The Misery Machine - The Case of AJ Freund

Starting point is 00:00:00 Andrew Thomas Friend Jr., called AJ by his family, was born on October 14, 2013. At the time, his mother, Joanne Cunningham, was 31 years old. His father, Andrew Thomas' friend Sr., was 55. He had three siblings. His older brother Austin was born in July of 2000. His younger brother was born in December of 2014, and his sister was born in May of 2018. A.J. had short blonde hair in a bright, smile. He was smart. He loved to have books read to him. He also loved completing puzzles and wanted

Starting point is 00:00:36 to take a picture to celebrate whenever he finished one. He liked Thomas the Tank Engine, the Teenage Mutant Ninja Turtles, and Legos. He liked playing with fire trucks, bulldozers, and cement mixers. He was an affectionate and outgoing little boy that loved his siblings. He always looked out for his younger brother. His grandmother, Lori Hughes and other members of his family called him a virtual ray of sunshine. AJ's mother, Joanne, was only 16 years old when she had her first son with her high school boyfriend Christopher Butler. She dropped out of school and moved in with Christopher and his parents in McCollum Lake. Now, McCollum Lake is a small village of less than 1,000 people in McKenry County,

Starting point is 00:01:14 Illinois. County is about an hour northwest of Chicago. Three years later, their relationship was still struggling. Christopher was arrested for punching Joanne in the stomach, but Joanne later dropped the charges. Two years afterwards, when Austin was five years old, the couple broke up for good. In 2005, Joanne and Austin moved back in with her mother. Lori said Joanne was a devoted parent, recalling that she spent time teaching the boy to read and played board games with him. Joanne also attended cosmetology school to become a hairdresser. In 2006, Joanne began dating Craig's summer camp. They got engaged a year later and married in May of 2009. During this time, Joanne was suffering from chronic back pain and fibromyalgia, and she started taking

Starting point is 00:01:57 prescription painkillers. In 2011, she became a licensed foster parent and took in her six-year-old godson, raising him alongside her own son. A local pastor provided a letter of reference for her foster parent application. He said Craig and Joanne were a caring and loving family and that the couple had extremely good morals. However, in January of 2012, Craig filed for divorce. He said the relationship had been good at first, but it changed when Joanne became addicted to prescription pain pills. By this time, Joanne was taking a mix of hydrocodone, percocet, and morphine, and she needed up to 15 pills a day. The pills caused her to behave erratically. Craig alleged that she punched him in the face, threw hot coffee on him and tried to push him down the stairs. Joanne accused Craig of

Starting point is 00:02:44 assault and filed a protection from abuse order. A hearing about the protection order was held at the Woodstock courthouse. After the hearing, Joanne met attorney Andrew Friend in the hallway outside of the courtroom. Soon, Andrew and Joanne were dating and he became her divorce attorney. Unfortunately, Andrew also struggled with alcohol and drug abuse. He had graduated with his law degree in 1984 and took a job with a Crystal Lake law firm. In 1994, he was let go because his addiction to alcohol was interfering with his ability to work. In 2012, he was practicing law out of his home and working part-time as a bagger at a local grocery store. Soon after meeting Joanne, he moved into the home that she shared with Craig. Craighead temporarily vacated the home to allow the children to finish the

Starting point is 00:03:29 school year. During this time, Joanne's drug use got worse and she began having hallucinations. She believed, among other things, that her house was bugged and her neighbor wanted to kill her. Meanwhile, Andrew and Joanne were destroying Craig's home and selling his stuff. He accused the couple of causing over $20,000 worth of damage. He claimed the home stank of dog waste and urine and was infested with mold and insects. He also cited major damage caused by fires in the kitchen appliances. The Department of Children and Family Service hotline received two calls to their CA hotline in June of 2012. One came from an anonymous caller and the other one came from a neighbor.

Starting point is 00:04:13 Both calls claim that Joanne was neglecting her son and foster son because of her prescription drug addiction. One of the calls led to a formal investigation, but the investigation was closed and the claims were listed as unfounded. The other call was referred to a foster care caseworker who also closed the referral, saying there was no evidence of any of the claims. By August, Joanne moved in with Andrew at 94 Dole Avenue in Crystal Lake. Crystal Lake is one of the nicer Chicago suburbs. Andrew's home was a two-story structure with a basement, white siding, and an attached garage.

