Crime & Safety
1 Year Later, AJ's Memory Lives On
It's been one year since authorities say AJ Freund, 5, was beaten to death at the hands of his parents.
CRYSTAL LAKE, IL — One year ago, authorities say 5-year-old AJ Freund died inside his home in Crystal Lake. Three days later, his father, Andrew Freund, 60, would place a 911 call.
"We have a missing child. We woke up this morning and he wasn't there," Freund told the dispatcher on the morning of April 18, 2019. He and AJ's mother, 36-year-old JoAnn Cunningham, told authorities that they last saw AJ at 9:30 p.m. on April 17 when the boy went to bed.
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From there, AJ became a household name. And the search began.
While local authorities headed the widespread and exhaustive search efforts, area residents could be seen in Crystal Lake walking their neighborhoods, peeking in window wells and neighbors' backyards, carefully scoping out their playhouses and playgrounds, hoping AJ would be found and returned to his home.
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Initially, authorities were not sure if AJ walked away from the residence, was abducted, or if someone he knew was responsible for his disappearance. Police officers went door to door. Helicopters hovered overhead, and K-9 units and police officers went in and out of 94 Dole Ave. — AJ's home in an otherwise quiet and nice neighborhood in Crystal Lake.
Days later, the public would learn that AJ had been killed — murdered by his parents, authorities said — inside that home as a punishment for lying about soiled underwear, court documents alleged.
A year later, the emotional toll AJ's story has had on the community remains. For the Crystal Lake Police Department, the days after Freund's 911 call were tough, to put it lightly, Crystal Lake Police Chief James Black told Patch this past week.
"Almost all of us have children, so any reported incident where a child is a victim is certainly emotional even for police officers," he said. Initially, police were working off three possible scenarios — a death, an abduction or a missing child — and had to use different approaches in their search efforts while also coordinating with each other and the Federal Bureau of Investigation, whose agents were called in to help.
"While the investigation itself lasted about six days, everyone worked long days with little to no sleep," Black recalled Tuesday. "All of the investigators and agents working this case were determined to find out what happened to AJ."
Black led daily morning briefings with his staff as well as coordinated briefings several times per day with investigators and FBI agents.
"Managing my staff in an incident like this is just business; they are trained investigators, and they are good at what they do," he told Patch Tuesday. "What is chaotic is just managing all of the resources during an event like this."
Almost a week later, on April 24, police brought Andrew Freund Sr. in for questioning. He finally confessed, officials said, and told police where he buried his son's body, which was then found wrapped in plastic and recovered from a shallow grave near Woodstock.
- AJ Freund Died Three Days Before He Was Reported Missing: Report
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The news of AJ's death "took an emotional toll on everyone in some form or another," Black said Tuesday. And investigators, working around the clock and away from their own families, were among those hit hardest.
"Even though we are police officers, we have feelings," Black said, reiterating that many within the Crystal Lake Police Department also have children. "As police officers, we expect that adult humans are going to do bad things to one another. It’s hard to understand why a parent or parents would kill their 5-year-old innocent child, though. I think that is something that will be carved in our minds forever."
Murder Charges Filed
On April 25, both Cunningham and Freund appeared in bond court in McHenry County after first-degree murder were filed in connection with their son's death. Their bond was set at $5 million.
And as police and prosecutors began their next steps in the process of fighting for justice for the 5-year-old boy, the national media blew up. While child deaths at the hands of their parents are not unheard of, AJ's case apparently struck a chord with many.
The child's smiling face showed up in news articles and reports across the United States as well as locally. The boy, who would've started kindergarten this past year in Crystal Lake, was mourned by those close to him as well as by many more strangers.
His public visitation on May 3, 2019, drew thousands to Davenport Funeral Home, 419 E. Terra Cotta Ave. in Crystal Lake. A line of mourners waited their turn outside to pay their respects. Inside the funeral home, floral arrangements were sent from families throughout the country.
