Appeals court upholds DCFS worker’s conviction in AJ Freund’s death

A state appeals court Monday upheld the conviction of a former Department of Children and Family Services worker found guilty of failing to act in the case of a 5-year-old Crystal Lake boy killed by his parents.

Justices unanimously rejected former caseworker Carlos Acosta’s argument that prosecutors failed to prove him guilty beyond a reasonable doubt on two felony charges of endangering the life or health of a child.

The case, a first of its kind in Illinois, stemmed from the April 2019 killing of AJ Freund, whose battered body was found in a shallow grave near Woodstock, less than a week after his parents reported him missing.

Parents JoAnn Cunningham and Andrew Freund Sr. later pleaded guilty to murder and are in prison.

Acosta, of Woodstock, was convicted in October 2023 and sentenced to six months in jail for his role in the boy’s death.

At trial, McHenry County prosecutors presented evidence that the Crystal Lake Police Department contacted Acosta on Dec. 18, 2018, after discovering a large and unexplained bruise on A.J.’s body.

Despite clear indicators of abuse and a documented history of concerns with his parents — including drug abuse, psychiatric hospitalizations, and squalor-like living conditions — Acosta failed to take appropriate investigative or protective action, prosecutors said. Instead, Acosta returned A.J. to the custody of his mother without implementing any safety measures, according to prosecutors.

In Monday’s unanimous ruling, the Second District Appellate Court of Illinois wrote that Acosta had a duty to protect A.J. and enough information and authority to take action.

“(Prosecutors) proved beyond a reasonable doubt that defendant knew that Joann was likely beating A.J. and certainly neglecting his care and that, despite knowing that A.J. was practically certain to be harmed, defendant unconditionally returned A.J. to Joann’s care and closed the case, which was a proximate cause of A.J.’s death,” the court found.

McHenry County State’s Attorney Randi Freese said Monday that the appellate ruling affirms that AJ’s death was “an entirely preventable tragedy.”

“Those entrusted with protecting children must be held to the highest standard,” Freese added. “When that duty is ignored, the consequences can be irreversible. We remain committed to seeking justice and ensuring accountability in cases involving the most vulnerable members of our community.”