Starting point is 00:04:50 Once Joanne moved in, the police were frequently called to the house. house. Sometime in August, Joanne sent concerning messages to a friend who called the police. Joanne also texted Andrew saying, and because of YouTube's rules, we have to be careful how we say this, she threatened to self-checkout with a rope in his house. Police did find her asleep with a 10-foot red rope next to her bed. Michael York was renting the basement of the home when Joanne moved in. He was Andrew's co-worker at the grocery store and had also hired. Andrew as his custody attorney. In September, Michael called the police. While he was at work, Joanne and Andrew had pawned some of his stuff without his permission. They used the money

Starting point is 00:05:34 to purchase Vicodin. The police arrived, but no one was arrested. Michael moved out at the end of the month. When the caseworker found out Joanne had moved her foster son without alerting DCFS, she called the police. With their help, the caseworker removed him from Joanne's care. She still had custody of her own son, Austin, now 12 years old. According to Joanne's mother, Lori, Joanne was paying her legal fees by supplying Andrew with prescription pills. She took Austin with her on the hour-long drives to Elkhorn, Wisconsin, where she bought pills. She was often high while she was driving, and Austin told his grandmother he was afraid she would have an accident. Austin also told Lori he had seen his mother and Andrew taking pills together.

Starting point is 00:06:19 He said Andrew would sometimes dress up in an army uniform and walk around with a gun in his hand. Conditions in the home were grim. Often they didn't have hot water and sometimes no water at all. At the start of the winter, they had no heat. Sometimes Austin would stay at his grandmother's house. When Lori took the boy back home, she would stay for two or three hours to clean up. She'd pick up dog feces, wash dishes, and gather up dirty laundry. She would take as many as 10 loads of laundry, reeking of cat,

Starting point is 00:06:49 urine back to her home to wash them. Austin sometimes went a week without any clean clothes. Lori said her grandson reported there was often no food in the house and he went days without eating. Days that he did eat, he had to cook for himself. Sometimes marshmallows were the only food in the house. He was sent to school with no food and no lunch money. He was also missing school regularly.

Starting point is 00:07:14 Joanne often left him home alone and went out with friends, once when he was quite ill with a strep throat and had a temperature of 102. Austin also witnessed DV between the adults in the home. Loud fights between Joanne and Andrew occurred weekly. Andrew would push and shove Joanne and Joanne would punch Andrew. Police reports show that during a fight on October 22nd, Joanne threatened Andrew with a knife and he pushed her down the stairs. November of 2012, Joanne and Andrew were both found guilty of criminal contempt.

Starting point is 00:07:45 The judge in the divorce case had forbidden them from removing any items from Craig's home. Despite the warning, the couple sold Craig's Blu-ray player, two of his TVs, and some of his silverware. Andrew was sentenced to 14 days in McHenry County Jail. Joanne was sentenced to 30 days. While Joanne was in jail, Lori took care of Austin. On November 17th, Austin's father, Christopher, died of a drug overdose. His mother was still in jail. During her time at McHenry, Joanne befriended a fellow inmate. After she got out, Joanne lent her bail money. This friend would later repaid Joanne with heroin, the start of an even more dangerous addiction. Joanne was released a few days before Christmas. She tried to bring Austin back to the

Starting point is 00:08:31 Dole Avenue residence, but he didn't want to go. Lori said Austin told her he would run away if she made him go back there. Joanne told Austin that she would unalive herself if he didn't come back. When Austin wouldn't leave with her, Joanne called the police. According to the report, Austin stated he loved his mom but didn't want to go live with her because of her drug addiction. The police left, but made Austin promise to go back to his mom's for Christmas Day. The next day, Christmas Eve, Lori called DCFS. She reported Joanne for neglect and drug use. The agency conducted an investigation and closed the case stating her claims were unfounded.

