GUILTY IL - Andrew Freund, 5, Crystal Lake, 17 April 2019 *ARRESTS* *mother guilty* #6

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Friday, Oct. 13th:
*Bench Trial continues for both (Day 6)-CLOSING ARGUMENTS! (@ 9:30am CT) – IL – Andrew “AJ” Freund, Jr. (5) (reported missing April 17, 2018, Crystal Lake; found buried in shallow grave on April 24, 2019, near Woodstock) – *Carlos J. Acosta (54/now 57) arrested, charged & indicted (9/10/20) & arraigned (9/24/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. $20K bond (bonded out 9/10/20). Plead not guilty. Balance due: $2K bond.
*Andrew R. Polovin (48/now 51) arrested, charged & indicted (9/10/20) & arraigned (9/17/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. Plead not guilty. $20K bond. (bonded out 9/11/20).
Bench Trial began on 9/11/23. Continued on 9/12, 9/13, 9/14, 9/15 & 9/18/23. Prosecutors rested their case on 9/14/23. Defense began their case on 9/15/23 & ended on 9/15/23 without calling any witnesses. Closing arguments on 10/13/23.
Lake County Judge George Strickland.
Prosecutor McHenry County State's Attorney Patrick Kenneally.
Defense attorneys: Acosta's attorney Jamie Wombacher & Polovin's attorney Matthew McQuaid.
Case & Court info from 9/10/20 thru 7/27/23 & Trial Day 1-5 (9/11-9/15/23) reference post #18 here:
https://www.websleuths.com/forums/t...17-april-2019-arrests-mother-guilty-6.690367/
9/19/23 Tuesday, Bench Trial: The judge handling the bench trial said he would like to have closing arguments sometime during the first two weeks of October. Since it is a bench trial, it will be a judge instead of a jury determining the verdict. Both sides are due back in court on Tuesday, 9/19/23 to discuss scheduling of closing arguments. It is unclear how soon the judge could rule after hearing closing arguments. Trial will continue on 10/13/23 for closing arguments.
9/25/23: Both: Order. 9/26/23: Certificate-mailing by Clerk. 9/29/23: Notice-filing. Exhibits-Standalone. 10/6/23: Acosta: Response & Notice-filing.
*JoAnn D. Cunningham (35/38 when sentenced/now 40) – 12/5/19: Plead guilty. Sentenced on 7/17/20 to 35 years in prison. Post conviction petition hearing on 6/1/22. Post conviction petition denied/dismissed.
*Andrew T. Freund, Sr. (60/63 when sentenced/now 65) – 9/18/20: Plead guilty. Sentenced on 9/18/20 to 30 years in prison. Will help prosecutors with case against welfare workers. On Jan. 21, the ARDC announced Andrew T. Freund, licensed as an attorney since 1984, had been disbarred after being convicted last year of involuntary manslaughter, aggravated battery of a child & concealment of a homicidal death.
 
for Acosta - I am going to assume Acosta was found guilty as he has a sentencing date coming up. Polovin's was found not guilty & his case is closed.

Previous Court Events
Date Room Event Type/Result Result Judge
10/13/2023 204 TRIAL - BENCH CONTINUED - COURTS MOTION STRICKLAND

10/13/2023 204 TRIAL - BENCH ORDERED - PRESENTENCE INVESTIGATION REPORT STRICKLAND

10/13/2023 204 TRIAL - BENCH HELD - BENCH TRIAL STRICKLAND


Future Court Events
Date Time Room Event Type Judge
12/13/2023 9:00 AM 365 STATUS - SENTENCE STRICKLAND

link: 2020CF000703 - Public Case Access



for Polovin:

Previous Court Events
Date Room Event Type/Result Result Judge
10/13/2023 204 TRIAL - BENCH ** FOUND - NOT GUILTY STRICKLAND