The Chicago Cubs even sent a large arrangement for AJ. Balloons, Paw Patrol figurines and an oversized stuffed bear were on display throughout Davenport Funeral Home.
Comfort dogs were on hand, and an honor guard stood next to AJ's small wooden casket.
"Based on the names entered in the guest book for AJ on Friday, we estimated close to 5,000 people (came to AJ's visitation)," Jennifer Valentine of Davenport Funeral Home said in a statement in the days following the visitation. "In such a heartbreaking situation, it was heartwarming to see the outpour of support from the community and neighboring communities."
Around Crystal Lake that day, signs of the impact AJ's death had on the community could be found everywhere. Blue ribbons hung on trees in AJ's memory — and could be spotted around Crystal Lake and McHenry County months later — and everywhere you went, you heard people discussing the situation as many tried to make sense of it.
The Months After: More Details Released, DCFS Prodded
In the months following AJ's death, more details have been released regarding past allegations of abuse within AJ's home at 94 Dole Ave. Perhaps most disturbing to many is the length of time and number of complaints made over the years, activists and lawmakers calling for change have noted in the past year.
The Illinois Department of Children and Family Services had contact with AJ shortly after he was born on Oct. 14, 2013. At that time, Cunningham and her newborn tested positive for opiates and benzodiazepines, and the state welfare agency removed AJ from his mother's care during the investigation, according to DCFS.
A month later, DCFS took protective custody of Andrew and was granted temporary custody of the infant in juvenile court. The Youth Service Bureau of Illinois was assigned to provide services to Cunningham and Andrew Freund Sr. while AJ remained in foster care with a relative for the next 18 months.
During that time, AJ's parents took parenting classes and went through a drug treatment program. Before AJ turned 2, in June 2015, he was returned to his parents.
Between June 2015 and April 2016, Youth Services Bureau workers made 26 unannounced visits to 94 Dole Ave. and did not observe any signs of abuse or neglect, according to a timeline released by DCFS in the weeks following AJ's death.
In April 2016, DCFS closed its juvenile court case for Andrew Freund, and the family went nearly two years without any interactions with DCFS.
But on March 21, 2018, about a year prior to AJ's death, DCFS received a hotline report. The caller alleged a substantial risk of physical injury for the children at 94 Dole Ave. Cunningham, according to the report, was brought to the emergency room after being found unresponsive in a car. AJ reportedly had "odd bruising" on his face, according to DCFS.
DCFS visited the home and found both AJ and his younger brother to be clean and in good health. The home also appeared to be clean, and investigators learned Cunningham was taking part in a drug treatment program.
They marked the March 2018 report as unfounded and closed the case.
Later that year, on Dec. 18, 2018, DCFS received a hotline report regarding environmental neglect for both AJ and his younger brother, Parker.
According to the report, Andrew had bruises, welts and cuts. Police were called to the home and saw a large bruise on Andrew's hip. Police also reported the ceiling was falling down, the floor was torn up, and that they noticed the smell of urine in the children's bedroom.
Cunningham was arrested for driving on a suspended driver's license, and both children were taken into protective custody. A DCFS investigator interviewed both boys at the police department. AJ's younger brother would not talk with police. He appeared to be healthy and well-cared for, according to DCFS. Andrew was interviewed and reported he received the bruise when the family's dog pawed him.
A DCFS investigator spoke with Cunningham, and she said they were remodeling the home and admitted the residence did smell like dog feces and urine. Andrew Freund Sr. posted bond for Cunningham on the charge of driving while license suspended, and she was released from custody.
That same day, a physician at the emergency room examined Andrew and could not determine how his bruise was caused. The doctor reported the injury could have been caused by a dog, a belt or a football.
During the examination, Andrew told the doctor, "Maybe someone hit me with a belt. Maybe mommy didn't mean to hurt me."
The next day, a DCFS investigator conducted an unannounced home visit.
