Your comments: N.J. dad's charges challenged in tot's death

David "D.J." Creato is facing a first-degree murder charge.

HADDON TWP. -- The lawyer for David "D.J." Creato is challenging the charges against his client after 3-year-old Brendan Creato was found dead last October.

Attorney Richard J. Fuschino Jr. said Creato wasn't read his rights when interviewed by authorities not long after Brendan's body was found near the Cooper River. Also, Fuschino contends a medical examiner did not inspect the scene until five days after the death -- and long after Brendan's body had been removed.

Here's what some NJ.com readers had to say about the most recent development in this case.

JW: "Was he in custody when they interviewed him? Or was he free to leave? If he wasn't under arrest or deprived of his freedom, Miranda (rights) isn't necessary unless there's custody with the interrogation. The treatment of the scene is another issue altogether. But then again, I don't know their protocol."

clancy: "Looks like [law enforcement] fouled this up by not getting the [medical examiner] or Assistant Medical Examiner to the scene. Hopefully it won't be enough to get the charges tossed."

Dad indicted

justintime73: "I can't believe on a case that was as 'high profile' as this one that the medical examiner would have made this kind of error and how could the medical examiner's report include details of the position of the body at the scene if the medical examiner wasn't there until after the body had been removed? The mdical examiner's report was second-hand information?"

Bonniegirl: "That's a huge problem [regarding Brendan's body being removed from the scene]. What was this detective thinking? It's cops 101 that nobody touches a body, not even for identification purposes, before the medical examiner gets there. This is going to stink if he gets off on these filings. The other huge problem is, if cops suspected him of murder, they have to read him his rights even though he went in voluntarily."