Starting point is 00:09:11 In January of 2013, Lori petitioned the court asking for custody of Austin. Joanne and Andrew were struggling. Andrew had suffered a stroke and his law license had been revoked because he didn't complete the proper paperwork. He was also heard at work when a service elevator fell and crushed his hand. Joanne was arrested three times in June and July for retail theft. She was collecting discarded receipts and using them to return items she shoplifted. Andrew was arrested as well. He was hiding stolen items in his shorts and compression socks.

Starting point is 00:09:42 By this time, they were both using heroin. They were so broke that they were earning money by recycling empty soda cans and ammunition casings. On one occasion, Joanne accused Andrew of stealing some of the $18 they had earned recycling. A fight got physical. A friend called police after witnessing Joanne repeatedly punching Andrew, who already had a black eye from an earlier incident. She was charged and later convicted of battery.

Starting point is 00:10:10 She was required to attend anger management classes and to participate in a drug treatment program. This was the family AJ was born into on October 14, 2013. At Sintegra Hospital in Woodstock, AJ was delivered via an emergency C-section. Nurses noted fresh track marks on Joanne's body. Blood tests from his umbilical cord showed signs of opiates and benzodiazepines in his system. According to hospital records, AJ was suffering from withdrawal. He was crying too much and unable to sleep. He was also shaking, sneezing, and he had to be.

Starting point is 00:10:45 at an overactive startle reflex. Joanne told hospital staff she had taken three medications for anxiety and pain the day AJ was born. She also admitted to using heroin, but she said she stopped as soon as she found out that she was pregnant. On October 16th, DCFS launched investigation on behalf of AJ. A few days later on October 21st, Lori finally won her custody battle for Austin. The case had taken months and she had to pay thousands of dollars in legal fees,

Starting point is 00:11:14 but she was able to take her oldest grandson home. She begged the nurses to help AJ, telling them there was no way Joanne and Andrew could care for a baby. Doctors gave AJ morphine to treat his withdrawal. He was kept in the hospital until mid-November. Joanne and Andrew were not allowed to take him home. He was placed in foster care with one of Joanne's cousins. AJ's foster mother said he was an easy baby.

Starting point is 00:11:38 At a checkup in early December, he was developing normally, although he still suffered from tremors occasionally. His foster mother wanted to adopt the little boy. However, the primary goal of DCFS is to reunite families when possible. So she understood she was not going to be able to adopt him. About a week after AJ went home with his foster mother, Joanne overdosed on heroin and ended up back in the hospital. Neither Joanne nor Andrew attempted to see AJ during scheduled visitations at all

Starting point is 00:12:09 during November or December. In January 2014, the couple months. met with a caseworker to start the process of getting AJ back. Both Joanne and Andrew agreed to participate in parenting classes in a drug treatment program with methadone maintenance. They also agreed to attend one-on-one counseling. At first, they were only allowed to see AJ once a week. They asked for unsupervised visits with AJ, but their request was denied in July. The judge still worried about their sobriety. AJ turned one while still in foster care. He was growing into a healthy toddler. Twice a week, his foster mother took him to gymnastics in the library.

Starting point is 00:12:47 He struggled during visits with his parents. Records from the time state he threw fits and wouldn't let anyone comfort him. Andrew and Joanne were still renting out the basement of their home, advertising it as a sober living space to people they met in group therapy. Police were called three times because of problems with the renters, but no arrests were made. Their caseworker told them their home would be more suitable for AJ's return if they stopped renting the basement out. They stopped, but this meant they lost the rental income. Andrew still wasn't able to practice as an attorney. He was getting a disability payment for his hand injury, and Joanne sometimes worked part-time as a hairdresser, but money was tight. Although Andrew owned their home, they owed

Starting point is 00:13:30 about $25,000 in back taxes. Joanne was also pregnant again. In December of 2014, they had their second son. No traces of drugs were found in his system. Worried about possible eviction because of the back taxes, Joanne and Andrew set up a GoFundMe account where they posted pictures of AJ and his new brother. Their caseworker made them take it down. It said they should be using more traditional methods to get help. They turned to the church, the Salvation Army,

Starting point is 00:13:58 and also got some funding from DCFS. In April, they were approved for overnight visits with AJ, but they weren't allowed to bring him home. his time in foster care was extended by an additional six months. The couple continued to follow their treatment program. A.J. adjusted to their visits. He was hitting all of his developmental goals. In May, his foster mother told the caseworker she'd like to be a part of his life once he returned home.