The living room and dining room were cluttered with clothes and toys. The kitchen was clean and the floor was missing tile, according to the DCFS report. DCFS also noted the ceiling was not falling and an investigator noticed a slight odor of dog urine, but no feces or urine was observed on the floor.
On Dec. 20, 2018, the DCFS investigator spoke to a past investigator for the family regarding her case and findings. A couple weeks later, DCFS determined the report was unfounded due to lack of evidence regarding the original allegations of cuts, welt and bruises on AJ.
The next time DCFS was called was on April 18, the day Andrew was reported missing.
But prior to AJ's birth, his older brother, who is now an adult and told Patch in recent months that he started college this past fall, fell victim to Freund's and Cunningham's neglecful behavior, according to court records.
At the time, Cunningham had just begun living at 94 Dole Ave. in Crystal Lake with Andrew Freund, a former lawyer. Freund had represented Cunningham in her pending divorce case, according to court records. The 2013 petition filed in McHenry County claims Cunningham was getting pills for Freund as a way to pay her legal fees.
The child witnessed the couple under the influence of drugs, violent acts between the duo and was not fed regular meals, according to the court documents. The house was often in disrepair, with dog feces on the floor, and Freund and Cunningham would go out often, leaving the child at home, including a time when he had a fever and was vomiting, the documents state.
"Upon information and belief, the child was sent to school daily with no food and no money to purchase a lunch," according to court documents. "Often there was no food in the residence and the child had only marshmallows and water to eat."
The child also saw Freund shove Cunningham, Cunningham punch Freund and witnessed Cunningham pulling out a knife and threatening Frend and Freund pushing Cunningham down the stairs, according to the court documents filed in 2013. In other disturbing exchanges, Freund would dress up in an army uniform and walk around the home with a gun in his hand, according to a grandmother's 2013 court petition for custody.
The fights, the child said, frightened him and made him fear his mom would be seriously injured, according to court documents.
During another instance in the summer of 2012, Cunningham made her son, who is now over 18 years old, stay in her bedroom, telling him it was a "safe room" and if they left the room, the neighbors would kill them. The child told his grandma, who began having the child stay at her home more. He refused to live with Cunningham and if was required to, would run away, court documents said.
During her son's time away from his mom, Cunningham told the child that if he does not return to 94 Dole Ave., she will kill herself, according to the petition.
"Requiring the child to return to said residence would put the child in serious danger of physical, emotional and mental harm," the petition said. The court agreed and granted the grandmother custody of the child.
More Action Needed In Families That 'Are Broken'
In her annual report to Gov. J.B. Pritzker, acting Illinois Department of Children and Family Services Inspector General Meryl Paniak wrote AJ Freund's case showed DCFS needed to provide more support for families and to "act decisively" to help children in families that "are broken," the Daily Herald reported.
She added that in the AJ case, as well as prior child death cases, DCFS ignored the family's overall history, and, in particular in AJ's case, overlooked the "parents' long history of addiction, the mother's recent relapse, and the parents' isolation of the children from caring relatives and day care providers."
Paniak also wrote in her annual report that AJ's death was comparable to the 1993 murder of 3-year-old Joseph Wallace, which lead to the creation of the DCFS inspector general's office, according to the Daily Herald. In 2019, the inspector general's office investigated 123 child death and 24 of those children were murdered.
The inspector general investigations are required if the child who died had DCFS contact in the past 12 months, DCFS officials said.
Paniak's report, which was released earlier this year, calls for several changes, including quicker and better communication between caseworkers and supervisors involving intact family services cases, such as AJ's case, and calls on the state to invest in the help to make sure caseworkers and supervisors aren't overload with cases.
In February, Rep. Tom Weber, R-Lake Villa, filed the AJ Freund Act —House Bill 5281. Under the act, any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person would not be shared immediately, instead of just being refered to, with the appropriate local law enforcement agency. And once that report is filed, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report, according to House Bill 5281.
Weber noted during a February press conference announcing the bill that AJ was one of 123 children "who were failed by DCFS in 2019." That is the number of children who'd had contact with DCFS in recent months and later died.
