D.J. Creato's lawyer wants the charges thrown out.
HADDON TWP. -- Citing state law and his client's legal rights, the lawyer for David "D.J." Creato is seeking the murder charges against the 22-year-old for allegedly killing his toddler son be dismissed.
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According to previous reports, 3-year-old Brendan Creato's body was found on Oct. 13 near this small cement landing along the Cooper River, in Haddon Township. The landing, seen here on Dec. 10, 2015, is a few hundred feet from South Park Drive and accessible only on foot. (Greg Adomaitis | For NJ.com) In court documents filed Thursday in Camden County Superior Court, attorney Richard J. Fuschino Jr. argues that Creato was not read his rights prior to being interviewed by authorities shortly after the October death of 3-year-old Brendan Creato.
The second motion of Fuschino's filing claims the county's medical examiner did not inspect the scene where Brendan's body was found until days later.
"The filings speak for themselves," Fuschino said Friday morning.
Creato, who pleaded not guilty and remains behind bars on $750,000 bail, voluntarily spoke with investigators following the Oct. 13, 2015 death of his son. However, the 22-year-old since indicted on a first-degree murder charge was unaware that he was a suspect in his son's death, his lawyer said.
Authorities allege Creato killed his son to continue a relationship with a 17-year-old who had a disdain for children. An autopsy and toxicology tests initially failed to find an exact cause of death, but a Camden County prosecutor argued in court that Brendan died as a result of "homicidal violence."
According to Philly Voice, Camden County Medical Examiner Gerald Feigin did not inspect the scene where Brendan's body was found until five days after the boy's death. The story, citing the state's Medical Examiner Act, says a medical examiner or assistant medical examiner must inspect murder scenes.
According to the report, it's unclear why Feigin did not respond to the scene and why a detective removed Brendan's body from the wooded area along the Cooper River. The report adds that the grand jury that indicted Creato was not aware of these circumstances.
What's more, a Report of Investigation Medical Examiner obtained by the news outlet states Brendan's body was "face down in a shallow creek draped over a rock."
"His head and torso were not under water. His arms and lower legs were under water. He was clothed in pajamas and his diaper was pulled down exposing his buttocks. His socks were on and did not appear to be soiled," the medical investigator's report states.
Prosecutors say the scene, which is about a half-mile from Creato's apartment and accessible only by foot, was "spiritual" for him and that he visited it often.
The latter fact about Brendan's socks was cited by Camden County Prosecutor's Office Assistant Prosecutor Christine Shah when Creato was arraigned on murder and child endangerment charges.
Troubled relationship spurred tot's death
Not long after Brendan's death, the prosecutor's office said said the boy had not been sexually abused and there were no signs of forced entry at the apartment where Brendan slept that night.
The prosecutor's office has previously declined to comment on the case outside of court proceedings, the next of which is scheduled for April 18.
"We look forward to having a hearing on these matter and letting the evidence speak for itself," Fuschino said.
Greg Adomaitis may be reached at gadomaitis@njadvancemedia.com. Follow him on Twitter @GregAdomaitis. Find the South Jersey Times on Facebook.