Starting point is 00:14:24 After 18 months in foster care, A.J. was returned to his parents on June 12, 2015. The couple continued their treatment with Suboxone, a drug that helps addict stay sober. They continued to pass their random drug screens and they enrolled both boys in a preschool program. In addition, they took AJ to the doctor when he had regular childhood illnesses like Pink Eye. Andrew even got his law license restored. After AJ's return, DCFS made 26 visits to the home. On February 25, 2016, AJ had a long one-on-one meeting with his caseworker. She found no reason for concern.

Starting point is 00:15:01 On April 12th, DCFS closed the case. AJ was almost two and a half years old. It seemed like a happy ending. In the fall of 2017, the happy ending started to fall apart. The house was sold to pay for the back taxes. The new owner was allowing the family to stay, but was charging them rent, which they were not paying. Joanne let her cosmetology license expire.

Starting point is 00:15:25 She didn't enroll AJ in school. She also pulled away from her relatives. She emailed AJ's former foster mother, telling her that AJ acted up after she visited. She told her not to come back. Joanne stopped returning the phone calls of other relatives. She was angry at her mother who still had custody of Austin. She wouldn't let any family visit the boys.

Starting point is 00:15:47 She took the boys trick-or-treating on Halloween where she then met their new neighbor, Janelle Butler. AJ was dressed up as a mummy, which seemed like a cute costume until Janelle realized the gauze was only partially covering his burned head. She could see patches of missing hair on AJ's head. Joanne told her that AJ had burned himself with a pot of burning water. She said she took him to the doctor, but that seems very unlikely because no record of any

Starting point is 00:16:16 doctor's visit for AJ exists. In February 2018, Joanne and Andrew rented out the basement again, this time did Dan Nowiki. Joanne met him in a drug treatment program. He had been in and out of jail since 2004 and had a long history. of drug abuse. His drug of choice was heroin. On February 16th, Joanne called the police to report her new roommate missing. She referred to Dan as a friend and described the tattoos and piercings all over his face. She was concerned that he might hurt himself. She had checked the hospitals

Starting point is 00:16:51 and detox centers and could not find him. When police checked back, she said he had called on February 19th. He was in a hospital in Chicago receiving mental health treatment. It is unclear exactly when their relationship changed, but by March 17th, Joanne told police officers that Dan was her boyfriend after the two caused a disturbance in a gas station parking lot. Dan told police he didn't want to deal with Joanne's children's father anymore. However, Joanne told police she was trying to keep Dan from going to the city to buy drugs. Sosequently, the police gave Dan a ride and left Joanne behind. A few days later, Joanne was found passed out in her car in North Lake, 40 miles away from her home.

Starting point is 00:17:33 Paramedics rushed her to the emergency room at Gottlie Memorial Hospital. She claimed that someone must have drugged her drink, but the nurses saw fresh track marks on her arms, feet, and neck. She refused to take a drug test. Andrew brought both boys to the hospital. Staff noted that the children were dirty and their clothes were on backwards. Reports know that AJ had odd bruising on his face and forehead, and DC and, D.C. and was notified on March 21st. A caseworker tried to make contact that day, but she went to the wrong house.

Starting point is 00:18:04 She went to the home Joanne shared with her ex-husband in 2012. Tried again on March 29th and April 9th, but no one answered the door or her phone calls. Finally, on April 25th, the DCFS investigator met with Joanne and the boys. They played in the driveway while Joanne was being interviewed. She observed the boys were clean and showed no signs of being mistreated. The one-month delay had given age. Jay's bruises time to heal. Nothing in her notes showed that she ever asked about the bruises. After a follow-up meeting in May, she and her supervisor, Andrew Pollivan, decided the allegations

Starting point is 00:18:38 were unfounded. In July, Joanne was hospitalized in the psychiatric wards of two different Chicago hospitals. According to medical records, she told the staff that she was depressed and thinking about walking in front of a bus. She admitted that she was using up to 15 bags of heroin a day. She was also charged with battery for scratching one of the nurses while being treated. On August 5th, police responded to a call ledging the theft of prescription drugs. Dan was back at the Dole Avenue home. Police noted that he and Joanne both appeared to be on narcotics when they arrived. Joanne told the police a story that didn't make much sense.

