AJ Freund murder: JoAnn Cunningham gets 35-year prison sentence in beating death of 5-year-old son

ByDiane Pathieu and John Garcia WLS logo

Friday, July 17, 2020

AJ Freund murder: JoAnn Cunningham gets 35-year prison sentence in beating death of 5-year-old son

"I love him and I miss him and there's nothing I wouldn't do to bring him back," Cunningham told the court.

WOODSTOCK, Ill. (WLS) -- Judge Robert Wilbrandt told the court Friday that 5-year-old AJ Freund's mother, JoAnn Cunningham's, was responsible for his "horrible death preceded by a horrible life. "

Nevertheless, he said her guilty plea to a single murder charge limited his ability to give her a life sentence.

Cunningham showed little reaction behind her mask in the courtroom.

At Thursday's hearing, she took the stand to ask for mercy, and claimed she loved her son but was disabled by a drug addiction.

"I love him and I miss him and there's nothing I wouldn't do to bring him back," Cunningham told the court.

Her addiction, she said, led her to beat Freund to death with a metal shower head and then claim he went missing before investigators discovered his body in a shallow grave in Woodstock.

Many observers, including the 5-year-old victim's family, reacted strongly.

A group calling themselves "Roar for AJ" gathered outside the courthouse and called for the maximum 60-year sentence.

"We, the family of our beloved Andrew, are disappointed and saddened by the ruling of the Judge. We know that whatever the punishment, it will not ease the loss and pain we feel. AJ was an innocent, precious little boy whose life was taken from him after he endured ... much pain and suffering," ROAR said in a statement.

"This is not justice. ... If she got 60 years it still wasn't justice," said Tracy Kotzman with ROAR.

McHenry County State's Attorney Patrick Kenneally handled the high-profile case personally.

Kenneally met with reporters off-camera and reacted to the sentence, saying "We are disappointed. We thought all the factors were in place for the maximum sentence, which we thought was appropriate."

Crystal Lake representative Tom Weber introduced a bill in honor of AJ.

"Bottom line, we have nothing to celebrate ... nothing will take away the suffering," he said.

At the end of the hearing Thursday, Cunningham addressed the court tearfully, saying in part, "I had the privilege of having AJ as a son. When I had him it was one of the happiest days of my life. I love him and I miss him and there's nothing I wouldn't do to bring him back."

On Thursday, Crystal Lake Police Officer Kimberley Shipbaugh described a visit to Cunningham's home back in December of 2018, where she observed filthy living conditions and noticed 5-year-old AJ with bruises, so she asked how he got them.

A sentencing hearing began Thursday morning for JoAnn Cunningham, who pleaded guilty to killing her little boy A.J. Freund in a murder that shocked the northwest suburbs.

"JoAnn leaned down and in his ear she said to him, 'Lucy the dog did that to you right?' And then he said 'Yes,'" Shipbaugh said.

AJ was seen at a local emergency room where doctors suspected abuse.

"I started by asking him if he had been spanked or hit, he said 'Yes,'" said Dr. Joelle Channon. "I asked him with what and he said 'a belt.' I asked him, 'Who did it?' and he said, 'Someone not in my family' and then he offered that, 'Maybe mom didn't mean to hurt me.'"

A series of video tapes were played in court where Cunningham is heard interrogating her son about who he would run to tell about any abuse. At one point, his little voice replied the devil. The recording was made by Cunningham just days before he was killed.

On April 15, 2019, Cunningham claimed she put her five-year-old son AJ to bed the night before and the next morning, he was gone.

For days, police, family, friends and even strangers organizing vigils and search parties for AJ.

Crews demolished the Crystal Lake house where police said five-year-old A.J. Freund was murdered by his parents Wednesday morning.

Video of her initial meeting with police shows Cunningham saying a prayer before telling them she had no idea where her son was. Days later, police found his body in a shallow grave in Woodstock and charged his parents with murder.

AJ's father Andrew Freund later told investigators Cunningham hit the boy and forced him into a cold shower before putting him to bed.

He said the next morning, the couple found AJ dead and Freund later buried him.

Andrew Freund is also charged with murder.

The Illinois Department of Children and Family Services initially took custody of AJ when he was born with opiates in his system. The foster mother who cared for him for the first 18 months of his life told the court she would have been there to help Cunningham if she had allowed it.

ABC7 Eyewitness News is not identifying the foster mother, but she told the court "All of us had a piece of our hearts ripped out. Going through this is the most difficult thing my family has ever gone through. We miss AJ every day and will never forget his smile."

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