AJ FREUND: Illinois vs. Andrew Freund Sr. & JoAnn Cunningham for murder of son *GUILTY PLEAS*

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His body was recovered April 24 from a shallow grave several miles away in rural Woodstock. His parents, Andrew Freund Sr., and JoAnn Cunningham, had reported him missing six days earlier, but were charged with first-degree murder and other felonies following the discovery.

Cunningham, 36, pleaded guilty to a murder charge in December and faces up to 60 years in prison when sentenced April 30.

Freund Sr., 61, last week requested a bench trial and is scheduled to return to court April 24, the anniversary of his arrest. Both remain held in the McHenry County jail on $5 million bail.

 

AJ Freund murder: JoAnn Cunningham challenges conviction in beating death of 5-year-old son​

A suburban Chicago woman who pleaded guilty in her 5-year-old son's death is challenging her conviction and 35-year sentence, saying she had postpartum depression and psychosis when she killed her son.

JoAnn Cunningham, 39, of Crystal Lake, claimed in her petition for post-conviction relief that she did not receive adequate counsel. She claimed to have been seeing demons and believed her son was possessed by a demon, and said she sought an exorcism from a priest, a chaplain and AJ's father, Andrew Freund, The Northwest Herald reported.

McHenry County Judge Robert Wilbrandt, who sentenced Cunningham, said Friday he has 90 days to decide whether the post-conviction petition has merit. If relief is granted, it could result in Cunningham's guilty plea and sentence being set aside and a date could be set for a new trial.

If Wilbrandt finds her claims are warranted, he then would assign Cunningham an attorney and allow prosecutors to provide their input, the judge said during a hearing Friday.
She was possessed by drugs and evil is more like it. Both parents were addicts from all I followed on this case imo. Both were abusive. He seemed to be cut more slack because he was an "attorney" but he in no way deserved it. I mean when abuse was reported and problems occurred and such prior to AJ's death.
 
347 children have died in the last THREE years alone as part of Illinois DCFS???? Holy crap.

'A stain on the state of Illinois': Bipartisan push for reforms at DCFS amid child deaths
Lawmakers are renewing the push for oversight on the Department of Children and Family Services.

It comes as we near the three-year anniversary of the death of AJ Freund, a Crystal Lake five-year-old who died after being abused.

"This department is a stain on the state of Illinois," said Rep. Carol Ammons, D-Urbana.

In memory of Freund, 347 pairs of children shoes displayed at the Capitol Thursday representing the number of children who have died in the last three years despite being involved with DCFS.

It was set up by Roar for AJ, a group aiming to keep the pressure on DCFS to find solutions so that children like AJ are better protected.

Just a few floors above the display, lawmakers slammed the department for their inaction, calling for audits and other changes to ensure these deaths are being handled correctly.

Since January, at least five children have been added to that count.

"We're talking about children, our most vulnerable children, who we as a state have a fundamental responsibility to protect, and we are failing them miserably," said Rep. Chris Bos, R-Lake Zurich.
I remember this being a big thing in this case and about this area and it STILL seems to be. People were going on about it in the area then! In AJ's case the cops even tried I think if I recall thinking if they told the agency but to no avail... They knew too... So nothing was done?? Swept under the rug again. Meaning people were yelling then and I thought a review or something was being done on the rampant deaths, etc. in this area. All this time later they say lawmakers are reviewing it??? Still??? Or they never did until now...? I guess three years though is typical isn't it... [sarcasm} When bureaucracy is involved and I guess i policing an agency, etc...
 

Petition filed by 5-year-old AJ Freund’s mother ‘patently without merit,’ judge rules​

Writing that JoAnn Cunningham’s constitutional rights were not violated, a McHenry County judge Wednesday dismissed the post-conviction petition filed by the former Crystal Lake mother serving 35 years in prison for killing her 5-year-old son.

In denying the first stage of a post-conviction petition, Wilbrandt wrote the pleadings in Cunningham’s petition “do not provide the ‘gist’ of a meritorious claim of substantial deprivation of a federal or state constitutional right and that they are patently without merit.”


Among the complaints, Cunningham, 39, said no witnesses were called to testify on her behalf; she was not allowed to testify herself, nor did she provide a confession; she was not read her Miranda rights; and she claimed she was “illiterate” as to her constitutional rights.