Starting point is 00:19:16 She said she had been walking around her neighborhood with her medication in her backpack. Somehow she woke in her bed not knowing how she got there and found that some of her pills have been stolen from her backpack. Dan wanted the officers to give him the police report number. One of the responding officers was experienced with prescription pill theft reports and noted that in order to have a prescription filled again, they would need a police report number. Some individuals would sell their pills and then report them stolen

Starting point is 00:19:42 in order to be able to fill the prescription again. He thought that was a likely explanation. On September 20th, police were called to do a welfare check on the children because the power was out and the home was in a dilapidated state. Police found overgrown grass almost two feet high. The pain was peeling off the house and the windows were falling apart. Joanne said the power had been out for a while and she was trying to find another place to live. DCFS was contacted but they wouldn't investigate because of utility issue.

Starting point is 00:20:12 Now, in November, Joanne was living in a Palatine hotel with Dan. Dan called the police to report she wouldn't let him get his stuff from the hotel room. No arrests were made, and the police report doesn't mention A.J. or his younger brother. By December, she was living with Andrew again, and she was pregnant with Dan's child. On December 18, Joanne drove to a nearby Taco Bell and asked employees to call 911. AJ and his brother were in the backseat of the car. She met officers in the parking lot and told them Dan had entered her home, demanded money, and stolen her cell phone and prescription pills.

Starting point is 00:20:49 Said Dan was living at Dull Avenue, but he had not been to. home for a week. Police entered the home to see if Dan was there and was not. He did find Dan, however. He was on a street nearby. His multiple face tattoos would have made him very hard to miss. He said Joanne was trying to take his medication. Please searched Dan and didn't find any of Joanne's items. They arrested Joanne for driving with a suspended license with her two kids in the car. Police noted that AJ was wearing nothing but a pull-up diaper and he had a large bruise on his leg. The officer who had searched for Dan at the Dole Avenue residence found the home inadequate for two young children, noting dog urine and feces located throughout the home. According to the police

Starting point is 00:21:29 report, it was in terrible shape. The house was full of garbage. The flooring in the kitchen was jagged and broken off. Some areas only had subflooring. The ceiling had water damage. One of the doors was covered in an unidentifiable brown substance. The window in the boy's bedroom was opened, but despite it being opened, the room still smelled over one. overwhelmingly of feces. Officers installed two car seats in their police car, and they took Joanne and the kids to the station. They placed a hotline report with DCFS.

Starting point is 00:22:00 Now, both boys were interviewed at the police station by DCFS investigator Carlos Acosta. The younger boy would not talk, but he appeared healthy and well care for. AJ was interviewed and, with his mother in the room, said the large bruise came from the family dog pawing at him while he watched the movie Polar Express the night before. Joanne said they were in the middle of remodeling admitted that the home smelled like dog feces and urine.

Starting point is 00:22:25 Andrew posted her bonds and she was released from custody. Acosta said she and Andrew could take the children home as long as they promised to take AJ to the ER. The doctor at the ER said the bruise could have been caused by a dog, a belt, or football. However, she spoke to AJ alone. Without his mother there, he told her, maybe someone hit me with a belt. Maybe mommy didn't mean to hurt me. She found this very concerning and thought any additional interviews should be conducted by someone trained to deal with CA cases. She also thought AJ should be examined by a pediatrician.

Starting point is 00:22:59 Instead, Acosta chose to release the boys to Andrew. The next day, Acosta made an unannounced home visit. He was not as appalled by the conditions as the police had been the day before. His report noted that the living room and dining room were cluttered with toys. He found the kitchen was clean but was missing floor tiles. He did note a light smell of urine, but no visible dog feces. He interviewed Andrew who said they used no corporal punishment. Andrew also said Joanne was not using drugs.

