AJ Freund's Death Due To 'Reckless' DCFS Duo: Lawsuit

MCHENRY COUNTY, IL — A federal lawsuit filed Wednesday by the estate of slain Crystal Lake 5-year-old Andrew "AJ" Freund Jr. accuses Illinois Department of Children and Family Services investigator Carlos Acosta and his supervisor Andrew R. Polovin of reckless conduct, violation of investigative protocol and callous disregard in the months leading up to the boy's death.

AJ's parents, Andrew Freund, 60, and JoAnn Cunningham, 36, face charges of first-degree murder and other crimes stemming from AJ's death in April. Authorities allege the boy was beaten to death in his home and buried in a shallow grave near Woodstock.

The lawsuit filed by the State Bank of Geneva claims Acosta and Polovin ignored DCFS procedures and the prime directive of the Illinois Abused and Neglected Child Reporting Act after Crystal Lake police department took AJ from his parents, who were accused of abusing him, and placed him in protective custody.

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The lawsuit claims Crystal Lake police officers, medical personnel and AJ’s neighbors made numerous calls to DCFS’ Child Abuse Hotline in 2017 and 2018, describing AJ’s injuries and the "appalling" condition of the home at 94 Dole Ave. in Crystal Lake that he shared with his parents and younger brother.

"Inexplicably and contrary to DCFS Procedures," only two of the calls made to the hotline in those two years were investigated — one from March 18, 2018, and the other from Dec. 18, 2018, the lawsuit says. Acosta and Polovin then "conducted sham investigations and filed reports which included falsified findings intended to justify their determinations that the allegations of abuse were 'unfounded.'"

According to the lawsuit, the December call was initiated by a Crystal Lake police officer who found AJ and his younger brother living in squalid conditions and saw a large bruise on AJ’s hip that extended down his thigh. Police then placed AJ and his younger brother in protective custody.

AJ told Acosta the bruise was caused by a dog, but the officer who made the call told Acosta the bruise wasn't consistent with a dog injuring a child, the lawsuit claims.

Acosta, after consulting with Polovin, released AJ and his brother from protective custody within an hour of being taken to the police station and returned them to their mother, "despite the police officer’s conviction that AJ’s bruise evidenced child abuse," the lawsuit says.

The suit is seeking an unspecified amount of damages.

Parents' trial pending

Cunningham and Freund Sr. remain in custody awaiting trial on murder charges.

Cunningham, meanwhile, gave birth to a baby girl on May 31, and the girl's father, Daniel Nowicki Jr., 36, recently died of a suspected drug overdose at a hospital in Kokomo, Indiana, officials told the Chicago Tribune.

Nowicki reportedly met Cunningham in a drug treatment program, according to the newspaper. They became romantically involved at some point in 2018 when Nowicki lived with Cunningham, Freund Sr. and the two boys at the home on Dole Avenue.

Related: AJ Freund's Estate Attorney Brings Up Possible Lawsuit: Report

Authorities believe AJ died April 15, three days before he was reported missing, according to court documents. His mother and father are charged with his murder and are accused of forcing their son to stay in a cold shower for an extended period and beating him, which lead to the young boy's death.

This summer, Freund was found mentally fit to stand trial for murder. He is accused of burying his son in the field where the boy's body was later recovered. The 5-year-old died of severe head trauma, authorities said.

Related:

• Cunningham Speaks Out In Jailhouse Interview
• More Faces For AJ Freund: 'Roar For AJ' Encourages Participation
• AJ Freund's Father Found Mentally Fit To Stand Trial: Report
• Cunningham Berated, Beat AJ After He Wet the Bed: Warrant
• Police Release Initial Report in AJ Freund Case
• AJ Freund Died Three Days Before He Was Reported Missing: Report
• Groups Petition For Changes To DCFS Following AJ Freund's Death

Both Freund and Cunningham remain in custody at the McHenry County Jail. Both have pleaded not guilty to charges of murder, aggravated battery of a child, concealing a homicidal death and reckless conduct.

Patch will provide updates as this story and case continue to develop.