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

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  • #761
Killer mom pleaded guilty of murdering AJ after being presented with the video evidence of his abuse on her phone. Meanwhile, her husband had spilled his guts about how he buried AJ. I always feel disgust when a defence attorney pitches a plea deal in a horrendous murder, let alone a child murder (!) and then pure anger when a State Attorney accepts it. I realize that in some cases it is necessary to accept plea deals to ensure a conviction, but I wonder-- was it was necessary in this case, and did the conditions exceed what what was necessary.

How could a State Attorney agree to dismiss several other charges against her, and also agree to the wording of her charge, as outlined by the judge below, which made her ineligible for a life sentence?

"(Judge) Wilbrandt told Cunningham her actions were “inhumane, repulsive and, frankly, shocking.” He said her situation could “only be described as drug-addled filth, lying, cheating and manipulating her way through life while terrorizing her small son.”

Still, the judge noted, the charge under terms of the plea agreement DID NOT INCLUDE elements that Cunningham intended to kill her son or that her acts were “brutal or heinous,” indicative of “wanton cruelty,” which would have made her eligible for a sentence of up to natural life." (She beat him so violently with the shower head that it left indentation marks and caused fatal brain injury, while he was subjected to a frigid cold shower, and she then left him to die alone in his bed. Nothing brutal or cruel about that right?)


"McHenry County State’s Attorney Patrick Kenneally said his team was disappointed Cunningham did not receive the maximum 60-year prison term allowed under a plea deal his office reached with defense attorneys last year. She faced a minimum of 20 years. “We felt we put on an incredibly strong case that justified the maximum sentence,” Kenneally told the Tribune. "

State Attorney Patrick Kenneally should have known how the terms of his accepted plea deal would affect the ruling of the judge regarding her sentence. Per the judge, PK took a life sentence out of the equation with the deal. But PK 's response to the sentence included his need to say she faced only 20 years, (and got 35) so I guess that makes him feel like he didn't totally screw up in finding justice for A.J.

Little A.J.'s family is not happy with this sentence, which would be the same sentiments of the police investigators who solved the case and turned it over to the prosecutors.

I have compassion for people who have had a hard life. Killer mom pleads for mercy because she was physically and emotionally abused growing up. I know abuse can be a vicious cycle, but I only have compassion for the adult victims who seek help to stop the cycle of abuse when they have their own innocent, vulnerable children. Being a drug addict and cutting off family support for the abused child doesn't excuse their guilt, it makes it more selfish and evil.

Child protective services are mandated to rescue children like A.J. They had enough background in their file to take complaints very seriously. Once again, they failed a child who should have been saved.

hicagotribune.com/news/breaking/ct-aj-freund-joann-cunningham-sentence-20200717-yid3pmltufepfhbwmkzv4phgse-story.htm
 
  • #762
Judge's hands were tied with the plea deal excluding the original aggravating factors. She will however have to serve all 35 years.

AJ Freund’s mother sentenced to 35 years in his beating, cold shower murder

July 17, 2020

WOODSTOCK, Ill. —
Courtroom observers shook their head in apparent disbelief Friday as JoAnn Cunningham, the Illinois woman who last April fatally beat her 5-year-old son, Andrew “AJ” Freund, with a metal shower head and forced him to stand under the frigid spray as punishment for soiling himself, was sentenced to 35 years in prison.

Cunningham, 37, of Crystal Lake, pleaded guilty in December to first-degree murder. She faced up to 60 years in prison, a maximum sentence that prosecutors hoped she’d receive. The minimum sentence she faced was 20 years.

Judge Robert Wilbrandt, in delivering the sentence Friday afternoon, said his decision was based, in part, on the fact that the murder charge to which Cunningham pleaded guilty did not include the aggravating factors of the original charges.
The May 2019 indictment of Cunningham and her husband, Andrew Freund Sr., included a total of 41 charges between the pair and alleged that their young son’s murder was “accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty.”

It is not clear to me how / why the prosecutor hoped she would receive 60 years when the judge said his decision was based in part on the fact that the murder charge did not include the aggravating factors of the original charges? Wouldn't the prosecutor have known what the murder charge included? Was a mistake made when filing the murder charge? Not that it matters now. Listening to that forensic pathologist testify about the injuries to his poor little body is just the worst I've heard.
 
  • #763
And this all came about because a 5 year old wet the bed........ :(

(She was having her kids live in a filthy HOARDER house FILLED with dog crap everywhere.....but a urine accident in his own bed sent her over the edge) :eek::mad:
 
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  • #764
Incredibly painful to listen to the video audio from the killer’s cell phone videos of her tormenting little AJ. The little boy was up against a demon - I’m so relieved his pain is over after hearing this first hand today. The agencies (DCFS) we put in place to protect him failed him repeatedly despite cops and medical professionals and neighbors doing their part. How these DCFS people are not charged is beyond me. This cannot ever be allowed to happen again. The cost is too great.
I literally could not listen after hearing him speak in the beginning and skipped through that part, heart-wrenching to hear the fear in his voice.
Took a minute to pray and think about where AJ is ...