Starting point is 00:23:30 Both statements were likely untrue, but Acosta believed him. Then Acosta consulted his supervisor, Pallivan, and together they decided to close this case as unfounded. Dan, who had been convicted of battery in an unrelated case to the family, went to jail near the end of December, leaving Joanne and Andrew alone in the house with the children. On October 18, 2019, Andrew called 911. He told the dispatcher they had a missing child. His tone throughout the call is distant and disturbing. It takes them a long time to even say AJ's name and even longer to admit that he, Andrew, was AJ's father. Police released the audio of the 911 call, which will play for you right now.

Starting point is 00:24:20 He had a missing child. I woke up this morning and he wasn't... How did it say child? Yeah. He's five. A Mario, like blue, long-thly sweatshirt, and a black sweatpants. And is he male white? Last night, probably 9.30 when he went to bed.

Starting point is 00:25:04 No. Now, we can't with the neighborhood. I went to the local gas station down here where we sometimes take him to buy treats. I spoke with the assistant principal over there at the school where the park is, and they haven't seen Kim or any other child. I have no idea where he would be. So he was in his pajamas and then... The basement, the garage, everywhere.

Starting point is 00:25:56 And he had the doors open? No. I mean, no outside doors or anything like that. No doors or windows? No. Yeah, I see him. AJ was described as having short blonde hair. He was three foot five inches and 70 pounds. He was wearing a blue Mario sweatshirt and black sweatpants. He's five years old. Within minutes, police arrived with trained search dogs. They searched the entire property, but all the scent trails the dogs could pick up led back to the house.

Starting point is 00:26:33 AJ's three-year-old brother was removed while search was underway. He was initially placed with a foster parent and then placed with a relative. The younger boy showed no sign of injury or neglect. Still unsure if AJ had wandered away or was kidnapped, police searched areas a few miles from the family home. Team searched Veteran Acres Park in around Stern's Woods. Illinois State Police searched by plane and also used sonar equipment to search bodies of water in the area.

Starting point is 00:27:01 Local residents searched their neighborhoods. checking window wells, backyards, playhouses, and playgrounds. Andrew volunteered to take a lie detector test. Both Joanne and Andrew went on TV to plead for the return of their little boy. I just want my kids. That's only, that's my life. We're my kids. The boy's parents say they last saw AJ when they put him to bed Wednesday night. His mother maintains her innocence, but has hired an attorney and is refusing to cooperate with police. I realized that the police considered her to be a suspect.

Starting point is 00:27:36 Based on that, I advised me in Cunningham to remain silent at that point. After using sonar to search a nearby lake and canine units, police say they have so far only picked up A.J. sent inside the residents. Investigators do not believe the boy was abducted or wandered away. A.J.'s father met with police over the weekend. AJ, please come home. We love you very much. Police focused on the house, treating it as a crime scene.

Starting point is 00:28:07 They reported finding mouse droppings throughout the house. They also found mouse droppings in the converted crib that AJ slept in. They also noted a sliding lock in chain outside of the door. The lock was positioned in a way to lock someone inside of the room. The house was dirty and cluttered with open food lying around. According to the DCFS report, clothes and garbage were everywhere. everywhere. Half the kitchen floor was still missing, and it had been four months earlier when Joanne said they were doing renovations. With the search for AJ still ongoing, authorities

Starting point is 00:28:40 remove evidence from the home. Among other items, they removed a child's mattress, a shovel, four empty bottles of bleach, and a pair of men's shoes covered in mud. On April 24th, police showed Andrew the evidence they had gathered, including videos of AJ taken from Joanne's cell phone. Andrew confessed blaming Joanne for the little boy's death. He said he had asked Joanne to stop the hard physical beatings and the two of them had decided together to use cold showers as a punishment instead. Andrew admitted to personally spanking the little boy, but denied any other mistreatment. He explained they both believed AJ had oppositional defiant disorder.

