The back-side protection continues
Wednesday, May 20, 2026 - Posted by Rich Miller
* This story from last month kinda got lost in the shuffle of a busy week…
[DuPage County State’s Attorney Bob Berlin] renewed his call for [SAFE-T Act] reforms recently, citing the recent death of a Villa Park woman by strangulation.
The recent incident Berlin highlighted involved Estefania Abril-Hernandez, who was found dead in her Villa Park home by DuPage County Sheriff’s deputies at 3:49 a.m. Thursday, March 19, after having been reported missing the prior evening by her family.
Abril-Hernandez is believed to have died by strangulation; she was found with a vacuum power cord wrapped tightly around her neck nine times.
Abril-Hernandez’s estranged husband, Brian Hernandez, of Oak Forest, is suspected of the murder. Police found him in possession of Abril-Hernandez’s vehicle and cell phone prior to locating Abril-Hernandez.
While discussing the incident at a DuPage County Board meeting Tuesday, April 14, Berlin outlined Hernandez’s history of violent behavior, which included alleged interference in past domestic violence incidents with Abril-Hernandez.
One particular incident involved Hernandez allegedly hanging up on 911 operators as Abril-Hernandez initially called the emergency number.
Speaking specifically to the 911 hang-up, Berlin indicated Hernandez was released on a recognizance bond, since interfering with a domestic violence report is not a detainable offense under the current provisions within the Illinois Pretrial Fairness Act.
But a domestic battery charge is detainable, and for whatever reason he wasn’t charged with committing that crime, even though at some point Ms. Abril-Hernandez obtained an order of protection. So it must’ve been serious. Instead Hernandez was charged apparently more than once with the misdemeanor crime of interfering with a domestic violence report. Berlin has yet to explain why.
* I was reminded of the story when this press release from the Illinois Network for Pretrial Justice arrived in my in-box…
• In March of this year, Estefania Abril-Hernandez’s estranged husband murdered her. [DuPage County] State’s Attorney Bob Berlin seized on this tragedy to renew his calls for changes to increase the detention eligibility net, complaining that there are “loopholes in the law.” Abril-Hernandez’s husband had been accused of hanging up the phone as she called 911 to report domestic violence, and prosecutors charged him with interfering with a domestic violence report. That misdemeanor is not a detainable offense under the Pretrial Fairness Act (nor was it under the money bond system), and her husband was released.
• It is important to note two things:
o Under the old money bond system, he would not have been eligible for pretrial detention and would have been, at most, ordered to pay a money bond.
o The law the husband was charged with violating requires that he first commit an act of domestic violence, chargeable as the detainable offense of domestic battery, yet the prosecutor did not file that charge.
• It is not clear why Berlin’s office opted for this lesser—and what he deemed a “loophole”—charge, which they knew was not detainable, or if there was anything that could have predicted that this man would commit this horrific act. Nor do we know whether the office offered Ms. Arbril-Hernandez any resources before this tragedy occurred. Rather than reflect on whether his office, or any other entity, could have done something differently, Mr. Berlin once again railed against provisions of the Pretrial Fairness Act.
• Berlin’s own statements show how opportunistic he is being. “Since its implementation into law two-and-a-half years ago,” a local news station reported, “DuPage County State’s Attorney Bob Berlin said he has been calling for amendments to the Illinois Pretrial Fairness Act” It should be no surprise, then, that he used this tragedy as a platform to call, yet again, for changes.
Blaming the Pretrial Fairness Act or a judge’s decision for atypical events is disingenuous and misguided. Instead, it would be more productive to conduct an analysis after such an event occurs to determine whether there are places where interventions or other actions might have made a difference: from mental health treatment to relocation support for a victim to following protocols when warrants are issued. Opponents of the Pretrial Fairness Act do not appear to be interested in conducting that analysis, but instead, they jump to blame the law, which is completely unproductive.
- Garfield Ridge Guy - Wednesday, May 20, 26 @ 9:14 am:
It’s weird that Rich wrote a whole post running defense for domestic abusers and the General Assembly that enables their abuse. Please do better.
- In the Weeds - Wednesday, May 20, 26 @ 9:17 am:
It is not a defense of people committing abuse, it is pointing out when elected officials and people in power are constantly shifting blame and making excuses while failing to ever examine their own roles. SA Berlin keeps promising complete safety if his legislative demands are met, and that’s just dishonest. Unfortunately no system is perfect, and instead of trying to improve decision making, all he wants to do is pass the buck and CYA.
