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

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Friday, March 4th:
*Motions Hearing (Polovin) / Motions & Status Hearing (Acosta) (@ 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 55) 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.
Case & Court info from 9/10/20 thru 12/2/21 reference post #897 here:
IL - Andrew Freund, 5, Crystal Lake, 17 April 2019 *ARRESTS* *mother guilty* #5

12/16/21 Update: State & defense's motions hearing continued to 1/13/22 & status set trial date & subpoena request. 1/13/22: Motion continued per defendant's motion. Next motion & status hearing (subpoena request) & set trial date on 1/25/22.
1/25/22 Update: Subpoena request continued, defendant's motion & status of trial date continued, also defendant's motion. Next Status & motions hearing on 3/4/22.

*Andrew R. Polovin (48/now 49) 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).
Case & Court info from 9/10/20 thru 11/12/21 reference post #897 here:
IL - Andrew Freund, 5, Crystal Lake, 17 April 2019 *ARRESTS* *mother guilty* #5

12/2/21 Update: Per defense motion hearing was continued. Next Status hearing re subpoena request & set trial date on 1/13/22. 1/13/22 Update: Per defense motion hearing was continued. Status hearing re subpoena request & set trial date on 1/25/22.
1/25/22 Update: Subpoena request & set trial per defendant's motion continued. Next Motions hearing on 3/4/22.
*JoAnn D. Cunningham (35/now 38) – 12/5/19: Plead guilty. Sentenced on 7/17/20 to 35 years in prison.
*Andrew T. Freund, Sr. (60/now 63) – 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 and concealment of a homicidal death.
 
for Polovin:

Future Court Events
Date Time Room Event Type
04/21/2022 1:30 PM 302 HEARING - PENDING MOTIONS

Previous Court Events
Date Room Event Type/Result Result
03/03/2022 302 MOTION - ADD ON CONTINUED - AGREEMENT

link: https://caseinfo.mchenrycountyil.go...questAction=search&rowOffset=0&totalResults=5


for Acosta:

Future Court Events
Date Time Room Event Type
04/21/2022 1:30 PM 302 HEARING - MOTION LIMINE
04/21/2022 1:30 PM 302 STATUS - SUBPOENA REQUEST
04/21/2022 1:30 PM 302 STATUS - TRIAL DATE

Previous Court Events
Date Room Event Type/Result Result
03/03/2022 302 LEAVE - FILE ALLOWED
03/03/2022 302 LEAVE - FILE SET - DATE FOR HEARING

link: https://caseinfo.mchenrycountyil.go...uestAction=search&rowOffset=0&totalResults=18
 
I apologize if this isn't an approved source, but I could've sworn I've seen links shared from McHenry County Scanner here before.

Mother of AJ Freund files post-conviction petition, says she had been 'seeing demons' at time of her son's killing

Grrrr!
Those 'demons' this cretin claims she saw, were of her own making. It's called 'self empowerment through addiction'. ( IMO of course...and entirely made up )

I hope whoever has to in court on June 1, 2022 will again play the recorded voice of AJ as he plead with his egg donor.

I will never ever forget his voice...
 
Thanks for that article - including in there:

A hearing regarding her post-conviction petition has been scheduled in McHenry County court for June 1.
Blah blah blah blah blah. "My rights" sniffle sniffle. What about A.J.s rights??????? Remember him? The adorable,sweet,harmless little boy. Who loved you. Adored you. Depended on you. Tried his best to please you. Until his last dying,bloody beaten, frozen breath. Just stop with the pity party. Grrrr. MOO
 
The court site is "off-line" for me this morning - so hopefully these 2 are still having a hearing today - @Subiechik21 - maybe you can check for me?

Thursday, April 21st:
*Motions Hearing (Polovin) / Motions & Status Hearing (Acosta) (@ 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 55) 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.
Case & Court info from 9/10/20 thru 1/13/22 reference post #901 here:
IL - Andrew Freund, 5, Crystal Lake, 17 April 2019 *ARRESTS* *mother guilty* #5

1/25/22 Update: Subpoena request continued, defendant's motion & status of trial date continued, also defendant's motion. Next Status & motions hearing on 3/4/22. 3/4/22 Update: Motion-add on continued with agreement. Next hearing on pending motions on 4/21/22.