Starting point is 00:29:19 As an example, Andrew mentions the time when AJ told the lie about stacking some dishes the wrong way after washing them. ODD is a serious disorder that many families struggle with. However, AJ had not been professionally diagnosed with it. The behavior Andrew described wasn't anything like it. Typically, children with the disorder show angry, hurtful, and revengeful behavior that occurs frequently in last more than six months. Police also showed Andrew a photo that was taken and stored on his phone on April 17th.

Starting point is 00:29:49 Photos of a shopping list. This list included duct tape, plastic gloves, and air freshener, and bleach. Andrew admitted he wrapped AJ's body in six. several trash bags and put it in a large plastic tote. He placed the tote in the basement. Two days later, he drove to a rural section of Woodstock and dug a shallow grave. He led police the location, and they did find A.J. buried there. Andrew and Joanne were both charged with first-degree homicide, aggravated battery of a child, concealment of a homicidal death, failure to report a death, aggravated domestic battery, reckless conduct, and causing a child to be endaneity.

Starting point is 00:30:29 Joanne was still proclaiming her innocence. In a Channel 2 special investigation, she wept and said she didn't kill her little boy. The investigation aired on September 26. She said she would never hurt AJ or anyone. She said they were a good and loving family. She blamed Andrews saying if he did something, he needs to tell them so everyone else isn't suffering. She also told the reporter she was pregnant with Dan's child and that Dan was supposed to be released from prison on the morning A.J. was reported missing. Police got a subpoena to access Joanne's iCloud account and were able to recover two very disturbing videos.

Starting point is 00:31:04 In a video taken on March 4th, AJ held an ice pack over his eye. Meet the ice pack, his eye was severely swollen and bruised. He was wearing only a pull-up diaper and lying on the bare mattress of his bed. Wounds and bruises were visible on his arms and wrists. Joanne can be heard screaming at him for wetting the bed. The March 27th video was shot in the bathroom. AJ had visible cuts and bruises. Joanne backed him into a corner and asked him about getting hurt in trouble with someone, as she referred to it.

Starting point is 00:31:35 She pushed him against the wall, still yelling at him until he was choking for air. Throughout the little boy, seems like he's on the verge of tears. He does not seem angry. He seems scared, understandably. During this video, AJ said he loves his family, and Joanne tells him that he doesn't show it. Throughout, Joanne sounded completely unhinged. She repeatedly cursed at AJ. She accused him of casting evil spells on her and trying to manipulate his dad.

Starting point is 00:32:04 She tells him his dad would never pick him over her. She put her face very close to AJ's and asked if anyone else in the house does evil. The little boy said, no, just me. After AJ's disappearance, his younger brother was interviewed. by the county's child advocacy center. He said his mother told him AJ fell down the stairs and had a lot of owies. In another interview, he said he was afraid of two things, The Dark and his mother.

Starting point is 00:32:35 On December 5, 2019, after police showed her the recovered videos and other evidence, Joanne pled guilty to first-degree homicide. As part of her deal, she had to testify about what happened to AJ. According to Joanne, on the evening of April 15th, she put AJ in a cold shower as punishment for hiding a. of soiled underwear. She said she kept him in the shower for 20 minutes. More than once, she took the spray nozzle and put it right in his face. Sometimes the spray caused AJ to lose his balance and fall in the tub. She said Andrew removed the little boy from the shower and put him to bed. A.J. was still cold,

Starting point is 00:33:11 wet and naked. At around 3 in the morning, Joanne checked on A.J. and found him dead. She said Andrew used his phone to perform Google searches about child CPR at 3.17 a.m. Forensic pathologist Mark Whittick from the McHenry countercourner's office conducted AJ's autopsy. He testified about his findings at Joanne's sentencing hearing. He found pattern and circular bruises on his forehead that could have come from the detachable showerhead. There were multiple bruises and abrasions all over AJ's arms and legs. There were also red bruises caused by blunt force trauma to his butt. He found evidence of an old injury to the little boy's rib.

