Ex-DCFS workers in A.J. Freund case on trial in McHenry County
WOODSTOCK, Ill. (CBS) – More than four years after the horrific murder of 5-year-old A.J. Fruend resulted in the arrests and convictions of his parents, the former DCFS workers accused of mishandling the child's care were in court.
CBS 2's Andrew Ramos was there on the first day of the trial in McHenry County.
The two former DCFS workers, Carlos Acosta and Andrew Polovin were charged in 2020 in the case that put a dark cloud over the state's child welfare agency. Both Acosta and Polovin pleaded not guilty to the charges.
On Monday, prosecutors zeroed in on red flags in the case they said were mishandled and ignored by the workers.
The Crystal Lake boy was first reported missing by his parents in April 2019. His body was found later, and his parents, Andrew Fruend Sr. and JoAnn Cunningham were charged with murder.
In a rare move, Acosta, a former specialist, and Polovin, a former supervisor with the department, were charged with endangering a child's life and reckless conduct.
Using new evidence from several police reports, prosecutors claimed police 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, that officer recalled when she asked the boy about the bruise, which she flagged to Acosta. She said she was troubled by the way the boy's mother prompted him to blame the family dog.
"I will tell you that when she leaned down to tell him what happened, all the hair on my arm stood up," said Crystal Lake police officer Kimberly Shipbaugh. "And I knew at that moment that I should've pulled him aside and asked him without her presence, but it caught me so off-guard when I saw it. I just asked him. So, I explained to Carlos about JoAnne's influence on A.J.'s response. I explained to him the intensity of the bruise. I explained that it was my belief that there was no way that the dog could've possibly done that to him."
The judge in the bench trial also heard testimony from an emergency room doctor who treated A.J. in December 2018 for the bruises. She said A.J. was not in pain, but he indicated that Cunningham used a belt to strike him.
"I couldn't tell you what made the bruise or when it happened. Now I had information that he was giving me about a belt, about maybe his mom did it, and that to me was additional credible evidence that could be used to continue the protective custody," said Dr. Joellen Channon.
But according to prosecutors, despite those revelations, that protective custody ceased when Acosta closed the case and attributed the bruising to the family dog.
The defense attempted to poke holes in the police reports where testimony from officers differed from what they documented when the reports were filed.
At the end of the first day, a retired administrator from DCFS was on the stand, and prosecutors attempted to use her testimony to show the defendants didn't follow protocols while investigating the case. That witness returns on Tuesday.
Day two of the trial continues Tuesday.
Both of A.J.'s parents are serving more than 30 years in prison.
