Judge Approves Subpoena Of JoAnn Cunningham's Medical Records

WOODSTOCK, IL — A McHenry County Judge approved a request Thursday allowing prosecutors to subpoena several medical records of JoAnn Cunningham, the Crystal Lake mother accused of beating her 5-year-old son, A.J. Freund, to death in April, according to the Chicago Tribune. Cunningham, 36, was in court Thursday, according to several reports.

The Chicago Tribune reported that during the hearing, Assistant State’s Attorney Randi Freese told the judge that prosecutors are trying to find out if Cunningham was taking drugs around the time her son was killed. (More via Chicago Tribune).

Prosecutors in the case recently asked that patient-doctor privilege (confidentiality) be surrendered, citing how the mother's potential drug use might have had some relation to the child's death.

According to state law, "No physician or surgeon shall be permitted to disclose any information he or she may have acquired in attending any patient in a professional character, necessary to enable him or her professionally to serve the patient."

However, there are a few exceptions, including trials for homicide "when the disclosure relates directly to the fact or immediate circumstances of the homicide," and more.

Authorities believe AJ died April 15, three days before he was reported missing, according to court documents. His mother and father, 60-year-old Andrew Freund, 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.

Last month, Freund was found mentally fit to stand trial for murder in the April death

Freund is also accused of burying his son in a shallow grave near Woodstock, Illinois, where the boy's body was later recovered. The five-year-old died of severe head trauma, authorities said.

Related:

• 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

Both Freund and Cunningham remain in custody at the McHenry County Jail on a $5 million bail.

Both have pleaded not guilty to charges of murder, aggravated battery of a child, concealing a homicidal death and reckless conduct.