Mother of AJ Freund pleads guilty to murder, faces up to 60 years
AJ Freund’s mother unexpectedly pleaded guilty to the boy’s murder during a surprise court appearance Thursday morning.
JoAnn Cunningham, 36, of Crystal Lake, will face 20 to 60 years in prison when sentenced next year, after pleading guilty to a first-degree murder charge that had been modified to eliminate the possibility of a life sentence.
The plea deal removed language describing the killing as “brutal and heinous” from the murder charge, which therefore caps her maximum sentence at 60 years. Cunningham will be required to serve 100% of the sentence, prosecutors said.
A sentencing status hearing is scheduled for Jan. 30.
McHenry County State’s Attorney Patrick Kenneally issued a brief news release announcing the plea deal, stating Cunningham pleaded guilty “for her part in the beating death of her son.”
Information filed by prosecutors Thursday afternoon includes details of the night AJ died, as well as an assertion that a forensic pathologist would testify that AJ’s injuries were consistent with child abuse, not hypothermia or falling.
The 11-page document states prosecutors would have presented evidence that in the years and months before his death, AJ had been the victim of “a number of prior incidents of child abuse, torment, and callous neglect” at the hands of his mother.
Cunningham appeared in court Thursday without leg irons or handcuffs and was barely audible when answering questions from Judge Robert A. Wilbrandt. The atmosphere in the courtroom was solemn as details of the arrangement were outlined.
She pleaded guilty to one count of first-degree murder stating she struck AJ sometime between April 15 and April 17, knowing it would create a “strong probability of death or great bodily harm.”
Prosecutors said the plea deal does not require Cunningham to testify against AJ’s 60-year-old father, Andrew Freund Sr., who also is charged with murder and other felonies related to the 5-year-old boy’s death.
But Kenneally said Cunningham could be called as a witness if Freund’s case goes to trial.
“This certainly changes things, I think, but we’ll have to talk with his attorney. We’re just not there yet,” Kenneally said, adding that Cunningham’s plea deal came together quickly and without a formal offer from his office first.
Freund’s court-appointed attorney, Henry Sugden, said his client planned to cooperate with prosecutors. He doesn’t think Cunningham’s plea will affect Freund’s case.
According to court records, Freund blamed Cunningham for the boy’s death, telling investigators she beat AJ about the head after forcing him to endure a 20-minute cold shower after he “lied” about soiled underwear.
Within the document filed Thursday are excerpts of police interviews with Freund Sr. In one exchange, he tells investigators he often had to intercede when Cunningham hit their son. Freund claimed he told Cunningham “that’s not the way to go,” so she came up with cold showers as punishment instead.
He also told police AJ died at some point on the evening of April 14, after Cunningham engaged in “some hitting” and put AJ in the cold shower. Cunningham put the shower spray nozzle in AJ’s face, which caused him to sometimes lose his balance and fall in the tub, Freund told detectives.
An autopsy revealed multiple blunt force injures to AJ’s head, torso and extremities. Those injuries included abrasions on his forehead that matched the pattern of the detachable shower head, court records state. The cause of death was head injuries, the autopsy determined.
Just weeks ago, Cunningham insisted to a CBS2 reporter that she did not harm her son.
“I would never hurt my children,” she said, sobbing.