In fact, Wilbrandt responded in his order, at Cunningham’s “extensive sentencing hearing,” which was televised, witnesses were called on her behalf and defense attorneys presented “wide-ranging evidence” of her history of drug abuse and substance abuse treatment. She also provided a lengthy statement, addressing her “long-standing history of both prescribed and illegal drug use,” the judge wrote.


Wilbrandt also dismissed Cunningham’s claims that her 35-year prison sentence is “cruel and unusual punishment.” He said these were “patently without merit.”

The negotiated plea to first-degree murder – which she agreed to in court – was amended to exclude an additional charge of first-degree murder that included verbiage the crime was done with “intent to kill.” It also excluded the words “brutal or heinous behavior indicative of wanton cruelty.”

Had these original allegations been proven at trial, she would have faced up to 60 years in prison, essentially natural life, Wilbrandt said.
 
347 children have died in the last THREE years alone as part of Illinois DCFS???? Holy crap.

'A stain on the state of Illinois': Bipartisan push for reforms at DCFS amid child deaths
Lawmakers are renewing the push for oversight on the Department of Children and Family Services.

It comes as we near the three-year anniversary of the death of AJ Freund, a Crystal Lake five-year-old who died after being abused.

"This department is a stain on the state of Illinois," said Rep. Carol Ammons, D-Urbana.

In memory of Freund, 347 pairs of children shoes displayed at the Capitol Thursday representing the number of children who have died in the last three years despite being involved with DCFS.

It was set up by Roar for AJ, a group aiming to keep the pressure on DCFS to find solutions so that children like AJ are better protected.

Just a few floors above the display, lawmakers slammed the department for their inaction, calling for audits and other changes to ensure these deaths are being handled correctly.

Since January, at least five children have been added to that count.

"We're talking about children, our most vulnerable children, who we as a state have a fundamental responsibility to protect, and we are failing them miserably," said Rep. Chris Bos, R-Lake Zurich.
I just saw this post. ONE is too many! WTH?!!!! There is no excuse for this ! They have excuses, But nope. Doesn't matter. A child died under your "supervision". YOUR WATCH! This is very infuriating! I am truly shocked at that #. And can't believe it wasn't national news. Bust them on T.V. No politics. It's a child, So stop hiding behind that.
 
I just saw this post. ONE is too many! WTH?!!!! There is no excuse for this ! They have excuses, But nope. Doesn't matter. A child died under your "supervision". YOUR WATCH! This is very infuriating! I am truly shocked at that #. And can't believe it wasn't national news. Bust them on T.V. No politics. It's a child, So stop hiding behind that.
It's always shoved under the rug. Just like the West boys in CA and many others but this Illinois agency, BIG TIME issues and what is done???

The cops even tried to do something in this case and get the agency to do something, etc. and that didn't work either...

It should be HUGE news, this kind of thing always should be but when it is some government agency, etc., is it ever...
 

New judge to hear case against AJ Freund's caseworkers​

An out-of-county judge will be brought in to the McHenry County courthouse to preside over the cases of two caseworkers charged criminally in the death of a 5-year-old Crystal Lake boy who was killed by his parents in 2019.

Judge James Cowlin, who is serving as chief of the 22nd Judicial Circuit until his term ends Nov. 30, has replaced the now-retired Judge Robert Wilbrandt. On Dec. 1, Michael J. Chmiel will take over as the new chief judge.

Wilbrandt had been overseeing all matters related to the death of AJ Freund, including the criminal cases of his parents, JoAnn Cunningham and Andrew Freund.

Wilbrandt also had been presiding over the cases of Carlos Acosta and Andrew Polovin, employees with the Department of Children and Family Services. Acosta was assigned as AJ's caseworker, and Polovin was Acosta's supervisor.

In a rare move, each has been charged criminally in the child's death.

If convicted on the most serious charges of child endangerment, a Class 3 felony, they could face between five and 10 years in prison.
 
Thanks for the update. I don't like hearing about a deal for the father. He has always played more connected (was a lawyer) and innocent but he buried his own boy and wrapped him in plastic and was just as responsible for what his boys lived in and was present and contributed. Both were addicts and worse. If I recall correctly. I don't know.