I hope it was as painful for JC to hear, as it is for us.
 
  • #765
I still don't understand why she would even be so upset at him weting the bed when they lived like that. Like, that house was disgusting, why did she even care that he wet the bed? She only wanted an "excuse" to inflict more pain on a 5-year-old little boy.
 
  • #766
I still don't understand why she would even be so upset at him weting the bed when they lived like that. Like, that house was disgusting, why did she even care that he wet the bed? She only wanted an "excuse" to inflict more pain on a 5-year-old little boy.
Right on. If it wasn’t bed wetting it would have been something else.
 
  • #767
Was it a condition of her plea deal that she will testify against Freund?
 
  • #768
Was it a condition of her plea deal that she will testify against Freund?

I don't remember hearing anything about that but I wouldn't be surprised.

I was surprised the State didn't mention the 3 AM "child CPR" search found on AF Sr.'s cell phone at all in JoAnn's sentencing hearing...guess they're saving that for "dad's" bench trial since it was on his phone.
 
  • #769
I too have not see "what" conditions of her plea deal are.
 
  • #770
I don't remember hearing anything about that but I wouldn't be surprised.

I was surprised the State didn't mention the 3 AM "child CPR" search found on AF Sr.'s cell phone at all in JoAnn's sentencing hearing...guess they're saving that for "dad's" bench trial since it was on his phone.

I too have not see "what" conditions of her plea deal are.
I’m baffled by the Prosecutor’s actions regarding Cunningham’s sentencing. It leaves me thinking they had to agree to a few conditions to secure her testimony against Freund. If she does testify, it will be interesting to see how much blame she places on him. She will likely claim to be the poor beaten down abused spouse who was forced by her brute of a boyfriend to torture her son. We already know she doesn’t take responsibility for her own actions.

Freund was smart to ask for a bench trial. Testimony about the ongoing torture of AJ would likely have a huge emotional impact on a jury. Still, I’m confident a judge will see him for the monster he is and find him guilty on all counts.
 
  • #771
She will be 72. Still old enough to hurt someone. Who the hell cares about her background! We all have choices in life regardless of our life experiences. I mean there are so many people on here who have been abused who aren’t close to monsters.

She got a pass. I really don’t know anything worse than what she did to AJ. Slow, unending torture but instead of being ISIS, it’s the one person who is supposed to love and protect you.

I can’t fathom how 35 years is justice.
Totally hoping for 35 years of daily beatings for this monster.
 
  • #772
I’m baffled by the Prosecutor’s actions regarding Cunningham’s sentencing. It leaves me thinking they had to agree to a few conditions to secure her testimony against Freund. If she does testify, it will be interesting to see how much blame she places on him. She will likely claim to be the poor beaten down abused spouse who was forced by her brute of a boyfriend to torture her son. We already know she doesn’t take responsibility for her own actions.

Freund was smart to ask for a bench trial. Testimony about the ongoing torture of AJ would likely have a huge emotional impact on a jury. Still, I’m confident a judge will see him for the monster he is and find him guilty on all counts.
But that doesn't really make much sense. Freund is not just a boyfriend that was abusing her child, he was AJ's father. She was pregnant when she killed her own son and the child was not even Freund's. I believe Freund is just a guilty as her, because he didn't do anything to stop the abuse, and to be honest I don't remember if it was reported that he abused him too. The fact that he burried his own son to cover for her doesn't sit right with me. AJ was his son, he still had another child in the home. Was he going to let her kill him too? He needs to be punished too.
 
  • #773
But that doesn't really make much sense. Freund is not just a boyfriend that was abusing her child, he was AJ's father. She was pregnant when she killed her own son and the child was not even Freund's. I believe Freund is just a guilty as her, because he didn't do anything to stop the abuse, and to be honest I don't remember if it was reported that he abused him too. The fact that he burried his own son to cover for her doesn't sit right with me. AJ was his son, he still had another child in the home. Was he going to let her kill him too? He needs to be punished too.

I agree AF Sr. needs to be held just as responsible for this. Had he found out JoAnn beat their son to death in the middle of the night, he should've called the police right then and there if he was in fact innocent of any and all wrongdoing. Instead, to help cover up JoAnn's abuse of AJ, possibly his own abuse of AJ and his own negligence to put an end to it all sooner, he buried AJ and continued the 'missing child' charade.

An "innocent" parent who realizes the abuse of his own son by the mother's hands was "worse than he thought" because he was always away at work ( or whatever his escuse may be ) doesn't participate in a cover up when said child is beaten so viciously he dies in the middle of the night.
 
  • #774
Freund is just as guilty as Cunningham. He also disciplined A.J. and allowed her to torture this poor little boy, and wouldn't fess up until the phone videos were found by LE.

WARNING: Graphic descriptions of torture. I had to stop reading it, but read enough to know that A.J.'s father deserves to rot in jail.

