AJ Freund murder: Trial begins for former DCFS workers who handled Crystal Lake boy's case

CRYSTAL LAKE, Ill. - Two former employees of the Illinois Department of Children and Family Services went on trial Monday over their handling of 5-year-old AJ Freund’s case in Crystal Lake before his death.

The bench trial of Carlos Acosta and Andrew Polovin got underway around 10:30 a.m. at the McHenry County Courthouse in Woodstock. The fates of the men, each charged with endangering the life of a child and reckless conduct, will be determined by the judge handling the trial.

Acosta and Polovin were the caseworkers assigned to AJ Freund, and were fired months after his death in April 2019.

AJ was found in a shallow grave near Woodstock, and a subsequent investigation found that he had been subjected to a pattern of abuse allegedly by his parents, culminating in his death while padlocked inside his bedroom with swelling in his brain.

The day A.J. died, documents say the child was punished for urinating in his underwear. He was then put in a cold shower for about 20 minutes, before being sent to bed "cold wet and naked."

JoAnn Cunningham, Freund’s mother, eventually pleaded guilty to his murder and was sentenced to 35 years in prison. His dad, Andrew Freund Sr., pleaded guilty to felony charges of aggravated battery of a child, involuntary manslaughter and concealment of a homicidal death, and was sentenced to 30 years in prison.

On Monday, the prosecutor in the trial began his opening statement, accusing Acosta and Polovin of simply not doing their job and not caring.

"When your job is to protect children and you don't do that job because you are lazy and you're heartless, you are necessarily and by definition endangering children. This is not a case about two employees overwhelmed by the rigors of a demanding job. This is a case about two criminals who didn't give a damn," prosecutors said.

Acosta's defense attorney began her opening statement by saying that hindsight is 20/20.

"Carlos Acosta was an advanced child protection specialist with a lot of experience. But ultimately the direction of his investigation and the duties assigned to him all were dictated by his supervisor Andrew Polovin," his attorney said.

There are a number of witnesses scheduled to testify, including former DCFS managers.

If convicted, Acosta and Polovin could face several years in prison and thousands of dollars in fines.