I do know this one and Noah McIntosh have some of the worst details I have ever read.
Yeah. McIntosh. Another huge failing by CPS. I should start making a list.
 

Judge allows key evidence to be used at trial against 2 DCFS employees charged following AJ Freund’s murder​

A judge has allowed prosecutors to admit new evidence against the two DCFS workers who were charged with the mishandling of AJ Freund abuse investigations before the Crystal Lake boy was killed.

Carlos J. Acosta, 56, of Woodstock, and Andrew R. Polovin, 50, of Island Lake, were both charged in September 2020 with two counts of endangering the life of a child causing death, a Class 3 felony, and one count of reckless conduct causing great bodily harm, a Class 4 felony.

Acosta and Polovin both pleaded not guilty to the charges and request jury trials.

A grand jury indictment charged Acosta, a DCFS child protection specialist, and Polovin, a DCFS child protection supervisor, with “not acting in good faith” within their official capacities.

The indictment said the two, in a “willful or wanton manner” knowingly caused or permitted the life or health of Andrew Freund Jr. to be endangered and that was the proximate cause of the boy’s death.
 

by Sam Borcia
June 22, 2023 4:12 PM

An attorney has asked to withdraw from representing the Crystal Lake mother serving a 35-year prison sentence for killing her son, AJ Freund, in her post-conviction appeal.

JoAnn Cunningham, 40, formerly of Crystal Lake, filed a post-conviction petition in McHenry County Circuit Court in late March 2022.

Cunningham filed the petition pro se, meaning on her own behalf, and was seeking unspecified relief under the post-conviction act.

She claimed that her 14th, 8th and 6th Amendment rights were violated after her arrest and during the time of her court case.

In a handwritten five-page statement, Cunningham said she had ineffective counsel and was not allowed to testify on her own behalf in court.

Cunningham, who was pregnant at the time of her arrest, claimed officers never read her Miranda rights to her before being questioned by detectives.

Cunningham also said her 8th Amendment right was violated by “excessive sentencing” imposed on her.

She said that she had been on psychiatric medications over a long period of time and was not being monitored by a doctor or mental health professional while in the McHenry County Jail.

She also claimed to have suffered hallucinations while in jail on the prescribed medications, which caused “severe side effects,” during her pregnancy and after.

Cunningham gave birth to a child while in the McHenry County Jail in May 2019.

Cunningham said in the petition that she suffered from postpartum psychosis at the time she killed AJ, who was 5 years old, but that her attorney did not present any evidence to the court.
 

by Sam Borcia
June 22, 2023 4:12 PM

An attorney has asked to withdraw from representing the Crystal Lake mother serving a 35-year prison sentence for killing her son, AJ Freund, in her post-conviction appeal.

JoAnn Cunningham, 40, formerly of Crystal Lake, filed a post-conviction petition in McHenry County Circuit Court in late March 2022.

Cunningham filed the petition pro se, meaning on her own behalf, and was seeking unspecified relief under the post-conviction act.

She claimed that her 14th, 8th and 6th Amendment rights were violated after her arrest and during the time of her court case.

In a handwritten five-page statement, Cunningham said she had ineffective counsel and was not allowed to testify on her own behalf in court.

Cunningham, who was pregnant at the time of her arrest, claimed officers never read her Miranda rights to her before being questioned by detectives.

Cunningham also said her 8th Amendment right was violated by “excessive sentencing” imposed on her.

She said that she had been on psychiatric medications over a long period of time and was not being monitored by a doctor or mental health professional while in the McHenry County Jail.

She also claimed to have suffered hallucinations while in jail on the prescribed medications, which caused “severe side effects,” during her pregnancy and after.

Cunningham gave birth to a child while in the McHenry County Jail in May 2019.

Cunningham said in the petition that she suffered from postpartum psychosis at the time she killed AJ, who was 5 years old, but that her attorney did not present any evidence to the court.
"Postpartum Psychosis" Bulls*! "Excessive sentencing". I've NEVER heard that. These people and their complete bulls*! "Has been on psychiatric medications for a long period of time". ME TOO B****!!! But not monitored by a doctor or mental health professional. They are the only ones who can prescribe. The attorney didn't produce evidence of this because THERE ISN'T ANY!!!
 

by Sam Borcia
June 22, 2023 4:12 PM

An attorney has asked to withdraw from representing the Crystal Lake mother serving a 35-year prison sentence for killing her son, AJ Freund, in her post-conviction appeal.

