DCFS reports, medical records could be considered at social workers’ trial in AJ Freund death

Illinois Department of Children and Family Services’ reports and medical records pertaining to the life of a 5-year-old Crystal Lake boy killed by his parents in 2019 could be presented during the criminal trials of the social workers in charge of his case.

Lake County Judge George D. Strickland is hearing the criminal cases of Carlos Acosta and his former DCFS boss Andrew Polovin in a McHenry County courtroom after other judges recused themselves. Strickland agreed to the state’s stipulation presented acknowledging defense attorneys’ objection to allowing the reports.

Acosta, 57, of Woodstock, and Polovin, 50, of Island Lake, each are charged with two counts of endangering the life of a child and health of a minor, Class 3 felonies, and one count of reckless conduct, a Class 4 felony, related to their handling of the case of AJ Freund.

Friday’s pre-trial hearing was a continuation of a hearing held in December when a DCFS employee was called to testify for the state. The employee said Acosta and Polovin should have requested all records related to AJ and his parents after a police-activated emergency call to their home at 94 Dole Ave. on Dec. 18, 2018, four months before the boy was killed.

Strickland granted part of the state’s motion, allowing 19 police reports to be presented as evidence at trial.

At that December hearing, Assistant State’s Attorney Ashley Romito said the police reports document a history of mental illness, domestic battery, theft, drug abuse and other alleged crimes connected to AJ’s parents, JoAnn Cunningham and Andrew Freund.

Failing to follow DCFS procedures and obtain the history of police contact with AJ’s parents and their house “put [AJ] in dangerous circumstances that led to his torture and murder [four] months later,” Romito said at the hearing in December.

On April 15, 2019, AJ was made to stand in a cold shower while his mother berated and beat him before putting him to bed wet, cold and naked, according to court documents and trial testimony during Cunningham’s sentencing hearing.

This latest ruling indicates that prosecutors may also be allowed to present DCFS and medical reports as evidence during trial to show the social workers failed in protecting AJ.

—  Courtroom testimony

This latest ruling indicates that prosecutors may also be allowed to present DCFS and medical reports as evidence during trial to show the social workers failed in protecting AJ.

However, rulings on whether those reports and records will be considered as evidence could be decided during trial.

The next hearing date was set for April 26 and will be held via Zoom. At that hearing, prosecutors are expected to present another stipulation clarifying that the DCFS reports are different than medical records, and defense attorneys could withdraw a previous motion requesting the cases be heard separately. A decision also could be made whether the cases are heard by a jury or Strickland himself in a bench trial, according to court testimony.

Strickland also asked if there was an “offer outstanding.”

The assistant state’s attorney responded that “We have had discussions” with the defense, and nothing has been “formerly rejected.”

The trial, which is expected to last at least a week and include details of AJ’s murder, could take place in the fall, the judge said.

Cunningham and Freund each are serving prison terms for their son’s death.

Cunningham, 40, and Freund, 64, hid AJ’s body in a tote in the basement of their home for about three days before Freund took his body, wrapped it in plastic garbage bags and buried him in a shallow grave in a field near Woodstock, according to police reports.

Freund then reported AJ missing.

After about a weeklong search that brought out thousands of people and police agencies from across the state and Wisconsin, Freund admitted to police that AJ was dead and led authorities to his body.

Cunningham pleaded guilty to murder and was sentenced to 35 years in prison. Freund pleaded guilty to aggravated battery to a child younger than 13 causing permanent disability, involuntary manslaughter of a family member and concealment of a homicidal death and was sentenced to 30 years in prison.