Philadelphia-based attorney Richard J. Fuschino Jr. said investigators have been working around the clock since last Tuesday's tragic discovery.
HADDON TWP. -- Eight days after Brendan Creato was found dead and one day before the 3-year-old's funeral, the lawyer for father DJ Creato said his client is not a suspect.
Philadelphia-based attorney Richard J. Fuschino Jr. said Wednesday that detectives from both the Haddon Township Police Department and the Camden County Prosecutor's Office have hold him that Creato, 22, is not suspected in having played a role in the toddler's death.
"(Investigators) told me that the day of the disappearance," Fuschino said, adding that Creato retained a lawyer last Tuesday, the day the child was found dead, at the suggestion of family and friends. "I've been in since day one."
In their first statement since Brendan's body was found, the Camden County Prosecutor's Office on Wednesday said they're still investigating.
"It's a complicated process and when you have a situation of a missing person that becomes a deceased person ... it's a complicated process. Not everyone's used to this," Fuschino said, noting that Creato had a lengthy interview with investigators immediately after the incident without a lawyer present.
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Brendan was reported missing by DJ Creato at around 6 a.m. last Tuesday when he called 9-1-1 to report the incident. Creato said his son must have unlocked the doors -- which include both an apartment door and building door -- and left. The toddler's body was found in a wooded area near the Cooper River roughly three hours later. Family friends maintained DJ Creato's innocence at a candlelight vigil held after dusk last Tuesday.
An autopsy performed last week proved inconclusive and investigators await the results of a toxicology test, which could take weeks.
There is no evidence of any forced entry into Creato's apartment and there was also no indication the boy was sexually assaulted, CCPO spokesman Andy McNeil said in a statement released Wednesday afternoon.
"Residents should be aware that detectives will continue to be present in the Haddon Township area as the investigation continues," McNeil said in the statement. "Both agencies are aware of the public's concerns. We appreciate the community's cooperation."
Fuschino said he has not spoken with anyone from the Samantha Denoto, the mother's side of the family, but Creato and Denoto had an "amicable relationship" and Brendan's joint custody was not court-ordered.
"Up until now, a fine and good relationship," Fuschino said when asked about the terms the Creatos and the family of Denoto were on.
Fuschino said he will be available to advise DJ Creato as the case progresses.
The private funeral for Brendan is scheduled for Thursday at the Blake-Doyle Funeral Home, in Collingswood. The family requested no additional information regarding the service be made public.
Greg Adomaitis may be reached at gadomaitis@njadvancemedia.com. Follow him on Twitter @GregAdomaitis. Find the South Jersey Times on Facebook.