- Excitable Boy - Wednesday, May 20, 26 @ 9:18 am:
- a whole post running defense for domestic abusers and the General Assembly that enables their abuse -
The post is about a states attorney that repeatedly declined to charge a domestic abuser with domestic battery. Try learning to read.
- localgovhero - Wednesday, May 20, 26 @ 9:31 am:
“running defense for domestic abuser”
1. This post criticizes the SA for not doing enough to protect against domestic violence.
2. You have the reading comprehension of a rock. “Please do better”
- Original Rambler - Wednesday, May 20, 26 @ 9:32 am:
Being purposefully disingenuous GRG? The Safe-T-Act is not the issue; Berlin’s failure to charge the ex with a detainable offense is. I’d like to hear his explanation for that but doubt that will be forthcoming.
- Norseman - Wednesday, May 20, 26 @ 9:33 am:
Rich is a big boy and can defend himself, but don’t think you can play the game misdirection and think you can get away with it. We continue to get lies told by corrupt politicians about what the law does and conflate facts about crimes to attack it. No law is perfect, but it’s pretty good compared to what we’ve had before. Congratulations IL on this reform.
- H-W - Wednesday, May 20, 26 @ 9:36 am:
I was going to say the Sheriff and State’s Attorney need to stop deflecting from the issue, but then Garfield Guy posted.
Wait for it… I hear a “bite me” in the wind.
Look, Garfield, it is patently false to suggest what Rich wrote is a defense of of domestic abusers. You know that, which means you are lying for personal gain rather than for the sake of abused women. You are doing so to defend law and order personnel when they drop the ball, who do not need defending.
It is also sexist to suggest that the problem of domestic violence is an individual level issue between one man and one woman (or one man and any other relation). Domestic violence is systemic in our communities and in our family systems. Your argument men one of tolerating the problem by blaming one abuser and ignoring the fact that domestic violence persists. Comments such as yours supporting the status quo by deflecting from the problems and the failures to address the role of the justice system and social services system. We all need to step up, rather than deflect and claim no responsibility for the messes in our communities and homes.
- H-W - Wednesday, May 20, 26 @ 9:38 am:
=== Your argument men one of tolerating ===
Should be Your argument is one of tolerating.
- Larry Bowa Jr. - Wednesday, May 20, 26 @ 9:47 am:
Historically police and prosecutors didn’t want to charge domestic violence or try domestic violence cases or really have to acknowledge that domestic abuse is a problem in society, and had to be dragged kicking and screaming into enforcing these laws. I’m old enough to remember watching this attempted transformation.
This ongoing law enforcement indifference is clearly the fault of the IL General Assembly which as we all know makes arrests, tries cases and renders judgments on the convicted, and who earn almost as much money as an Illinois State Trooper or judge.
- JB13 - Wednesday, May 20, 26 @ 9:54 am:
Hope state’s attorneys all over the state read this piece and immediately begin default petitions to lock up everyone charged with domestic abuse, no exceptions.
I’m sure the Network for Pretrial Fairness would be good with that, yes?
And outlets like Block Club and Injustice Watch won’t run sob stories excoriating the prosecutors for only doing what the SAFE-T Act allows, right?
- Isabel Miller - Wednesday, May 20, 26 @ 10:12 am:
== Please do better ==
Please read better. You’re in time out.
- Pundent - Wednesday, May 20, 26 @ 10:17 am:
I think we’re going to continue to see this preemptive blaming of the SAFE-T Act any time a judge or State’s Attorney drops the ball. It’s a shame as the focus should be on the mis-steps of Berlin’s office, not the act.
- Stephanie Kollmann - Wednesday, May 20, 26 @ 10:23 am:
What are the mechanics of hanging up on someone else’s 911 call? Unless this was a landline where one can yank a cord from a wall without specifically taking the property of another through threat or use of force (and potential charges of robbery, intimidation, assault, and/or battery)?
- Jocko - Wednesday, May 20, 26 @ 10:35 am:
==Berlin outlined Hernandez’s history of violent behavior==
Which he could (and should) have done at the detention hearing.
- Stephanie Kollmann - Wednesday, May 20, 26 @ 10:36 am:
I think my comment is stuck?
- Just Another Anon - Wednesday, May 20, 26 @ 10:40 am:
@Stephanie
Mine Too. I think they turned on moderation mode.
