AJ Freund's Father Found Mentally Fit To Stand Trial: Report

WOODSTOCK, IL — Andrew Freund, the father of a slain Crystal Lake boy, is mentally fit to stand trial for murder in the April death of his 5-year-old son, AJ, the Daily Herald reports, citing a court-ordered psychological assessment. The report on Freund, 60, was requested by court-appointed special public defender Henry Sugden, who according to the Daily Herald, said Tuesday after a court hearing that the examiner found Freund mentally competent to stand trial.

According to state law, a person is fit to stand trial if he or she can understand the nature of the charges and assist in a legal defense.

The news report said Sugden requested the exam in May for "concerns regarding the defendant's current psychological ability to recall and assist in his defense."

Related:

• Cunningham Berated, Beat AJ After He Wet the Bed: Warrant
• Police Release Initial Report in AJ Freund Case
• AJ Freund Died Three Days Before He Was Reported Missing: Report

Authorities believe AJ died April 15, three days before he was reported missing, according to court documents. His mother, JoAnn Cunningham, 36, and Freund are charged with his murder and are accused of forcing their son to stay in a cold shower for an extended period and beating him, which lead to the young boy's death.

Andrew Freund is accused of burying his son in a shallow grave near Woodstock, Illinois, where they boy's body was later recovered. The five-year-old died of severe head trauma, authorities said.

Both Freund and Cunningham remain in custody at the McHenry County Jail on a $5 million bail. Both have pleaded not guilty to charges of murder, aggravated battery of a child, concealing a homicidal death and reckless conduct.

Meanwhile, as the prosecution and defense prepare for trial, both sides have submitted a list of witnesses they could call, according to court records. Among those listed include several Crystal Lake Police Department officers and FBI agents. Cunningham could be called to testify against Freund and Freund could take the stand against Cunningham, according to court documents. Several local residents and an employee of the Child Advocacy Center in Woodstock are included on the list, and a minor, presumably AJ's younger brother, could also be called as a witness.

The courts are also waiting on test results to determine the paternity of a baby recently born to Cunningham, according to the Daily Herald. The baby girl was most recently listed in DCFS custody. Speculation has circulated over social media regarding the identity of the girl's father.

Court records show a 36-year-old man, who is also listed as a potential witness, was living at 94 Dole Avenue in December 2018 when he was arrested for aggravated battery for kicking a nurse in the stomach while she was performing her official duties, according to court records. It's unclear if he was living at the home at the time of AJ's death.

That man was sentenced to two years of probation May 22, but probation was revoked June 11 after the man failed to take his prescribed medications. Joann Cunningham gave birth to her daughter May 31.

Both Cunningham and Freund are due in court Aug. 12 to determine custody of the newborn and decide on where AJ's 3-year-old brother should be placed, according to the Daily Herald.

• AJ Freund's Mother Gives Birth In Jail

Another matter working its way through the courts is a motion requiring both Freund and Cunningham to submit fingerprints and hair samples. During AJ's autopsy, a hair was recovered from his body that did not appear to belong to him, according to the court records. If the motion is granted, the Crystal Lake Police Department plans to submit hair from Freund and Cunningham to the state police crime lab and the FBI lab for forensic analysis. Lab technicians will compare their hairs to the hair found on AJ's body.

The Crystal Lake Police Department also plans to submit several items seized from the Freund home for fingerprint analysis, according to the motion.

Prosecutors have submitted the McHenry County Coroner's report for AJ Freund, including photos, but those records have been sealed, according to the Daily Herald.

Freund is next expected in court on the criminal charges Aug. 28 for a status hearing, and Cunningham should appear for a status hearing Aug. 29.

Patch will update this piece as news comes in.

Amie Schaenzer also contributed to this report.