DCFS supervisor in AJ Freund case pleads not guilty to felony child endangerment, reckless conduct
A former Illinois Department of Children and Family Services supervisor pleaded not guilty Thursday to felony criminal charges connected to the death of 5-year-old Andrew "AJ" Freund of Crystal Lake.
Through his lawyer, Andrew Polovin, 48, of Island Lake, made his plea during a brief arraignment hearing at the McHenry County Courthouse in Woodstock to charges of child endangerment to the health or life of a child causing death; causing circumstances endangering the health or life of a child causing death; and reckless conduct.
If convicted, he faces between 2 and 5 years in prison, his attorney, Matthew McQuaid, said. The charges are also punishable by probation.
McHenry County Judge Robert Wilbrandt said Polovin also could be required to pay up to a $25,000 fine and serve mandatory supervised release for up to one year, if convicted.
A status date was set for 9 a.m. Thursday, Oct. 29.
AJ was the subject of many police and child welfare checks during his short life. He was beaten to death in April 2019, and his remains were later found buried in a shallow grave.
His mother, JoAnn Cunningham, 37, has since pleaded guilty and is serving a 35-year prison term. His father, Andrew Freund Sr., 61, remains in custody on $5 million bond and is set to appear in court Friday to possibly accept a plea deal.
In what many lawyers have said is a rare move by prosecutors, Polovin and former DCFS caseworker Carlos Acosta, 54, of Woodstock, who had been assigned to AJ's case, were charged criminally Sept. 10.
Acosta, who also sits on the McHenry County Board, is set to appear for his arraignment next week.
Acosta and Polovin previously had bail set at $20,000 and posted the required 10%, or $2,000 bond, to be released from jail while their cases are pending.
Acosta had contact with AJ about four months before prosecutors say the boy's parents beat him to death in their Crystal Lake home and falsely reported him missing. Polovin was Acosta's supervisor at the time.
Official charging documents filed with the McHenry County circuit clerk's office alleged Polovin and Acosta "knowingly caused or permitted (AJ) ... to be placed in circumstances that endangered AJ's life or health ..." They're also accused of recklessly performing an act that "caused great bodily harm or permanent disability" to a child, according to the grand jury indictment.
Outside the courtroom Thursday, McQuaid said Polovin had dedicated his life's work to protecting and caring for children and he looks forward to seeing him exonerated. McQuaid said he is searching for a similar case in which a public servant has faced criminal charges.
He said he is considering filing a motion for a change of venue should the case go to trial.
"These charges ... do not reflect the kind of person he is, his character," McQuaid said. "He has been a public servant his entire work life. He's worked in child protection. Obviously these charges do not reflect that."
He said Polovin had known "for a while" the charges could be coming and he was aware of the grand jury proceedings. However, Polovin was never contacted or interviewed during the investigation, McQuaid said.
"I can't say I'm surprised but I'm disappointed," he said. "If anything his career is destroyed, his name is mud and his character has been assassinated."