1 Ex-DCFS worker found guilty, another cleared in connection with 2019 death of 5-year-old A.J. Freund
CHICAGO (CBS) -- A split decision by a McHenry County judge in the case of two former child welfare workers charged in connection with the 2019 beating death of five-year-old A.J. Freund.
Carlos Acosta, a former Illinois Department of Children and Family Services specialist, was found guilty of two counts of child endangerment, but not guilty of reckless conduct. Andrew Polovin, a former supervisor with DCFS, was found not guilty of all charges - two counts of child endangerment and one count of reckless conduct. Judge George Strickland said he could not convict Polovin, because he didn't know how much Polovin knew about the abuse A.J. faced.
This was the first time child endangerment charges against a welfare worker have been successfully brought in Illinois.
McHenry County State's Attorney Patrick Kenneally said the guilty verdict against Acosta shows, "If the manner in which these cases are investigated are so beyond the pale lacking that, if DCFS isn't going to hold accountable, criminal law can,"
Acosta and Polovin were assigned to A.J.'s DCFS case and closed it as "unfounded" in December 2018 — despite significant bruises on A.J. and deplorable living conditions.
Four months later, the 5-year-old, originally reported as missing, was murdered by his parents.
The Crystal Lake boy was first reported missing by his parents in April 2019. His body was found later, and his parents, Andrew Freund Sr. and JoAnn Cunningham were charged with murder.
A.J.'s father pleaded guilty to involuntary manslaughter, aggravated battery, and concealing a homicide, and was sentenced to 30 years in prison.
Cunningham pleaded guilty to murder and was sentenced to 35 years in prison.
However, prosecutors argued A.J.'s parents weren't the only ones to blame for his death.
In a rare move, Acosta and Polovin were charged with endangering a child's life and reckless conduct, for failing to step in despite the signs of A.J.'s abuse.
McHenry County prosecutors presented four days of testimony against Acosta and Polovin last month.
Prosecutors have said multiple police reports clearly outlined a history of problems at the family's home.
In one incident, officers were at the home and observed a bruise on the boy. Prosecutors said Acosta failed to recognize the severity of the injury and moved forward to close the case, putting A.J. and his younger brother back into the care of their mother.
During emotional testimony, a police officer recalled when she asked the boy about the bruise. She said she was troubled by the way the boy's mother prompted him to blame the family dog, telling the judge "there was no way that the dog could've possibly done that to him."
An emergency room doctor who treated A.J. for the bruises testified A.J. was not in pain, but he indicated that Cunningham used a belt to strike him. She said, to her, that was credible evidence that A.J. should remain in protective custody.
But according to prosecutors, despite those revelations, that protective custody ceased when Acosta closed the case and attributed the bruising to the family dog.
"Unfortunately, and fatally for A.J., he had to the two DCFS workers who couldn't have cared less," McHenry County prosecutor Randi Freese told jurors during closing arguments.
But defense attorneys maintained that Acosta and Polovin followed procedures, and both had limited information at the time protective custody of the child lapsed, resulting in him returning to his mother's custody.
The defense picked apart inconsistencies in witness accounts and accused experts of "Monday morning quarterbacking."
"The death of A.J. Freund was tragic, but the people responsible for his murder are in prison," Acosta's defense attorney Rebecca Lee said during closing arguments.
"We're not asking for forgiveness or any understanding. We are seeking and asking for findings of not guilty," Polovin's defense attorney, Matthew McQuaid said.
After four hours of closing arguments on Friday, Judge George Strickland ruled Acosta ignored the red flags that potentially could have saved A.J.'s life. He said there was a "refusal" to investigate parts of the A.J.s case on Acosta's part and that some of his reports in the case were "dishonest."
Strickland found Acosta guilty of two counts of child endangerment, but found Polovin not guilty of all charges, "Because I don't know exactly what he knew and when."
"We certainly think that judge got it right with respect to Mr. Acosta. We've always believed that he bore the brunt of the responsibility here," Kenneally said following the verdict. "While we are somewhat disappointed, I do think that the judge certainly made it clear that Mr. Polovin is by no means entirely devoid any type of responsibility."
Acosta faces 2 to 10 years in prison for each count of child endangerment, although a sentence of probation only is also possible. He's due back in court on Dec. 13, when a sentencing date likely will be set.