JoAnn Cunningham, 40, formerly of Crystal Lake, filed a post-conviction petition in McHenry County Circuit Court in late March 2022.

Cunningham filed the petition pro se, meaning on her own behalf, and was seeking unspecified relief under the post-conviction act.COMP

She claimed that her 14th, 8th and 6th Amendment rights were violated after her arrest and during the time of her court case.

In a handwritten five-page statement, Cunningham said she had ineffective counsel and was not allowed to testify on her own behalf in court.

Cunningham, who was pregnant at the time of her arrest, claimed officers never read her Miranda rights to her before being questioned by detectives.

Cunningham also said her 8th Amendment right was violated by “excessive sentencing” imposed on her.

She said that she had been on psychiatric medications over a long period of time and was not being monitored by a doctor or mental health professional while in the McHenry County Jail.

She also claimed to have suffered hallucinations while in jail on the prescribed medications, which caused “severe side effects,” during her pregnancy and after.

Cunningham gave birth to a child while in the McHenry County Jail in May 2019.

Cunningham said in the petition that she suffered from postpartum psychosis at the time she killed AJ, who was 5 years old, but that her attorney did not present any evidence to the court.
COMPLETE and UTTER ********. The rights violated were AJ's and his brother's who is lucky to be ALIVE. This nasty piece of loser sh*t and her kids' attorney daddy who was no better deserve WORSE than what they got. This is also a case where EVERY person in that CHILD AGENCY there who ever came near this family or case shoudl be in JAIL themselves and the agency SHUT DOWN as they are worthless.

Waa waa sob, POOR Joann. She's talking about meds and all, well what about her running to Wisconsin to a doctor who would prescribe more of her ADDICTTION **** for her. Was that doctor charged? Was the agency? NOPE.

But she and her husband oh boy. Maybe they weren't married but either way the boys' parents. On one occasion they let her go as dad said HE would ensure the kids were taken care of but he wasd NO better but probably could talk a better game. The law firm he worked at tried to help him (but of course they put his down fall all on her) but he was an ADDICT. BAD BAD home environment.

Post partum depression at that point my arse. BULLSHEET. I think the brother was a year younger (is, still alive). And THEN she got pregnant again. And even though they were together, some guy that came out of prison or some such too she knew was living with them and she was scre*ing around with him. Total drugs, total abusers of children and more.

Yet I said back when in this thread they wouldn't give her the worst as then they would have to explain the sentence they gave him WHO IS JUST AS BAD. I don't care if he USED to be lawyer!!

And she goes through trial and into prison pregnant yet again...

I saw and watched this case from the beginning and before I was here. It is a definite trigger one for me. I started out watching as he was "missing" but then by the time all the HORRID facts came out I was sucked in.

They are the typical example of two people who should NEVER be free to walk the earth again.

I gather she has turned herself into a jailhouse lawyer or has made friends with one using the prison law library. Although who knows, nowadays they probably have tablets and access to Lexus and websites, etc. Half kidding but not really...

I was thinking this morning that you know, I bet we see next or in our lifetime where they start giving former alcoholics in prison beer and whisky and drug addicts their drug of choice because someone will say it is abuse if they can't receive what they need and that it is violating their rights!!

Rant over. This woman is one of the worst examples of a mother that ever walked. Maybe not the worst but she certainly is in the running and SO IS HE in the father category.
 

BY ANDREW RAMOS
UPDATED ON: SEPTEMBER 11, 2023 / 5:19 PM / CBS CHICAGO

WOODSTOCK, Ill. (CBS) – More than four years after the horrific murder of 5-year-old A.J. Fruend resulted in the arrests and convictions of his parents, the former DCFS workers accused of mishandling the child's care were in court.

CBS 2's Andrew Ramos was there on the first day of the trial in McHenry County.