AJ Freund’s mother sentenced to 35 years in his beating, cold shower murder
 
  • #775
But that doesn't really make much sense. Freund is not just a boyfriend that was abusing her child, he was AJ's father. She was pregnant when she killed her own son and the child was not even Freund's. I believe Freund is just a guilty as her, because he didn't do anything to stop the abuse, and to be honest I don't remember if it was reported that he abused him too. The fact that he burried his own son to cover for her doesn't sit right with me. AJ was his son, he still had another child in the home. Was he going to let her kill him too? He needs to be punished too.
I don’t know why you seem to think I don’t see Freund to be as guilty as Cunningham. I was speculating about what her testimony might be if she testifies against him and how she will likely claim she was abused by him and place the blame on him because she doesn’t take responsibility for her part in AJ’s murder. I was commenting on his decision to request a bench trial which I believe is a smart move given the horrible emotional details likely to be brought out. He’ll still be found guilty by the judge but his decision to take a jury out of the picture does give him a very slight edge. To be clear, I absolutely believe Freund is as guilty as she is and, as I stated in my post, I believe a judge will see him for the monster he is.
JMO
 
  • #776
I don’t know why you seem to think I don’t see Freund to be as guilty as Cunningham. I was speculating about what her testimony might be if she testifies against him and how she will likely claim she was abused by him and place the blame on him because she doesn’t take responsibility for her part in AJ’s murder. I was commenting on his decision to request a bench trial which I believe is a smart move given the horrible emotional details likely to be brought out. He’ll still be found guilty by the judge but his decision to take a jury out of the picture does give him a very slight edge. To be clear, I absolutely believe Freund is as guilty as she is and, as I stated in my post, I believe a judge will see him for the monster he is.
JMO
I didn't say that?
 
  • #777
For a five year old to say those things to his mother or even to think about bad men hurting her, Etc ..You know he lived in a living hell of abuse. I cant even think about it.
 
  • #778
Thursday, July 30th:
*Status & Set Trial Date Hearing (@ 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) – for *Andrew T. Freund, Sr. (60/now 61) “father” arrested (4/24/19), charged (4/25/19), indicted (5/9/19) & arraigned (5/10/19) with 5 counts of 1st degree murder, 3 counts of aggravated battery, 1 count of aggravated domestic battery, 1 count of failure to report death of child, 1 count of concealing a homicidal death (burying body), 1 count concealing death of a person, 1 count of circumstance of endangerment/death, 1 count abuse of corpse, 1 count of destroying evidence, 1 count of false info to LE, 2 counts of aggravated battery to child, 1 count of reckless conduct/great bodily harm, 1 count of unlawful restraint & 1 count of causing child to be endangered. Plead not guilty. $5M bond. Waived Jury Trial for Bench trial-no date set.
Court hearing from 4/25/19 thru 12/13/19 reference post #672 here:
GUILTY - IL - Andrew Freund, 5, Crystal Lake, 17 April 2019 *mother & bf arrested* - #5

1/14/20: The judge will be allowing cameras in the courtroom for all future proceedings for AF Sr. Murder: Next status hearing & set trial date on 2/27. 2/27/20: Motion: Issue subpoena for Protective Order—allowed. Waived his right to a Jury trial & wants Bench Trial. Next hearing to set Trial Status hearing on 4/24.
On March 17th the Illinois Supreme Court ordered all Illinois courts to scale back operations to essential mandated services only. The McHenry County Courthouse is closed to all parties except those appearing on what is considered an essential mandated service.
4/1/20 Update: Due to coronavirus status hearing on 4/24 has been cancelled. Next status hearing on 6/18. 6/18/29 Update: Status hearing was continued due to COVID-19 to 7/30/20.
*JoAnn D. Cunningham (35) – 12/5/19: Plead guilty. Sentenced on 7/17/20 to 35 years in prison & will have to serve 100% of her sentence before she is eligible for release. If released at the age of 72, she would be required to register as a person who has committed violence against children & also she will need to serve an additional 3 years of mandatory supervised released.
 
  • #779
Anyone know why JoAnn's not coming up on IDOC's inmate search? I thought her sentence was to begin immediately? I'm not familiar with how long it usually takes to transfer prisoners from county jail once they've been sentenced.
 
  • #780
Plea deal could be coming for father accused of killing AJ Freund

July 30, 2020
A plea deal between McHenry County prosecutors and the father of slain 5-year-old Crystal Lake boy AJ Freund could be on its way, the man's attorney said in court today.
[.....]
Freund's appointed attorney, Special Public Defender Henry Sugden, told McHenry County Judge Robert Wilbrandt he was having "pretty serious conversations" with prosecutors about reaching a potential negotiated plea. The attorney declined to say what 61-year-old Freund might be willing to plead guilty to or how much time he could receive.

Sugden said he hopes to have the terms of any possible plea bargain worked out by Freund's Aug. 28 court date.
 
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