Did SAFE-T Act loophole contribute to DuPage County slaying? Top prosecutor thinks so

Did a loophole in the law that eliminated cash bail in Illinois contribute to the slaying of a suburban a woman whose husband stands accused of her murder?

DuPage County State’s Attorney Bob Berlin made the case for that — and closing the loophole — during an appearance this week before the county board. When he was done, several county board members pledged to help him in the effort.

Berlin, the county’s top prosecutor since 2010, hasn’t opposed the elimination of cash bail but has been a frequent critic of the way it’s been done in Illinois. His latest critique surrounds the case of Brian C. Hernandez, a 28-year-old Oak Forest man charged with murdering his estranged wife, Estefania Abril-Hernandez, at their former Villa Park home on March 18.

According to Berlin, Hernandez had been charged back in November with interfering with domestic violence reporting, a misdemeanor, after twice preventing his wife from calling 911 during a dispute.

The state’s Pretrial Fairness Act — part of the broader SAFE-T Act — allows judges to detain someone charged with domestic violence, but not defendants accused of interfering with a domestic violence report. As a result, authorities had no choice but to set Hernandez free after his November arrest.

“It is my belief that had interfering with a report of domestic violence been a detainable offense, there is a very good chance, based on the defendant's history, that he would have been detained and the victim would still be alive today,” Berlin said.

Instead, Hernandez was let go and his wife was found dead about 4½ months later, strangled to death with an electrical cord. Hernandez now is behind bars charged with first-degree murder and facing a possible life sentence if convicted.

What’s the fix?

To prevent cases like Hernandez’s from slipping through the cracks, Berlin has long advocated for Illinois to follow New Jersey’s model. The Garden State largely did away with cash bail in 2017, but unlike Illinois, there are no non-detainable criminal charges there. Instead, a judge has discretion to order any defendant jailed or released, depending on the circumstances of each case.

“There are still crimes (in Illinois) that are non-detainable, and that is something that I've been trying to change,” Berlin told county board members Tuesday. “I urge this board to support my efforts. It is a reasonable request of the General Assembly.”

Asked how his efforts to lobby state lawmakers on the issue have gone so far, Berlin answered, “We’ve been unsuccessful.”

“We need to make it successful,” replied board member Dawn DeSart, who chairs the panel’s Legislative Committee.

However, county board Chair Deborah Conroy acknowledged that persuading the legislature to give judges full discretion over all cases might be “too large of a lift,” especially amid opposition from the powerful Illinois Legislative Black Caucus.

Instead, she suggested pursuing a smaller step — closing the loophole for domestic violence reporting now — while making a system closer to New Jersey’s a long-term goal.

“Instead of going for the whole apple, let’s go for what we actually can get done and maybe save some lives,” Conroy said.

“I would take anything we can get,” Berlin responded.

Addressing autism

Campton Hills police have a new tool for helping people with autism or other sensory issues when they are interacting with officers.

Squads are now equipped with autism sensory kits from the Autism Hero Project.

During high-stress situations, such as emergency calls or traffic stops, people with autism may experience heightened anxiety, or have difficulty communicating.

The kits include headphones to reduce noise; fidget toys and other calming items; sunglasses to reduce visual stimulation; and communication cards. The cards have pictures on them, to help non-verbal people communicate what they need and what they are feeling, such as “I am lost,” “I am hungry,” or “I am scared.”

Chief James Levand said the department often encounters people with sensory or communications issues. Just last week, officers searched a forest preserve for two adult siblings with autism who frequently wander away from their home.

In a recent training session, officers watched a video from another department in which police killed a person with autism during an encounter.

“If we can prevent any time a tragedy like that … it’s a no-brainer,” Levand said.

The department also participates in the Blue Envelope program, where drivers who have autism or other sensory issues can put documents — such as a copy of their driver’s license, their registration and proof of insurance — in a special blue envelope to hand to an officer. The envelope explains to the officer that the person is on the autism spectrum and may exhibit certain behaviors or prefer certain communication methods.

The department is also hosting first-responder training with Autism Hero Project in May, open to all law-enforcement agencies in Kane County.

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