"It makes me sick to my stomach to think about and I'm not alone in that feeling. We must change the course of a broken DCFS and that's why I've filed the AJ Freund Act to give local law enforcement the ability to investigate any allegation of child abuse or neglect," he said. "If local law enforcement had this investigative ability in December of 2018, when AJ told the ER doctor that his bruises might have been caused by his mother, he may still be alive today."
In addition, House Bill 4886, which would create a McHenry County-run DCFS, was introduced by members of the House Republican caucus and filed by Reb. Steven Reick, R-Woodstock. Referred to as AJ's Law, the pilot program would establish a county children and family services agency in McHenry County for a five-year period, which would replace the operations of the Department of Children and Family Services within the county.
DCFS's Response Following AJ's Death
On the day AJ was initially reported missing, DCFS caseworkers went into the Dole Avenue home and found ripped floors, food lying around and clothes and garbage everywhere, according to the DCFS report. A DCFS investigator spoke with police and took AJ's 4-year-old brother into protective custody. AJ's younger brother was initially placed with a licensed foster parent and is now staying with a relative.
"The younger brother was examined by a medical professional, appeared healthy and showed no obvious visible signs of abuse or neglect," according to DCFS.
When authorities recovered AJ's body days later, they searched the Dole Avenue home and found mouse excrement on the floor of AJ's room and throughout the house, according to police reports. Inside the room was an unkempt converted crib/toddler bed, which was AJ's bed, and there were mouse droppings in the bed sheets.
There was a sliding lock and chain on the outside of the door, which Freund told police was used to lock him inside his room.
The rest of the house was very "messy and cluttered." Half of the kitchen flooring was missing, exposing the bare floorboard underneath, according to police reports.
Murder Case: Cunningham Pleads Guilty
Cunningham has since pleaded guilty to murder and is expected to be sentenced in June. Freund will appear for a status hearing in June. If Cunningham's case would've went to trial, a bank employee, who noticed bruising on AJ during three different occasions in the spring of 2018, and doctors who also noticed bruising on AJ, could've been called on to testify.
In addition, testimony from the Crystal Lake Police Department regarding videos obtained through several subpoena requests and found on Cunningham's phone or in her iCloud account could've come out during a trial, according to court records.
One video taken on March 4, 2018, showed AJ holding an ice pack over his face that, when he removed it, showed he had severely swollen eyes that were bruised. There were also wounds and bruises on his arms and wrists, according to the court documents. Cunningham can be heard berating AJ for soiling his mattress.
In a March 27 video, AJ is seen with visible cuts and bruises on his face. Cunningham corners him in a bathroom apparently concerned over AJ getting her "in trouble with someone," according to the court documents. She then pushes him against the wall while demanding he tell her who he is going to get in trouble with, until AJ chokes for air, according to court documents. The 5-year-old boy then says he loves his family and Cunningham tells him "he doesn't show it."
"Cunningham then positions her face inches from AJ's, asking him if she, [AJ's brother] or Defendant Freund 'do evil in this house,' To which AJ responds, 'no, just me.'"
Progress Made: State's Attorney Steps Forward Happening
But AJ's story did not end with his death. Since then, progress has been made. Some of the legislation introduced, including AJ's Law, are a couple examples of steps forward that could lead to a permanent impact if passed.
But other steps, including actions taken within the DCFS office in McHenry County in recent months, show progress that has happened and changed the way child abuse cases are being handled at a local level, McHenry County State's Attorney Patrick Kenneally told the Daily Herald.
On Oct. 22, 2019, Keneally sent a letter urging lawmakers to allow communities, and not the state, to lead DCFS, and stressed many of the issues within the McHenry Office, which had two supervisors overseeing five staff members at the time, had gotten worse.
"The root of the problems ... remain the same — a lack of accountability for inadequate performance," his letter said.