10/13/2023 204 TRIAL - BENCH HELD - BENCH TRIAL STRICKLAND


Count 1 - Indictment Count 4
720-5/12C-5(A)(1)
Chg Dt: 12/18/2018 CAUSE CHILD ENDANGERED/DEATH
STATE-ACTUAL-ORIGINAL CLASS 3 FELONY Disp: 10/13/2023
FOUND - NOT GUILTY / BENCH TRIAL

Count 2 - Indictment Count 5
720-5/12C-5(A)(2)
Chg Dt: 12/18/2018 CIRCUMSTANCE ENDANGER/DEATH
STATE-ACTUAL-ORIGINAL CLASS 3 FELONY Disp: 10/13/2023
FOUND - NOT GUILTY / BENCH TRIAL

Count 3 - Indictment Count 6
720-5/12-5(A)(2)
Chg Dt: 12/18/2018 RECK CONDUCT/GREAT BODILY HARM
STATE-ACTUAL-ORIGINAL CLASS 4 FELONY Disp: 10/13/2023
DISMISSED - COURT`S MOTION / BENCH TRIAL


Case Number Title Type
2020CF000704 PEOPLE VS. POLOVIN, ANDREW R CRIMINAL FELONY/SHERIFF INDICTMENT-MCH COUNTY
Filed Status
09/10/2020 CLOSED/10/13/2023

link: POLOVIN, ANDREW -- Search Results - Public Case Access
 
Niner said:
for Acosta - I am going to assume Acosta was found guilty as he has a sentencing date coming up. Polovin's was found not guilty & his case is closed.

Previous Court Events
Date Room Event Type/Result Result Judge
10/13/2023 204 TRIAL - BENCH CONTINUED - COURTS MOTION STRICKLAND

10/13/2023 204 TRIAL - BENCH ORDERED - PRESENTENCE INVESTIGATION REPORT STRICKLAND

10/13/2023 204 TRIAL - BENCH HELD - BENCH TRIAL STRICKLAND


Future Court Events
Date Time Room Event Type Judge
12/13/2023 9:00 AM 365 STATUS - SENTENCE STRICKLAND

link: 2020CF000703 - Public Case Access



for Polovin:

Previous Court Events
Date Room Event Type/Result Result Judge
10/13/2023 204 TRIAL - BENCH ** FOUND - NOT GUILTY STRICKLAND

10/13/2023 204 TRIAL - BENCH HELD - BENCH TRIAL STRICKLAND


Count 1 - Indictment Count 4
720-5/12C-5(A)(1)
Chg Dt: 12/18/2018 CAUSE CHILD ENDANGERED/DEATH
STATE-ACTUAL-ORIGINAL CLASS 3 FELONY Disp: 10/13/2023
FOUND - NOT GUILTY / BENCH TRIAL

Count 2 - Indictment Count 5
720-5/12C-5(A)(2)
Chg Dt: 12/18/2018 CIRCUMSTANCE ENDANGER/DEATH
STATE-ACTUAL-ORIGINAL CLASS 3 FELONY Disp: 10/13/2023
FOUND - NOT GUILTY / BENCH TRIAL

Count 3 - Indictment Count 6
720-5/12-5(A)(2)
Chg Dt: 12/18/2018 RECK CONDUCT/GREAT BODILY HARM
STATE-ACTUAL-ORIGINAL CLASS 4 FELONY Disp: 10/13/2023
DISMISSED - COURT`S MOTION / BENCH TRIAL


Case Number Title Type
2020CF000704 PEOPLE VS. POLOVIN, ANDREW R CRIMINAL FELONY/SHERIFF INDICTMENT-MCH COUNTY
Filed Status
09/10/2020 CLOSED/10/13/2023

link: POLOVIN, ANDREW -- Search Results - Public Case Access
Click to expand...
Thanks for the info. I'm surprised Polovin was found not guilty. He was the supervisor.