Starting point is 00:33:51 It had been broken in the past and showed signs of healing. He also concluded that AJ did not die of hypothermia or from a fall. He died from massive trauma to the skull and brain that was caused by multiple blunt force trauma to the head. He also found evidence of at least a dozen blunt force trauma blows to AJ's head, maybe more. Because the blows were overlapping, it was hard to count them with complete accuracy. His head would have been very swollen at the time of his death. His brain was so swollen, part of it swelled into his spinal cord, crushing his brain tissue. Both of his lungs had leopard spots caused by inhaled blood.

Starting point is 00:34:32 Horner Wittick explained this probably happened while AJ was unconscious from the beating. The injuries would have been painful while they were happening. Mercifully, the pain would have stopped when he lost consciousness. For his role in AJ's death, Andrew pled guilty to involuntary manslaughter, aggravated battery of a child and concealment of a homicidal death. He pled guilty on September 18, 2020. Joanne was sentenced to 35 years for first-degree homicide. Andrew was sentenced to 30 years.

Starting point is 00:35:03 11 years for aggravated battery of a child, 14 years for involuntary manslaughter, and five years for concealment of a homicidal death. Andrew's sentences will be served consecutively. Joanne gave birth to a daughter while at McHenry County Jail. The infant, born May 31st, was placed in foster care with Joanne's family. The baby's father, Dan, died of a suspected drug overdose four months after her birth on September 29, 2019. Joanne's youngest son was placed in foster care with her cousin, the same person who was A.J.'s

Starting point is 00:35:35 foster mother during the first 18 months of his life. She is now legally the mother of the younger boy and has said she would gladly take an A.J.N. as well. On September 11th, 2023, two DCFS workers went on trial for ignoring multiple red flags that could have prevented AJ's death. Former caseworker Carlos Acosta and former supervisor Andrew Pollivan were charged with endangering a child's life and reckless conduct. They returned AJ to an unsafe home where he was killed. The two were being tried together. Now, this is a very rare circumstance. Normally with cases we cover, DCFSFS.

Starting point is 00:36:14 case workers, social workers, anyone who is negligent in cases such as these are rarely charged. According to testimony, police reported serious problems at the home on multiple occasions. They were ignored by DCFS. Evidence was presented of 17 police visits over the last five years. Police noted unacceptable living conditions, concerns for the welfare of the children, and significant drug use. Crystal Lake Police officer Kimberly Shipbaugh described deplorable living conditions in the home. She also testified about the bruise AJ suffered on December 18th. She said the mother prompted him to blame the family dog. Her opinion, there was no way a dog could have caused such an injury.

Starting point is 00:36:56 Pamela Wells, an attorney who specializes in CA cases, testify that they should have placed AJ into protective custody and conducted additional investigations. They also should have worked to provide counseling and other services to the family. Such services had helped the family before and would have allowed DCFS to regularly monitor AJ. In October of 2023, Carlos Acosta was found guilty of child endangerment, but was acquitted of reckless conduct. However, Lake County Judge George Strickland could not find Andrew Pollivan guilty of either charge because he did not know how much Pollivan knew about the extent of the abuse that AJ had endured.

Starting point is 00:37:33 A.G. was buried in a pair of Superman pajamas. Close of 5,000 people came to the Davenport funeral home on May 3, 2019 to pay their respects. People from around the state and around the country sent flowers. The Chicago Cubs sent a large flower arrangement. In October of 2019, community members held a memorial walk for AJ's 6th birthday. It wore blue in his memory and celebrated his short life with balloons, cupcakes, bubbles, and they sang happy birthday. The house where he died was torn down on March 4th, 2020.

Starting point is 00:38:06 It was demolished in under an hour. His foster mother, who asked to remain unidentified, released the following. statement about AJ, and I quote, We the family that lovingly cared for AJ during the first 18 months of his life and were then allowed to be in his life for another 26 months until the parents abruptly prevented us from having any further contact with him, want everyone to know that AJ was loved by us with all our hearts. While we had him in our lives, he had a happy, fun-loving life.

Starting point is 00:38:39 He was, it will always be our loving. and caring little boy. With his brave short life, AJ made the ultimate sacrifice to save his younger brother and unborn sibling. His life shall not be in vain. AJ will always be our little superhero.

The Misery Machine - The Case of AJ Freund

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