*Andrew R. Polovin (48/now 49) 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).
Case & Court info from 9/10/20 thru 1/13/22 reference post #901 here:
IL - Andrew Freund, 5, Crystal Lake, 17 April 2019 *ARRESTS* *mother guilty* #5

1/25/22 Update: Subpoena request & set trial per defendant's motion continued. Next Motions hearing on 3/4/22. 3/4/22 Update: Hearing continued. Next Status hearing re subpoena request & set trial date & also Motion in Limine on 4/21/22.
*JoAnn D. Cunningham (35/now 38) – 12/5/19: Plead guilty. Sentenced on 7/17/20 to 35 years in prison. Post conviction petition hearing on 6/1/22.
*Andrew T. Freund, Sr. (60/now 63) – 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 and concealment of a homicidal death.
 
@shotgun09 - I noticed you were on this case - and I lost my "go-to" person for this case - and was wondering if you access Illinois McHenry County court site? I usually can get in, but run into a glitch once in awhile - and today is one of those days...
Any new court dates for these guys?

for:
Carols J. Acosta - #20CF000703
Andrew R. Polovin - #20CF000704

TIA if you can help me!
animated-smileys-waving-002.gif
 
@shotgun09 - I noticed you were on this case - and I lost my "go-to" person for this case - and was wondering if you access Illinois McHenry County court site? I usually can get in, but run into a glitch once in awhile - and today is one of those days...
Any new court dates for these guys?

for:
Carols J. Acosta - #20CF000703
Andrew R. Polovin - #20CF000704

TIA if you can help me!
animated-smileys-waving-002.gif

Hey Niner!
I just happened to be on, and peeked in on the McHenry Cty site. This is for Acosta:

Future Court Events
Sign up for Court Event Reminders

Date
06/24/2022 Time
9:00 AM Room
302 Event Type
STATUS - SUBPOENA REQUEST Judge
WILBRANDT
06/24/2022 9:00 AM 302 STATUS - TRIAL DATE WILBRANDT
Previous Court Events
Date
04/21/2022 Room
302 Event Type/Result
HEARING - MOTION LIMINE Result
DENIED Judge
WILBRANDT
04/21/2022 302 MOTION - MODIFY ALLOWED WILBRANDT
04/21/2022 302 STATUS - SUBPOENA REQUEST CONTINUED - DEFENDANTS MOTION WILBRANDT
04/21/2022 302 STATUS - TRIAL DATE CONTINUED - DEFENDANTS MOTION WILBRANDT


For Polovin:

Future Court Events
Sign up for Court Event Reminders

Date
06/24/2022 Time
9:00 AM Room
302 Event Type
STATUS - TRIAL DATE Judge
WILBRANDT
Previous Court Events
Date
04/21/2022 Room
302 Event Type/Result
HEARING - PENDING MOTIONS Result
DENIED Judge
WILBRANDT
 
Wednesday, June 1st:
*Hearing (Post Conviction Petition) (@ 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 *JoAnn D. Cunningham (35/now 39) “mom” arrested (4/24/19), charged (4/25/19), indicted (5/9/19) & arraigned (5/10/19) with 5 counts of 1st degree murder, 4 counts of aggravated battery of child, 2 count of aggravated domestic battery, 2 counts of concealment of homicidal death, 1 count of failure to report death of child, 1 count of abuse of corpse, 1 count of obstruction of justice, 2 counts of unlawful restraint, 1 count of circumstance of endangerment/death & 1 count of causing child to be endangered. Plead not guilty. $5M bond.
Plead guilty on 12/5/19. Sentenced on 7/17/20 to 35 years in prison.
Court hearing from 4/25/19 thru 7/14/20 reference post #722 here:
https://www.websleuths.com/forums/t...pril-2019-mother-bf-arrested-5.441968/page-37