JMO
 
Wednesday, Dec. 13th:
*Sentencing Hearing (Acosta only) (@ 9am CT) – IL – Andrew “AJ” Freund, Jr. (5) (reported missing April 17, 2018, Crystal Lake; found buried in shallow grave on April 24, 2019, near Woodstock) – *Carlos J. Acosta (54/now 57) arrested, charged & indicted (9/10/20) & arraigned (9/24/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. $20K bond (bonded out 9/10/20). Plead not guilty. Balance due: $2K bond.
*Andrew R. Polovin (48/now 51) arrested, charged & indicted (9/10/20) & arraigned (9/17/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. Plead not guilty. $20K bond. (bonded out 9/11/20).
Bench Trial began on 9/11/23. Continued on 9/12, 9/13, 9/14, 9/15 & 9/18/23. Prosecutors rested their case on 9/14/23. Defense began their case on 9/15/23 & ended on 9/15/23 without calling any witnesses. Closing arguments on 10/13/23.
Lake County Judge George Strickland.
Prosecutor McHenry County State's Attorney Patrick Kenneally.
Defense attorneys: Acosta's attorney Jamie Wombacher & Polovin's attorney Matthew McQuaid.
Case & Court info from 9/10/20 thru 7/27/23 & Trial Day 1-5 (9/11-9/15/23) & 9/19/23 reference post #21 here:
https://www.websleuths.com/forums/t...il-2019-arrests-mother-guilty-6.690367/page-2
10/13/23 Friday, Bench Trial Day 6: Closing arguments. Trial will continue on Monday, 10/16/23 with verdict from Judge.
9/25/23: Both: Order. 9/26/23: Certificate-mailing by Clerk. 9/29/23: Notice-filing. Exhibits-Standalone. 10/6/23: Acosta: Response & Notice-filing.
10/13/23 Update: Polovin was found not guilty by Judge Strickland. Case is closed. Acosta was found guilty of count 1 & 2 & count 3 was dismissed by Court's motion. Sentencing hearing on 12/13/23 @ 9am.
*JoAnn D. Cunningham (35/38 when sentenced/now 40) – 12/5/19: Plead guilty. Sentenced on 7/17/20 to 35 years in prison. Post conviction petition hearing on 6/1/22. Post conviction petition denied/dismissed.
*Andrew T. Freund, Sr. (60/63 when sentenced/now 65) – 9/18/20: Plead guilty. Sentenced on 9/18/20 to 30 years in prison. Will help prosecutors with case against welfare workers. On Jan. 21, the ARDC announced Andrew T. Freund, licensed as an attorney since 1984, had been disbarred after being convicted last year of involuntary manslaughter, aggravated battery of a child & concealment of a homicidal death.
 
Carlos Acosta, 57, a former Illinois Department of Children and Family Services worker was convicted in October for mishandling an abuse investigation leading to the 2019 death of 5-year-old AJ Freund of Crystal Lake.

Acosta was found guilty of endangering the child’s life and faces a prison sentence of 5 to 10 years after the child was allowed to stay with his family despite evidence of injury, domestic violence, and mental illness. Additionally there was indication the child's mom was injecting heroin.

The Northwest Herald reports that Acosta says he wants another trial. He’s claiming it wasn't fair, citing the admission of irrelevant documents and hearsay, improper testimony from state experts and prejudicial evidence including videos he says were not relevant to his investigation.

The next court day is set for Feb. 13, 2024.
www.audacy.com

Former DCFS worker seeking new trial after conviction in connection to 5-year-old’s death

A former state child welfare worker wants a new trial following his conviction in connection with the 2019 beating death of a 5-year-old suburban boy by his mother.
www.audacy.com www.audacy.com
 
imstilla.grandma said:
Carlos Acosta, 57, a former Illinois Department of Children and Family Services worker was convicted in October for mishandling an abuse investigation leading to the 2019 death of 5-year-old AJ Freund of Crystal Lake.

