Start date set for dad's murder trial in toddler's death (VIDEO)

The defense is still gathering evidence to exonerate David "D.J." Creato Jr. Watch video

CAMDEN -- David "D.J." Creato Jr.'s murder trial will begin early next year, a conference hearing Monday before Camden County Superior Court Judge John T. Kelley determined.

The trial to begin on Jan. 9, 2017 will see Creato, 23, defend himself against charges of first-degree murder and child endangerment in the death of his 3-year-old son Brendan, whose body was found near the Cooper River this month last year.

"That will be a firm start date," Kelley told Creato defense attorney Richard J. Fuschino Jr. and Camden County Prosecutor's Office Assistant Prosecutor Christine Shah during Monday's extremely brief hearing.

The reason for the delay, according to Kelley, was the defense "still preparing" its case. Outside of the Camden County Hall of Justice, Fuschino explained he's "still conducting our investigation" and awaiting information from a forensic medical examiner.

Creato rejects plea deal

"It's a shame. It's a shame for this father who now stands accused of a crime he didn't commit," Fuschino said of the case against Creato, whom authorities argue killed his son to continue a relationship with a then-17-year-old college student who disliked children as well as Creato's continued contact with the boy's mother.

"This isn't something you do lightly," Fuschino, who previously failed to get the charges against his client dismissed, said of preparations. "We don't want to be hasty. We don't want to rush this ... this is a serious as it gets."

Creato was arraigned in January and has been held on $750,000 bail since. He reported his son missing in a 911 call around 6 a.m. on Oct. 13, 2015. Brendan's body was found approximately three hours later. The clean socks the boy had on at the time allegedly told investigators that the toddler didn't walk the roughly half-mile from Creato's apartment to the wooded scene where his body was found.

A specific cause of death was never determined, but "homicidal violence" by way of blunt-force trauma or asphyxiation was eventually concluded following autopsies and a toxicology test.

"Talk to him every day," Creato's father, David Creato, said outside of the courthouse following Monday's hearing. "It's hard for him."

"Brendan was a very loving kid," he continued. "He was loved by many."

To mark one year having passed since Brendan's death, Lisa Creato, the 23-year-old's mother, said the community is invited to a memorial mass for the toddler at the Holy Saviour church, in Westmont, on Oct. 15 at 5 p.m.

Also in attendance Monday was Samantha Denoto, Brendan's mother, and her boyfriend. They left the proceedings without comment.

Creato rejected a 35-year plea deal at a June hearing that included recordings of his interview with police the day Brendan was found dead. If convicted, he could spend life in prison.