7/16/20 Update: Sentencing hearing held. A series of video tapes were played in court where Cunningham is heard interrogating her son about who he would run to tell about any abuse. At one point, his little voice replied the devil. The recording was made by Cunningham just days before he was killed. Court also listened to a recording of Cunningham berating A.J. She did address the court tearfully. Cunningham faces 20-60 years in prison and prosecutors are seeking the maximum. She is next due in court at 1:30 pm Friday, 7/17/20 for Judge's decision.
7/17/20 Update: Cunningham is sentenced to 35 years & 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.
3/31/22 Update: Cunningham filed a post-conviction petition in McHenry County Circuit Court earlier this week. Saying that she had been seeing demons & believed she & her son were possessed. Cunningham filed the petition pro se, meaning on her own behalf & was seeking unspecified relief under the post-conviction act. She claimed that her 14th, 8th & 6th Amendment rights were violated after her arrest & during the time of her court case. Said her 8th Amendment right was violated by “excessive sentencing” imposed on her. In a handwritten five-page statement, Cunningham said she had ineffective counsel & was not allowed to testify on her own behalf in court. Cunningham said in the petition that she suffered from postpartum psychosis at the time she killed AJ but that her attorney did not present any evidence to the court. A hearing regarding her post-conviction petition has been scheduled in McHenry County court for 6/1/22. Records show she is expected to be released on April 24, 2054.
*Andrew T. Freund, Sr. (60/now 64) - 9/18/20: Plead guilty to aggravated battery to a child, involuntary manslaughter & concealment of a homicidal death. As part of the plea deal struck between prosecutors & Freund agreed to plead guilty to the three charges & will spend at least 18 years in prison, 30 years if the sentences handed down Friday are served in full. The sentences approved by Judge Robert Wilbrandt include 11 years in prison for aggravated battery to child, 85% of which must be served under the state's truth-in-sentencing laws; 14 years for involuntary manslaughter, 50% of which must be served; and 5 years for concealment of a homicidal death, of which 50% must be served, Wilbrandt said. Judge Wilbrandt said the sentences would be served consecutively "for the protection of the public."
 
Wednesday, June 1st:
*Hearing (Post Conviction Petition) (@ 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 *JoAnn D. Cunningham (35/now 39) “mom” arrested (4/24/19), charged (4/25/19), indicted (5/9/19) & arraigned (5/10/19) with 5 counts of 1st degree murder, 4 counts of aggravated battery of child, 2 count of aggravated domestic battery, 2 counts of concealment of homicidal death, 1 count of failure to report death of child, 1 count of abuse of corpse, 1 count of obstruction of justice, 2 counts of unlawful restraint, 1 count of circumstance of endangerment/death & 1 count of causing child to be endangered. Plead not guilty. $5M bond.
Plead guilty on 12/5/19. Sentenced on 7/17/20 to 35 years in prison.
Court hearing from 4/25/19 thru 7/14/20 reference post #722 here:
https://www.websleuths.com/forums/t...pril-2019-mother-bf-arrested-5.441968/page-37

7/16/20 Update: Sentencing hearing held. A series of video tapes were played in court where Cunningham is heard interrogating her son about who he would run to tell about any abuse. At one point, his little voice replied the devil. The recording was made by Cunningham just days before he was killed. Court also listened to a recording of Cunningham berating A.J. She did address the court tearfully. Cunningham faces 20-60 years in prison and prosecutors are seeking the maximum. She is next due in court at 1:30 pm Friday, 7/17/20 for Judge's decision.
7/17/20 Update: Cunningham is sentenced to 35 years & 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.
3/31/22 Update: Cunningham filed a post-conviction petition in McHenry County Circuit Court earlier this week. Saying that she had been seeing demons & believed she & her son were possessed. Cunningham filed the petition pro se, meaning on her own behalf & was seeking unspecified relief under the post-conviction act. She claimed that her 14th, 8th & 6th Amendment rights were violated after her arrest & during the time of her court case. Said her 8th Amendment right was violated by “excessive sentencing” imposed on her. In a handwritten five-page statement, Cunningham said she had ineffective counsel & was not allowed to testify on her own behalf in court. Cunningham said in the petition that she suffered from postpartum psychosis at the time she killed AJ but that her attorney did not present any evidence to the court. A hearing regarding her post-conviction petition has been scheduled in McHenry County court for 6/1/22. Records show she is expected to be released on April 24, 2054.
*Andrew T. Freund, Sr. (60/now 64) - 9/18/20: Plead guilty to aggravated battery to a child, involuntary manslaughter & concealment of a homicidal death. As part of the plea deal struck between prosecutors & Freund agreed to plead guilty to the three charges & will spend at least 18 years in prison, 30 years if the sentences handed down Friday are served in full. The sentences approved by Judge Robert Wilbrandt include 11 years in prison for aggravated battery to child, 85% of which must be served under the state's truth-in-sentencing laws; 14 years for involuntary manslaughter, 50% of which must be served; and 5 years for concealment of a homicidal death, of which 50% must be served, Wilbrandt said. Judge Wilbrandt said the sentences would be served consecutively "for the protection of the public."
Good grief jc is a piece of work hopefully no one takes her seriously . She needs to serve each and everyday jmoo
 