Acosta was found guilty of endangering the child’s life and faces a prison sentence of 5 to 10 years after the child was allowed to stay with his family despite evidence of injury, domestic violence, and mental illness. Additionally there was indication the child's mom was injecting heroin.

The Northwest Herald reports that Acosta says he wants another trial. He’s claiming it wasn't fair, citing the admission of irrelevant documents and hearsay, improper testimony from state experts and prejudicial evidence including videos he says were not relevant to his investigation.

The next court day is set for Feb. 13, 2024.
www.audacy.com

Former DCFS worker seeking new trial after conviction in connection to 5-year-old’s death

A former state child welfare worker wants a new trial following his conviction in connection with the 2019 beating death of a 5-year-old suburban boy by his mother.
www.audacy.com www.audacy.com
Click to expand...
To me, the case is obvious, IMO, the caseworker catastrophically failed to protect this innocent child.

But where does legal responsibility start and end?

JMO
 
imstilla.grandma said:
Carlos Acosta, 57, a former Illinois Department of Children and Family Services worker was convicted in October for mishandling an abuse investigation leading to the 2019 death of 5-year-old AJ Freund of Crystal Lake.

Acosta was found guilty of endangering the child’s life and faces a prison sentence of 5 to 10 years after the child was allowed to stay with his family despite evidence of injury, domestic violence, and mental illness. Additionally there was indication the child's mom was injecting heroin.

The Northwest Herald reports that Acosta says he wants another trial. He’s claiming it wasn't fair, citing the admission of irrelevant documents and hearsay, improper testimony from state experts and prejudicial evidence including videos he says were not relevant to his investigation.

The next court day is set for Feb. 13, 2024.
www.audacy.com

Former DCFS worker seeking new trial after conviction in connection to 5-year-old’s death

A former state child welfare worker wants a new trial following his conviction in connection with the 2019 beating death of a 5-year-old suburban boy by his mother.
www.audacy.com www.audacy.com
Click to expand...
Baloney. The Judge relied on the testimony of the expert witnesses, including a pediatrician who had examined and talked to AJ.

I think the DCFS worker was lazy and incompetent. I think he didn't do his job because AJ's father was an attorney who may have paid him to "look the other way." AJ's father will sit in prison for the rest of his life, right where he belongs.

www.cbsnews.com

A.J. Freund Case: Andrew Freund Sr. Pleads Guilty To Involuntary Manslaughter In Killing Of 5-Year-Old Son, Gets 30 Years In Prison

Freund, 61, pleaded guilty to charges of involuntary manslaughter, aggravated battery to a child, and concealment of a homicide.
www.cbsnews.com www.cbsnews.com

JMO
Pamela Wells, a staff attorney for the Illinois Office of the State’s Attorney Appellate Prosecutor, testified that she believed AJ would not have been returned to his parents by April 15, 2019, when he was killed, if DCFS had taken protective custody of AJ when they responded in December 2018 to investigate a large bruise found on the boy.

AJ told an emergency room doctor, who was examining the bruise, that he had been hit or spanked before.

“I had asked with what, and he said a belt, I asked him if that is what made the mark, and he said yes,” Dr. JoEllen Channon, who works at Northwestern Medicine Hospital Woodstock, testified.

AJ then told the doctor, “Maybe mommy didn’t mean to hurt me,” Channon said.

The doctor said she was 100% certain that protective custody could be maintained over AJ because of the evidence indicating his mother, JoAnn Cunningham, was the abuser.
 
