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Contentious day in trial of ex-DCFS workers involved in AJ. Freund's case

Contentious day in trial of ex-DCFS workers involved in AJ. Freund's case
Contentious day in trial of ex-DCFS workers involved in AJ. Freund's case 02:38

CHICAGO (CBS) -- On Tuesday, McHenry County prosecutors laid out the red flags they said child welfare workers ignored in the months before five-year-old A.J. Freund was murdered by his mother.

Two former DCFS workers are now on trial, charged with mishandling his case.

CBS 2's Andrew Ramos has been monitoring the trial.

Day two of the trial for ex-DCSF workers Carlos Acosta and Andrew Polovin zeroed in on department protocol - what was followed and what prosecutors said was completely disregarded by those workers.

The proceedings also had a rocky start as both sides debated the relevant protocol.

It was a contentious start to the day, where prosecutors and defense attorneys debated over the issue of protocol and procedures at the Illinois Department of Children and Family Services.

In terms of what was in effect before and after the murder of five-year-old A.J. Freund, who was killed by his mother, Joann Cunningham, and then later buried by his father, Andrew Freund, Sr. near the family's home in Crystal Lake in April 2019.

Those procedures and how they were implemented are at the heart of this trial, where former DCFS workers Carlos Acosta and Andrew Polovin are accused of mishandling the case resulting in the child's death.

"What I intend to do is fix this problem," said Judge George Strickland. 

After a recess that lasted four hours, court proceedings finally continued.

Carol Ruzicka, a former DCFS supervisor dubbed an expert on department protocol, was questioned on various procedures.

The prosecution highlighted the paper trail of medical records belonging to the victim's mother that outlined substance abuse and mental health issues accessible to the defendants.

McHenry County State's Attorney Patrick Keneally:

"Based on your review of the c-sequence, any effort made to acquire the Sundance methadone records?"

"No," Ruzicka said.

And when it came to interviewing the child, Ruzicka was critical of Acosta's handling.

"He doesn't explore anything with the child. It's very, in my opinion, superficial. He's not utilizing any of his clinical skills," Ruzicka said. 

But defense attorneys maintain that the former DCFS workers followed procedures, and both had limited information at the time protective custody of the child lapsed, resulting in him returning to his mother's custody.

The cross-examination of the former DCFS supervisor is expected to continue Wednesday morning. Both Acosta and Polovin have pleaded not guilty to the charges. 

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