The two former DCFS workers, Carlos Acosta and Andrew Polovin were charged in 2020 in the case that put a dark cloud over the state's child welfare agency. Both Acosta and Polovin pleaded not guilty to the charges.

On Monday, prosecutors zeroed in on red flags in the case they said were mishandled and ignored by the workers.

The Crystal Lake boy was first reported missing by his parents in April 2019. His body was found later, and his parents, Andrew Fruend Sr. and JoAnn Cunningham were charged with murder.

<snip>

In a rare move, Acosta, a former specialist, and Polovin, a former supervisor with the department, were charged with endangering a child's life and reckless conduct.

Using new evidence from several police reports, prosecutors alleged they clearly outlined a history of problems at the family's home.

In one incident, officers were at the home and observed a bruise on the boy. Prosecutors said Acosta failed to recognize the severity of the injury and moved forward to close the case, putting A.J. and his younger brother back into the care of their mother.

During emotional testimony, that officer recalled when she asked the boy about the bruise. She said she was troubled by the way the boy's mother prompted him to blame the family dog.

I will tell you that when she leaned down to tell him what happened, all the hair on my arm stood up," said Crystal Lake police officer Kimberly Shipbaugh. "And I knew at that moment that I should've pulled him aside and asked him without her presence, but it caught me so off-guard when I saw it. I just asked him. So, I explained to Carlos about JoAnne's influence on A.J.'s response. I explained to him the intensity of the bruise. I explained that it was my belief that there was no way that the dog could've possibly done that to him."

The judge in the bench trial also heard testimony from an emergency room doctor who treated A.J. in December 2018 for the bruises. She said A.J. was not in pain, but he indicated that Cunningham used a belt to strike him.

"I couldn't tell you what made the bruise or when it happened, but now I have information that he was giving me about a belt, about maybe his mom did it, and that to me was additional credible evidence that could be used to continue the protective custody," said Dr. Joellen Channon.

But according to prosecutors, despite those revelations, that protective custody cased when Acosta closed the case and attributed the bruising to the family dog.

The defense attempted to poke holes in the police reports where testimony from officers differed from what they documented when the reports were filed.

At the end of the first day, a retired administrator from DCFS was on the stand, and prosecutors attempted to use her testimony to show the defendants didn't follow protocols while investigating the case. That witness returns on Tuesday.

Day two of the trial continues Tuesday.

Both of A.J.'s parents are serving more than 30 years in prison.

 

BY ANDREW RAMOS
UPDATED ON: SEPTEMBER 11, 2023 / 5:19 PM / CBS CHICAGO

WOODSTOCK, Ill. (CBS) – More than four years after the horrific murder of 5-year-old A.J. Fruend resulted in the arrests and convictions of his parents, the former DCFS workers accused of mishandling the child's care were in court.

CBS 2's Andrew Ramos was there on the first day of the trial in McHenry County.

The two former DCFS workers, Carlos Acosta and Andrew Polovin were charged in 2020 in the case that put a dark cloud over the state's child welfare agency. Both Acosta and Polovin pleaded not guilty to the charges.

On Monday, prosecutors zeroed in on red flags in the case they said were mishandled and ignored by the workers.

The Crystal Lake boy was first reported missing by his parents in April 2019. His body was found later, and his parents, Andrew Fruend Sr. and JoAnn Cunningham were charged with murder.

<snip>

In a rare move, Acosta, a former specialist, and Polovin, a former supervisor with the department, were charged with endangering a child's life and reckless conduct.

Using new evidence from several police reports, prosecutors alleged they clearly outlined a history of problems at the family's home.

In one incident, officers were at the home and observed a bruise on the boy. Prosecutors said Acosta failed to recognize the severity of the injury and moved forward to close the case, putting A.J. and his younger brother back into the care of their mother.

During emotional testimony, that officer recalled when she asked the boy about the bruise. She said she was troubled by the way the boy's mother prompted him to blame the family dog.

I will tell you that when she leaned down to tell him what happened, all the hair on my arm stood up," said Crystal Lake police officer Kimberly Shipbaugh. "And I knew at that moment that I should've pulled him aside and asked him without her presence, but it caught me so off-guard when I saw it. I just asked him. So, I explained to Carlos about JoAnne's influence on A.J.'s response. I explained to him the intensity of the bruise. I explained that it was my belief that there was no way that the dog could've possibly done that to him."

