued that some rulings made by Redington limited the evidence they wanted to present to jurors. They argued Redington’s decision had “impaired” their ability to proceed with first-degree murder charges.

Ogle County State’s Attorney Mike Rock filed an appeal July 10, 2024, nine days after Redington ruled on several motions in limine filed by the defense and prosecutors.

Motions in limine determine whether certain evidence may be presented to the jury. They are commonly entered and argued before a trial begins, allowing evidentiary questions to be decided by the judge. Motions in limine in the Safranek case have been sealed and are not viewable to the public.

In June 2024, Redington listened to testimony and arguments regarding the motions and, after reviewing case law, limited the state’s ability to enter all internet searches and journal entries they said Safranek made. He also limited hearsay statements prosecutors said others made regarding domestic violence directed toward Nathaniel.

Redington removed Safranek’s scheduled jury trial date over the objection of Isley, and no court dates were set, pending the appeal process.

During a June 28, 2024, hearing, Leisten argued that several internet searches were discovered on Safranek’s phone. He said some of the searches asked questions about parents having thoughts of killing their children.

He said the searches were “very important” to the case and showed that she was “planning on killing Nathaniel.”

But Isley argued that the searches should not be allowed because there was no direct evidence that Safranek made the searches.

Isley said that there were other people inside the house who had access to the devices.

Allowing the internet searches as evidence at trial would be prejudicial to Safranek, Isley argued, adding that prosecutors had not specified on which devices the searches occurred, and some of the searches were made many months before the boy’s death. Isley argued that someone else may have used Safranek’s Google account to make the searches.

Leisten countered that the defense could cross-examine any witness at the trial who testifies about the searches.

Redington agreed July 1, 2024, to allow the state to offer some of the internet searches as evidence while denying others.

In his ruling, Redington allowed an Aug. 5, 2020, search titled “I’ve had thoughts about killing my kid. Thoughts of killing my children – anyone else have them?”

Another, made Nov. 1, 2020, asked, “What is it called when a parent is obsessed with the thought of killing their child?”

Redington also allowed Feb. 17, 2021, searches of “How much does cremation of a child cost?” and “How long does an investigation take after a child passes away.”

Redington reserved ruling on some of the other motions made by both the prosecution and defense.

Those hearings followed a June 17 hearing during which four prosecution witnesses testified that Nathaniel, before his death, told them that he was being abused by his mother. Defense attorneys countered that the statements were hearsay and should not be allowed as evidence.

Isley argued that the witnesses’ testimonies were inconsistent, lacked crucial specifics as to when and how the alleged incidents happened, and should not be taken at face value.

She argued that some of those statements were hearsay, and allowing them in would affect Safranek’s due process – a legal term that refers to fair treatment for a defendant as their case moves through the court system. Hearsay statements refer to information received from witnesses that cannot be substantiated through cross-examination.

In that decision, Redington said statements made to two Dixon residents with whom Nathaniel had stayed would be allowed as evidence in the trial, including his claims that his mom tried drowning him when he was taking a bath and had tried to choke him in two other incidents.

The appellate court issued its opinion July 25 and its mandate Sept. 4.

Nathaniel was a first grade student at Oregon Elementary School. He was found unresponsive and not breathing at 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.

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 house 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.

Redington ruled in November 2022 that Safranek was fit to stand trial after reviewing a mental health evaluation requested by the defense.

Redington agreed with attorneys June 28, 2024, to exclude Safranek’s mental health records from being entered at the trial.