CHICAGO — AJ Freund’s mother, who was convicted in her 6-year-old son’s murder in Crystal Lake, has asked the court to reconsider her case based on her claim that she thought she was seeing and hearing demons at the time of the crime.
JoAnn Cunningham wrote to the court that her participation in the offense was a direct result of her suffering from postpartum depression or postpartum psychosis.
Cunningham also claimed lack of due legal process and ineffective counsel by her attorneys, since she said her claims were never brought up in court. Though Cunningham did not specify what result she was seeking, her request could challenge her conviction and sentencing in the case.
Last year, Cunningham was convicted of first-degree murder and sentenced to 35 years in prison for her son’s death.
AJ’s body was found buried in a shallow grave, days after his parents had reported him missing in April 2019. His father, Andrew Freund Sr., told investigators that AJ’s mother had forced him into a cold shower as punishment for soiling his clothes, and that he fell in the tub.
A coroner concluded that AJ had died from head injuries, with marks consistent with being hit with a detachable shower head.
His father pleaded guilty to involuntary manslaughter, aggravated battery, and concealment of a homicidal death, and was sentenced to 30 years in prison.
At the time of Cunningham’s sentencing, a psychologist diagnosed Cunningham with “significant personality dysfunction,” including anti-social and narcissistic traits, as well as depression and anxiety disorders, and “extreme emotional and impulse control” issues.
Neither prosecutors nor defense attorneys in the case immediately responded to requests for comment. But Cunningham’s defense team, Assistant Public Defenders Rick Behof and Angelo Mourelatos, said at her sentencing that it was clear in cellphone videos of AJ’s earlier abuse that she was not in her right mind.
Cunningham filed her post-conviction petition on her own behalf in neat handwritten print, without an attorney, and asked that one be appointed for her. She copied language from the relevant state law she cited, which provides for reconsideration of a conviction or sentence if evidence shows postpartum depression or psychosis.
The law defines postpartum depression as a mood disorder that strikes many women during pregnancy and up to a year after delivery. Psychosis is an extreme form of the condition, and can include losing touch with reality, distorted thinking, delusions, and hallucinations.
Under criminal procedures, prosecutors may oppose Cunningham’s request, and Judge Robert Wilbrandt would consider whether to dismiss it or hold an evidentiary hearing, according to Illinois Legal Aid Online.
A Tribune review of AJ’s case found evidence of 10 phone calls since 2012 questioning Cunningham’s care of children.
The former DCFS workers on the case, McHenry County board member Carlos Acosta and his former supervisor, Andrew Polovin, were charged with endangering the life of a child and reckless conduct for their handling of the investigation into AJ’s abuse. They pleaded not guilty and are awaiting trial.
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