Mama JoAnne has proven that she has no genuine remorse for her horrific, cruel murder of her 5 year old son. She is making excuses and is only thinking of herself, not what she did to him. She was a drug addict who lost custody of her older son and a foster child. Amazingly, she still hasn't accepted any responsibility for her actions. She was a good girl who turned bad...who then turned evil. It's time for her to accept what she ultimately became, which is a child abuser and a child murderer. I hope she suffers from what she did one day.
 
In denying the first stage of a post-conviction petition, Wilbrandt wrote the pleadings in Cunningham’s petition “do not provide the ‘gist’ of a meritorious claim of substantial deprivation of a federal or state constitutional right and that they are patently without merit.”

Among the complaints, Cunningham, 39, said no witnesses were called to testify on her behalf; she was not allowed to testify herself, nor did she provide a confession; she was not read her Miranda rights; and she claimed she was “illiterate” as to her constitutional rights.

In fact, Wilbrandt responded in his order, at Cunningham’s “extensive sentencing hearing,” which was televised, witnesses were called on her behalf and defense attorneys presented “wide-ranging evidence” of her history of drug abuse and substance abuse treatment. She also provided a lengthy statement, addressing her “long-standing history of both prescribed and illegal drug use,” the judge wrote.

Wilbrandt also dismissed Cunningham’s claims that her 35-year prison sentence is “cruel and unusual punishment.” He said these were “patently without merit.”

The negotiated plea to first-degree murder – which she agreed to in court – was amended to exclude an additional charge of first-degree murder that included verbiage the crime was done with “intent to kill.” It also excluded the words “brutal or heinous behavior indicative of wanton cruelty.”

Had these original allegations been proven at trial, she would have faced up to 60 years in prison, essentially natural life, Wilbrandt said.

Wilbrandt also wrote that when Cunningham entered the negotiated plea, she “indicated … that nothing interfered with her ability to understand” what she was pleading to or the potential sentencing range.

Cunningham claimed that while in jail, pregnant with her fourth child to whom she gave birth to while in custody, she was prescribed “psychotropic medication” and was not properly monitored. Yet, in her petition she “makes no claim that these medications affected her guilty plea, nor does she assert how these medications, or their monitoring contributed to her sentence,” Wilbrandt said in his order.

Wilbrandt also wrote that she and her attorneys had opportunity to give input following her pre-sentence investigation and “declined to do so.”



Good riddance ...
 
In denying the first stage of a post-conviction petition, Wilbrandt wrote the pleadings in Cunningham’s petition “do not provide the ‘gist’ of a meritorious claim of substantial deprivation of a federal or state constitutional right and that they are patently without merit.”

Among the complaints, Cunningham, 39, said no witnesses were called to testify on her behalf; she was not allowed to testify herself, nor did she provide a confession; she was not read her Miranda rights; and she claimed she was “illiterate” as to her constitutional rights.

In fact, Wilbrandt responded in his order, at Cunningham’s “extensive sentencing hearing,” which was televised, witnesses were called on her behalf and defense attorneys presented “wide-ranging evidence” of her history of drug abuse and substance abuse treatment. She also provided a lengthy statement, addressing her “long-standing history of both prescribed and illegal drug use,” the judge wrote.