Tuesday, February 13th:
*Sentencing Hearing (Acosta only) (@ 1:30pm CT) – IL – Andrew “AJ” Freund, Jr. (5) (reported missing April 17, 2018, Crystal Lake; found buried in shallow grave on April 24, 2019, near Woodstock) – *Carlos J. Acosta (54/now 57) arrested, charged & indicted (9/10/20) & arraigned (9/24/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. $20K bond (bonded out 9/10/20). Plead not guilty. Balance due: $2K bond.
*Andrew R. Polovin (48/now 51) arrested, charged & indicted (9/10/20) & arraigned (9/17/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. Plead not guilty. $20K bond. (bonded out 9/11/20).
Bench Trial began on 9/11/23. Continued on 9/12, 9/13, 9/14, 9/15 & 9/18/23. Prosecutors rested their case on 9/14/23. Defense began their case on 9/15/23 & ended on 9/15/23 without calling any witnesses. Closing arguments on 10/13/23.
Lake County Judge George Strickland. Prosecutor McHenry County State's Attorney Patrick Kenneally. Defense attorneys: Acosta's attorney Jamie Wombacher & Polovin's attorney Matthew McQuaid.
Case & Court info from 9/10/20 thru 7/27/23 & Trial Day 1-5 (9/11-9/15/23) & 10/12/23 reference post #24 here:
https://www.websleuths.com/forums/t...il-2019-arrests-mother-guilty-6.690367/page-2
10/13/23 Update: Polovin was found not guilty by Judge Strickland. Case is closed. Acosta was found guilty of count 1 & 2 & count 3 was dismissed by Court's motion. Sentencing hearing on 12/13/23 @ 9am.
12/13/23 Update: Sentencing hearing continued by agreement on 2/13/24 @ 1:30pm. 12/30/23 Update: Acosta says he wants another trial. He’s claiming it wasn't fair, citing the admission of irrelevant documents & hearsay, improper testimony from state experts & prejudicial evidence including videos he says were not relevant to his investigation.
*JoAnn D. Cunningham (35/38 when sentenced/now 40) – 12/5/19: Plead guilty. Sentenced on 7/17/20 to 35 years in prison. Post conviction petition hearing on 6/1/22. Post conviction petition denied/dismissed.
*Andrew T. Freund, Sr. (60/63 when sentenced/now 65) – 9/18/20: Plead guilty. Sentenced on 9/18/20 to 30 years in prison. Will help prosecutors with case against welfare workers. On Jan. 21, the ARDC announced Andrew T. Freund, licensed as an attorney since 1984, had been disbarred after being convicted last year of involuntary manslaughter, aggravated battery of a child & concealment of a homicidal death.
 
Acosta:

Docket:
Filed Type Description
02/14/2024 MOTNT MOTION/PETITION - NEW TRIAL

02/14/2024 NOTF NOTICE - FILING


Future Court Events
Date Time Room Event Tyoe Judge
03/07/2024 9:00 AM 355 STATUS - SENTENCE STRICKLAND

Previous Court Events
Date Room Event Type/Result Result Judge
02/13/2024 355 STATUS - SENTENCE CONTINUED - AGREEMENT STRICKLAND

link: 2020CF000703 - Public Case Access
 
Niner said:
Acosta:

Docket:
Filed Type Description
02/14/2024 MOTNT MOTION/PETITION - NEW TRIAL

02/14/2024 NOTF NOTICE - FILING


Future Court Events
Date Time Room Event Tyoe Judge
03/07/2024 9:00 AM 355 STATUS - SENTENCE STRICKLAND

Previous Court Events
Date Room Event Type/Result Result Judge
02/13/2024 355 STATUS - SENTENCE CONTINUED - AGREEMENT STRICKLAND

link: 2020CF000703 - Public Case Access
Click to expand...
one of the most heartbreaking reports I've seen. Thank you for keeping us up to date. Sweet child, AJ, didn't have a chance.
 