The judge in the bench trial also heard testimony from an emergency room doctor who treated A.J. in December 2018 for the bruises. She said A.J. was not in pain, but he indicated that Cunningham used a belt to strike him.

"I couldn't tell you what made the bruise or when it happened, but now I have information that he was giving me about a belt, about maybe his mom did it, and that to me was additional credible evidence that could be used to continue the protective custody," said Dr. Joellen Channon.

But according to prosecutors, despite those revelations, that protective custody cased when Acosta closed the case and attributed the bruising to the family dog.

The defense attempted to poke holes in the police reports where testimony from officers differed from what they documented when the reports were filed.

At the end of the first day, a retired administrator from DCFS was on the stand, and prosecutors attempted to use her testimony to show the defendants didn't follow protocols while investigating the case. That witness returns on Tuesday.

Day two of the trial continues Tuesday.

Both of A.J.'s parents are serving more than 30 years in prison.

They'll probably get paroled in 15 or less.
 
This is one case they darned well should be criminally charged. There is soooo much that has not even been touched on that they should never have ignored. Cops TRIED to get them to do something. Neighbors and people in the area have said how bad the agency is and was and likely still is. NOT just to do with AJ if I recall.

Another case there should be heads rolling with serious criminal charges and firings and more is the West boys case in CA.

Then we know of several that no one even knew a child was missing for months to years on end. Or WHERE a child was placed with a father who likely never wanted them, and did drugs and more when a willing family member or friend would have taken a child and NO FOLLOW UPS, etc. The NY case the name escapes me where they did NOTHING when the school and mother BEGGED but dad was a "cop". So many, so very many.

There is another side in some cases. In some I believe they step in overboard when things may not be perfect but the child IS physically healthy, the parent is NOT perfect but the child is not in a BAD place yet they take the child. OR where a little help and support or a family member taking them could be worked out. Etc. I see NO reason the West boys should EVER have been adopted and maybe even fostered and CERTAINLY not by those two. In SOME cases CPS or DCF PUT them in the hands of their abusers/killers. In this case here, they damned well SHOULD have been removed. Over and over and over.
 
I am so sick of children being victims!!!. Either by long term abuse and neglect, A one time incident. Or by a pedophile that shouldn't have been let out to begin with!!!!! I was watching a documentary of the disappearance of "LeeAnna "Beaner" Warner" In 2003. From "Chisholm, MN". In a town under 5,000 population. There were 130 registered sex offenders. I truly believe one is responsible for her disappearance. IIRC. She would be 25 now. IIRC She was born in 1996.
 
This is one case they darned well should be criminally charged. There is soooo much that has not even been touched on that they should never have ignored. Cops TRIED to get them to do something. Neighbors and people in the area have said how bad the agency is and was and likely still is. NOT just to do with AJ if I recall.

Another case there should be heads rolling with serious criminal charges and firings and more is the West boys case in CA.

Then we know of several that no one even knew a child was missing for months to years on end. Or WHERE a child was placed with a father who likely never wanted them, and did drugs and more when a willing family member or friend would have taken a child and NO FOLLOW UPS, etc. The NY case the name escapes me where they did NOTHING when the school and mother BEGGED but dad was a "cop". So many, so very many.

There is another side in some cases. In some I believe they step in overboard when things may not be perfect but the child IS physically healthy, the parent is NOT perfect but the child is not in a BAD place yet they take the child. OR where a little help and support or a family member taking them could be worked out. Etc. I see NO reason the West boys should EVER have been adopted and maybe even fostered and CERTAINLY not by those two. In SOME cases CPS or DCF PUT them in the hands of their abusers/killers. In this case here, they damned well SHOULD have been removed. Over and over and over.
The New York case. FAILURE ON EVERY LEVEL!!!! The school knew something was going on. But did NOTHING!!! DCS NOTHING!!! "Gabriel Fernandez" Is one of the worst cases I have seen. And also FAILURE ON EVERY LEVEL!!! They were going to charge 4 DCS workers for it. Then the judge was ORDERED to drop the charges. They already had a few court appearances.
 

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