Andrew Freund’s attorney has requested that the father of 5-year-old AJ Freund receive a psychological evaluation to determine whether he can stand trial.
The motion, filed Friday in McHenry County court, stated that Special Public Defender Henry Sugden “has concerns about the defendant’s current psychological ability to recall and assist in his defense.”
If the request is granted, a psychologist could be allowed to meet with Freund to discern the 60-year-old’s competency.
Sugden could not immediately be reached for comment Tuesday afternoon. Freund and AJ’s mother, JoAnn Cunningham, are due back in court Friday.
Cunningham made a brief court appearance Tuesday morning. Afterward, prosecutors and her public defenders met with McHenry County Judge Robert Wilbrandt in private to discuss a matter related to Cunningham’s case.
Attorneys declined to say after court Tuesday what the meeting was about, and all of the related orders and transcripts have been sealed.
Freund and Cunningham were charged April 24 with first-degree murder in connection with AJ’s death. Neither parent has been indicted yet, or entered pleas.
According to a now-sealed police affidavit that was filed in McHenry County court, Freund rode with investigators the morning of April 24 and led them to an unincorporated rural area near Woodstock, where he allegedly buried the boy.