Wilbrandt also dismissed Cunningham’s claims that her 35-year prison sentence is “cruel and unusual punishment.” He said these were “patently without merit.”

The negotiated plea to first-degree murder – which she agreed to in court – was amended to exclude an additional charge of first-degree murder that included verbiage the crime was done with “intent to kill.” It also excluded the words “brutal or heinous behavior indicative of wanton cruelty.”

Had these original allegations been proven at trial, she would have faced up to 60 years in prison, essentially natural life, Wilbrandt said.

Wilbrandt also wrote that when Cunningham entered the negotiated plea, she “indicated … that nothing interfered with her ability to understand” what she was pleading to or the potential sentencing range.

Cunningham claimed that while in jail, pregnant with her fourth child to whom she gave birth to while in custody, she was prescribed “psychotropic medication” and was not properly monitored. Yet, in her petition she “makes no claim that these medications affected her guilty plea, nor does she assert how these medications, or their monitoring contributed to her sentence,” Wilbrandt said in his order.

Wilbrandt also wrote that she and her attorneys had opportunity to give input following her pre-sentence investigation and “declined to do so.”



Good riddance ...
Boo hoo. You know who's rights were really violated? A.J'S. You know who really suffered beyond cruel and unusual? That's right A.J. Suck it up,and stop wasting the courts valuable time,and resources. She's got a lot of nerve.
 
Friday, June 24th:
*Status Hearing for both (@ 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 55) 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.
Case & Court info from 9/10/20 thru 1/13/22 reference post #901 here:
https://www.websleuths.com/forums/t...l-2019-arrests-mother-guilty-5.441968/page-46

1/25/22 Update: Subpoena request continued, defendant's motion & status of trial date continued, also defendant's motion. Next Status & motions hearing on 3/4/22. 3/4/22 Update: Motion-add on continued with agreement. Next hearing on pending motions on 4/21/22.
4/21/22 Update: Defendant's motion for trial continuance. Subpoena request continued-defendant's Motion Wilbrandt. Motion in Limine result-denied by Judge Wilbrandt. Next status hearing re subpoena request & set trial date on 6/24/22.
*Andrew R. Polovin (48/now 49) 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).
Case & Court info from 9/10/20 thru 1/13/22 reference post #901 here:
https://www.websleuths.com/forums/t...l-2019-arrests-mother-guilty-5.441968/page-46

1/25/22 Update: Subpoena request & set trial per defendant's motion continued. Next Motions hearing on 3/4/22. 3/4/22 Update: Hearing continued. Next Status hearing re subpoena request & set trial date & also Motion in Limine on 4/21/22.
4/21/22 Update: Pending motions result-denied. Next status hearing to set trial date on 6/24/22.
*JoAnn D. Cunningham (35/now 38) – 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/now 63) – 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.
 
Polovin:

Docket:
Filed Type Description
06/24/2022 MOTL MOTION - LIMINE

06/24/2022 ORD ORDER ORDER


Future Court Events:
Date/Time Room Event Type Judge
07/29/2022 9:00 AM 302 STATUS - TRIAL DATE WILBRANDT

Previous Court Events:
Date/Room Event Type Result Judge
06/24/2022 302 STATUS - TRIAL DATE CONTINUED - DEFENDANTS MOTION WILBRANDT

link: 2020CF000704 - Public Case Access


Acosta:

Docket:
Filed Type Description
06/24/2022 MOTL MOTION - LIMINE

Future Court Events
Date Time Room Event Type Judge
07/29/2022 9:00 AM 302 STATUS - SUBPOENA REQUEST WILBRANDT

07/29/2022 9:00 AM 302 STATUS - TRIAL DATE WILBRANDT

Previous Court Events:
Date Room Event Type/Result Judge
06/24/2022 302 STATUS - SUBPOENA REQUEST CONTINUED - DEFENDANTS MOTION WILBRANDT

06/24/2022 302 STATUS - TRIAL DATE CONTINUED - DEFENDANTS MOTION WILBRANDT

link: 2020CF000703 - Public Case Access
 
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