Since then, DCFS added a supervisor charged with leading a local team of investigators, which has lead to "a lot more referrals" to McHenry County prosecutors, according to the Daily Herald. The state's attorney's office has added an experienced prosecutor who is focused on child abuse and neglect cases, leading to a lot more cases being heard that hadn't been before and additional hearings on whether children should be removed from homes, Kenneally told the newspaper.
Local Activists Roar For AJ
There was a public outcry following AJ's death, which is not uncommon following a tragedy that shakes a community and rattles residents' sense of well-being regarding systems set up to protect them — and especially, to protect the children of their community. Also common, that noise has since dulled.
In the months following AJ's death, a GoFundMe set up to help pay for his funeral had an initial goal of $2,500 but has brought in more than $75,000. After Davenport Funeral Home and several other area businesses offered to donated services to cover the cost of AJ's funeral, the money from the GoFundMe was designated to go to AJ's three siblings: his older brother, his younger brother and a newborn sister Cunningham gave birth to last May while in custody at the McHenry County Jail.
The majority of the money was donated within the first three months after AJ's death. Since that time, donations have trickled off.
One local group started in the months after AJ's death is continuing to keep the noise cranked up in an effort to shine a light on DCFS procedures and keep AJ's memory alive.
The ROAR For AJ Facebook group has 713 members online. The group, led by McHenry County resident Tracy Kotzman, has held peaceful protests outside the McHenry County courthouse. The Facebook group aims to share ideas and resources "that will inspire and help others to know what we can do to help make an impact," according to the Facebook page, while continuing to keep pressure on DCFS and the judicial system with the homes of invoking change.
The Facebook group's mission statement reads: "We can’t save AJ but maybe together we can help to save other children that may be currently lost in the system. AJ’s voice went unheard and then was permanently silenced by the hands of his parents. Let’s stand up together and ROAR for AJ."
The group was created for those committed to having an impact on the judicial system's handling of DCFS procedures, while also pushing for justice to be served nearly two months after AJ was found dead in a rural area of Woodstock. According to a post by Kotzman on the ROAR for AJ Facebook page, the Tuesday event was aimed at "putting pressure on the judicial system to be sure Justice is served for AJ."
"Slowly but surely we are growing, and our voices are getting out there," Kotzman told Patch, adding that demonstrations like the one Tuesday were another way for the community to get involved.
Kotzman told Patch in June that holding demonstrations is a way to be seen, and she hopes the demonstrations her group was spearheading would let those within the judicial system and lawmakers know community members are watching.
"Sunlight is the best disinfectant," Kotzman told Patch in the interview last June, quoting former associate justice of the U.S. Supreme Court, Louis Dembitz Brandeis.
In addition to protesting, ROAR members have written letters to elected officials and have shared information to help others do the same. Kotzman encourages people who are committed to making a difference to actively participate in seeing that AJ gets justice, according to a post on the Facebook group.
When Patch reached out to Kotzman this past week, she shared photos of some of the "awareness rocks" she's encouraging residents to paint and leave throughout town.
Kotzman is asking others to paint rocks to commemorate AJ and Child Abuse Awareness Month, which is recognized in April. Anyone who spots a rock around town is encouraged to relocate it to another prominent location as a way to spread the word regarding issues surrounding the state's child welfare system, according to a post on the ROAR for AJ Facebook page.
The group is also asking people to tie a blue ribbon to a tree or lamp post in their neighborhoods. On Tuesday, no blue ribbons could be spotted in the neighborhood around AJ's former home — an area where ribbons could be easily visible by passers by in the months following the young boy's death.
Earlier in the week, Kotzman drove past the site of AJ's former home, which has since been torn down.
"I left an awareness rock at the base of the tree with a heart and his initials on the side it says 'forever five.' I started thinking forever 5 and remembering back when I was 5 without a care in the world, never did I go hungry, never did I ever have a doubt that I was safe and loved. No child should have to endure so much pain," she wrote on the ROAR for AJ Facebook page. "They should only know love and light, it (breaks) my heart."
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