Thursday, March 7th:
*Status/Sentencing Hearing (Acosta only) (@ 9am CT) – IL – Andrew “AJ” Freund, Jr. (5) (reported missing April 17, 2018, Crystal Lake; found buried in shallow grave on April 24, 2019, near Woodstock) – *Carlos J. Acosta (54/now 57) arrested, charged & indicted (9/10/20) & arraigned (9/24/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. $20K bond (bonded out 9/10/20). Plead not guilty. Balance due: $2K bond.
*Andrew R. Polovin (48/now 51) arrested, charged & indicted (9/10/20) & arraigned (9/17/20) with 2 felony counts of endangering the life of a child & 1 felony count of reckless conduct. Plead not guilty. $20K bond. (bonded out 9/11/20).
Bench Trial began on 9/11/23. Continued on 9/12, 9/13, 9/14, 9/15 & 9/18/23. Prosecutors rested their case on 9/14/23. Defense began their case on 9/15/23 & ended on 9/15/23 without calling any witnesses. Closing arguments on 10/13/23.
Lake County Judge George Strickland.
Prosecutor McHenry County State's Attorney Patrick Kenneally.
Defense attorneys: Acosta's attorney Jamie Wombacher & Polovin's attorney Matthew McQuaid.
Polovin found not guilty (10/13/23) & Acosta found guilty of count 1 & 2 (10/13/23).
Case & Court info from 9/10/20 thru 7/27/23 & Trial Day 1-5 (9/11-9/15/23) & thru 10/13/23 reference post #30 here:
https://www.websleuths.com/forums/t...il-2019-arrests-mother-guilty-6.690367/page-2
12/13/23 Update: Sentencing hearing continued by agreement on 2/13/24 @ 1:30pm. 12/30/23 Update: Acosta says he wants another trial. He’s claiming it wasn't fair, citing the admission of irrelevant documents & hearsay, improper testimony from state experts & prejudicial evidence including videos he says were not relevant to his investigation.
2/14/24 Update: Notice of filing. Motion/Petition for new trial filed. Next status/sentencing hearing on 3/7/24 @ 9am. 2/20/24 Docket update: Order. 2/23/24: Certificate-mailing by clerk. 2/29/24: Response. Notice-filing.
*JoAnn D. Cunningham (35/38 when sentenced/now 40) – 12/5/19: Plead guilty. Sentenced on 7/17/20 to 35 years in prison. Post conviction petition hearing on 6/1/22. Post conviction petition denied/dismissed.
*Andrew T. Freund, Sr. (60/63 when sentenced/now 65) – 9/18/20: Plead guilty. Sentenced on 9/18/20 to 30 years in prison. Will help prosecutors with case against welfare workers. On Jan. 21, the ARDC announced Andrew T. Freund, licensed as an attorney since 1984, had been disbarred after being convicted last year of involuntary manslaughter, aggravated battery of a child & concealment of a homicidal death.
 
Not finding ANY articles - and the docket doesn't help much either.... to me it looks like they put then sentencing date in June.

for Acosta:

Future Court Events
Date Time Room Event Type Judge
06/06/2024 9:00 AM 204 HEARING STRICKLAND

Previous Court Events
Date Room Event Type/Result Result Judge
03/07/2024 355 STATUS - SENTENCE SET - DATE FOR HEARING STRICKLAND

Documents:
Filed Type Description
02/29/2024 NOTF NOTICE - FILING

02/29/2024 RES RESPONSE

02/23/2024 CERMC CERTIFICATE - MAILING BY CLERK

02/20/2024 ORD ORDER

link: 2020CF000703 - Public Case Access
 
for Acosta

Document Updates:
Filed Description
03/21/2024 NOTICE - REQUEST FOR EXTENDED MEDIA COVERAGE

03/21/2024 REQUEST - NEWS MEDIA FOR EXTENDED MEDIA COVERAGE

03/13/2024 ORDER

03/13/2024 CERTIFICATE - MAILING BY CLERK


Future Court Dates
Date Time Room Type Judge
06/06/2024 9:30 AM COURTROOM 204 HEARING STRICKLAND
06/06/2024 9:30 AM COURTROOM 204 SENTENCING STRICKLAND

link: https://caseinfo.mchenrycountyil.gov/PublicCaseAccess/CaseView/2020CF000703
 
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