- Flyin' Elvis'-Utah Chapter - Wednesday, May 20, 26 @ 10:46 am:
Sadly, the SAFE-T act gives incompetent States Attorneys cover.
Union County’s constantly cites it for his inability to secure detainment.
Keep in mind this is the same “prosecutor” who began a criminal trial by reading the wrong bill of indictment.
- RedRepublican - Wednesday, May 20, 26 @ 10:49 am:
Bob Berlin only prosecutes on charges that he feels are a slam-dunk. Not an easy win? Any risk to Bob’s precious stats? If so, then you’re Born Free in DuPage County…
- JS Mill - Wednesday, May 20, 26 @ 10:53 am:
=You’re in time out.=
Isabel “The Hammer” Miller with the mic drop. Restaurant quality.
@Norseman +1
- Excitable Boy - Wednesday, May 20, 26 @ 11:16 am:
- But a domestic battery charge is detainable, -
And because of the SAFE-T act, the offender can’t buy their freedom as they regularly did with cash bond.
- Amalia - Wednesday, May 20, 26 @ 11:16 am:
yes. everybody do better. including prosecutors. But the bigger question is how do we do more to help avoid so many violent situations. we can default to it’s not the fault of the act, but there is a mindset from it among many that we have to put fewer behind bars & it affects decisions that are made by judges. we need a broad discussion of what we can do. one thorny problem is that so many have multiple convictions and yet they are still out there hurting people. what do we do? much to discuss.
- JS Mill - Wednesday, May 20, 26 @ 11:29 am:
==You’re in time out.==
Also, can I interest you in a position as an Elementary School teacher or Principal? It may be your true calling.
- Rich Miller - Wednesday, May 20, 26 @ 11:57 am:
===offender can’t buy their freedom as they regularly did with cash bond===
Correct.
=== I hear a “bite me” in the wind===
No need. Y’all had my back and Isabel’s post was spot-on.
That clown won’t be back.
- Dotnonymous x - Wednesday, May 20, 26 @ 12:04 pm:
- Please do better. -
Reading is fundamental…still.
- Rich Miller - Wednesday, May 20, 26 @ 12:09 pm:
===I’m sure the Network for Pretrial Fairness would be good with that, yes? ===
Don’t argue like a child here.
- Rich Miller - Wednesday, May 20, 26 @ 12:12 pm:
===Hope state’s attorneys all over the state read this piece and immediately begin default petitions to lock up everyone charged with domestic abuse, no exceptions. I’m sure the Network for Pretrial Fairness would be good with that, yes? ===
Actually, come to think of it, that reads more like abuser language.
- Stix Hix - Wednesday, May 20, 26 @ 12:18 pm:
I was thinking, Isabel “The Icepick” Miller. Well done.
- Annon'in - Wednesday, May 20, 26 @ 12:20 pm:
Seems like a 3 way ball drop — cops, SA and judge can get “fumble” marked on their score sheet. While keeping the ‘alleged” offended locked up takes a little more work and might draw an appeal what else do they all have to do? Guessin’ Berlin can sign up to drive GOP Chair Groggin around.
- Sbfisher - Wednesday, May 20, 26 @ 2:00 pm:
Can anyone lend any insight onto why this individual wasn’t charged with a detainable offense? Our why there was a lack of charges from previous incidents, seems like the pattern was there… what a shame.
- Excitable Boy - Wednesday, May 20, 26 @ 2:43 pm:
- Can anyone lend any insight onto why this individual wasn’t charged with a detainable offense? -
Yeah, Bob Berlin. I wouldn’t hold your breath waiting on him to do so.
- Amalia - Wednesday, May 20, 26 @ 2:43 pm:
is the domestic violence charge he could have been charged with the one which she was trying to report on the phone when he interferred?
- Rich Miller - Wednesday, May 20, 26 @ 3:07 pm:
Amalia, yes. And it wasn’t the first time he’d been charged with that misdemeanor instead of a felony.
- Leslie K - Wednesday, May 20, 26 @ 6:05 pm:
I’ve seen the interference charge added to a domestic battery (detainable even as a misdemeanor) charge, but have never seen it as a stand-alone charge. The domestic violence is an element of the interference charge. Even knowing Berlin’s MO, this baffles me.
- Rich Miller - Wednesday, May 20, 26 @ 6:44 pm:
===I’ve seen the interference charge added===
Yeah. My original draft post said this looked to me like a typical add-on charge, but I took it out.