New Details Released Following Cunningham's Guilty Plea

McHENRY COUNTY, IL — JoAnn Cunningham's guilty plea Thursday in the beating death of her 5-year-old son came after prosecutors presented evidence implicating her in the crime and several other incidents of "child abuse, torment and callous neglect" in the months and years prior to AJ's death, according to court documents filed Thursday by the McHenry County State's Attorney's Office.

The report also provides more details regarding the evening of April 14, when the 36-year-old Crystal Lake mother put her son in a cold shower as punishment for hiding soiled underwear.

McHenry County Coroner's Office forensic pathologist Mark Witek, who could have testified had the case gone to trial, said the head trauma that caused AJ's death "was consistent with child abuse," according to State's Attorney Patrick Kenneally's 11-page document filed Thursday.

Police interviews with AJ's father, Andrew Freund, 60, were detailed in the report. He told authorities that on the evening of April 14, AJ was placed in a cold shower for 20 minutes as punishment over lying about the soiled underwear, according to court documents. During that time, Cunningham took the spray nozzle of the showerhead and placed it "right in his face," which led to AJ sometimes lose his balance and fall in the tub.

"I don't remember it being as bad as other nights where it was, ya know, just pure physical punishment, hitting," Freund, a former lawyer, told police. Freund said he had spanked AJ in the past but denied engaging in any other forms of physical abuse, according to the report.

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During AJ's autopsy, Witek found patterned and circular bruises on his forehead that could have come from the detachable shower head, according to court documents. The coroner's office report also concluded that AJ did not die of hypothermia or from a fall.

On Thursday, Cunningham entered a blind plea to one count of first-degree murder. Cunningham sat quietly during the hearing; when asked by Judge Robert Wilbrandt if she had anything to say, she replied, "Nothing at this time, your honor." All additional charges in the case, including battery charges implicating Cunningham in past incidents of child abuse, were dropped, according to officials and court documents.

• Read Indictments for JoAnn Cunningham, Andrew Freund

Cunningham now faces between 20 to 60 years in prison and is not eligible for parole.

Kenneally said his office has been working for months to resolve the case. He said there is no agreement in place between the defense and prosecutors regarding Cunningham's sentence and added it's "too early to say" if Cunningham would be called on to testify against Freund.

Meanwhile, Freund is next expected in court Dec. 13 for a status hearing regarding a subpoena request. Earlier this year, Cunningham and Freund pleaded not guilty to charges of first-degree murder, aggravated battery of a child, concealment a homicidal death, failure to report a death, aggravated domestic battery, reckless conduct and causing a child to be endangered.

Cunningham's surprise guilty plea came just months after she spoke with CBS reporter Brad Edwards and maintained her innocence. Edwards' interviews with Cunningham, which included phone calls between Cunningham who was behind bars at the time, aired on Sept. 26.

Patch.com sent a formal request to interview Cunningham in September, but she denied that request.

The state's attorney's office document filed Thursday also shed more light on the police interviews with Andrew Freund. AJ was initially reported missing by Freund on April 18 — which was three days after he died during the early morning hours of April 15, according to the court document.

In the interview with police, Freund told police Cunningham came to him at about 3 a.m. on April 15 after she found AJ was not breathing. They searched the internet on his phone for "child CPR." That internet search is what lead Crystal Lake police to crack the case and to Freund's confession on April 24, according to the report.

He told JoAnn "he would handle it," according to the court documents. He put AJ's body in a large plastic tote, which he drove out to a rural area outside of Woodstock two days later and buried in a shallow grave.

When authorities searched the Dole Avenue home following AJ's death, they found mouse excrement on the floor of his room and throughout the house. 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 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.

• Police Release Initial Report In AJ Freund Case

The court document filed Thursday also lists some of the witnesses the prosecution could have called to testify if Cunningham's case had gone to trial. They included 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.

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, Kenneally noted in the report. One video taken on March 4 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.'"

The AJ Freund case garnered national attention after the young boy, who would've started kindergarten in Crystal Lake this past fall, was first reported missing and was then found dead days later. Blue ribbons, which were hung following AJ's death, can still be spotted in McHenry County and around the trees surrounding his Crystal Lake neighborhood and outside his former home at 94 Dole Ave.

In May, thousands stopped out to pay their respects to AJ during a public visitation held at Davenport Funeral Home in Crystal Lake.

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• Thousands Say Goodbye to AJ at Public Visitation
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In the months following his death, Patch.com has detailed the encounters AJ's parents had with DCFS during his short life. AJ was placed in foster care with a relative after he was born with opiates and benzodiazepines in his system. After 18 months, AJ was returned to his parents care and the Department of Children and Family Services made 26 visits to the home, where they reported no signs of abuse or neglect.

The family went almost two years without any contact with DCFS until calls started coming in again in March 2018 regarding "odd bruising" on AJ's face and dog feces on the floor at the home. AJ made the comment to a doctor examining him in December 2018 regarding "mommy not wanting to hurt me."

The problems at 94 Dole Ave. were not new. Before AJ was born, his older brother, who is now 18 years old, lived in squalor and witnessed violent acts between Andrew Freund Sr. and Joann Cunningham. In 2012, Cunningham's mother filed for custody of the child after JoAnn dropped him off with her in August 2012. Andrew Freund Sr. and JoAnn Cunningham reportedly met around that same time when Andrew Freund Sr. represented during Cunningham's divorce and Cunningham moved into his home on Dole Avenue in Crystal Lake.

• Court Records Show History Of Neglect, Drugs For Freund's Parents
• Police Reports Provide Glimpse Into Missing Boy's Home Life

Around the same time of the new DCFS reports, AJ’s extended family says Cunningham cut off contact with them. In a May statement provided to Patch, AJ’s family said Freund and Cunningham “prevented” them from having any further contact with AJ.

“(We) want everyone to know that AJ was loved by us with all our hearts,” according to the statement. AJ was a “smart little boy” who loved having books read to him, doing puzzles, Thomas the Train, and playing with his fire trucks. Like other young boys, he also enjoyed bulldozers, cement mixers and Teenage Mutant Ninja Turtles. "He was very curious and always wanted to learn about everything,” according to his family.

“He was, and will always be, our loving and caring little boy,” AJ’s family said. “His life shall not be in vain. AJ will always be our little superhero.”

The problems at 94 Dole Ave. were not new. Before AJ was born, his older brother, who is now 18 years old, lived in squalor and witnessed violent acts between Andrew Freund Sr. and Joann Cunningham, authorities said.

In 2012, Cunningham's mother filed for custody of the child after JoAnn dropped him off with her in August 2012. Andrew Freund Sr. and JoAnn Cunningham reportedly met around that same time when Andrew Freund Sr., a lawyer, represented Cunningham during her divorce and Cunningham moved into his home on Dole Avenue in Crystal Lake.

The case prompted many officials to call on DCFS to enact new policies. Kenneally said it's too early to say if any true change will happen.

"I think that's going to be a longer road to hoe," he said.

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