D.J. Creato's relationship with his girlfriend was part of the prosecution's explanation of what may have led to the death of 3-year-old Brendan Creato. Watch video
CAMDEN -- A summer fling on the fritz, thousands of text messages and a strong "dislike" of children.
When the Camden County Prosecutor's Office laid out its case against David "D.J." Creato, a magnifying glass was held right over top his occasionally rocky relationship with a 17-year-old Pennsylvania native.
"Despite her strong and outspoken dislike of children, [Creato] entered an intense romantic relationship with her," Assistant Prosecutor Christine Shah said Tuesday of the 22-year-old's time spent with a New York college student previously identified as Julia "Julie" Spensky.
On Wednesday, Creato's attorney said that quarrels between his client and girlfriend were more rooted in the stumbling blocks young lovers face than those seemingly posed by a toddler in the way of something more.
'Mounting pressure'
Creato, 22, was arrested Monday and charged with first-degree murder and second-degree endangering the welfare of a child in the Oct. 13, 2015 mysterious death of his son, Brendan. He remains behind bars on $750,000 bail.
In mid-December, Camden County's medical examiner ruled Brendan died as a result of "homicidal violence" by reason of exclusion from drowning, asphyxiation or blunt-force trauma. Physical affects due to a lack of oxygen that were detected in the boy's brain could have been caused by asphyxiation, drowning or strangulation.
Philadelphia-based attorney William Brennan, who is representing Creato's parents said the couple "are devastated by the death of their grandson and indictment of their son."
"They continue to stand by their son," Brennan said, adding that the couple were "pleased" that bail was reduced from $1 million, but are "working people" who are "attempting to pool their resources ... It's a tall mountain to climb."
On Wednesday -- three months to the day after Brendan's partially submerged body was found in a stream near the Cooper River -- attorney Richard J. Fuschino Jr. elaborated that he was surprised Creato was being charged based upon the what was revealed in the arraignment.
"To say that the case is circumstantial but compelling, I couldn't disagree more," Fuschino said Tuesday, noting that what his client is accused of is "horrific," but the reasoning is "weak."
So how did Creato go from not being a suspect, as Fuschino stated in an Oct. 21, 2015 interview, to being indicted by a grand jury and walked into a courtroom with a chain around his waist?
"I think Shah addressed how long and how involved the investigation was, but I expressed concern about mounting pressure as opposed to an actual determination of what happened," Fuschino said. "I was surprised anyone was charged based on what the prosecution explained in court."
Asked about Spensky, Fuschino said he did not want to comment on evidence, but relationship issues between a 17-year-old and 22-year-old are not out of the ordinary.
"These were problems that were based on common girlfriend-boyfriend problems -- not on D.J. having a son, as I said in court," Fuschino said.
'Teenage threats'
Creato and Brendan's mother, Samantha Denoto, were high school classmates. Brendan was born on June 1, 2012 and the two -- both Haddon Township residents at the time of the boy's death -- lived separately and shared custody of their son.
Denoto, her partner Matt Holshue and others walked briskly from the Camden County Hall of Justice after Tuesday's arraignment without comment.
Creato and Spensky began dating in June 2015 after meeting via Tinder, a mobile phone dating application. Problems began to pop up three months later when Spensky, who is being represented by New York attorney Joseph Sorrentino, went away to the Empire State for college and the two could only see each other on weekends.
Sorrentino did not respond to a message seeking comment left Wednesday morning. Although prosecutors did not name Spensky in court, as she is a minor, a person who answered the phone at Sorrentino's Staten Island office confirmed her name after asking what the call was regarding.
According to a screenshot of one of Spensky's postings provided to NJ Advance Media, she would later say that she was a possible suspect in a homicide investigation. The prosecutor's office has declined any comment beyond those made in open court as not to jeopardize the case.
According to Shah, the girlfriend's "teenage threats" included not coming to visit because she was going to make plans with her family -- just as Creato was doing with his. And, if she did for some reason end up in Haddon Township, it was so the two could break up in person and to grab her Christmas lights.
Shah said in court that Spensky and family have not been cooperative with investigators.
"All seemed well" after Creato took his girlfriend to the train station the day before Brendan's death night so she could return to New York for school, Shah said.
All was not well however, and forensic examinations of Creato's cell phone revealed a struggle to keep things together. According to Shah, the two exchanged 9,487 text messages between June and the day Brendan's body was found.
In the weeks leading up to Brendan's death, Creato learned about a classmate of Spensky's whom he felt was getting a little too close. That Monday night, he allegedly accessed his girlfriend's Snapchat and Facebook accounts to see what was going on.
At 8:30 p.m. on Oct. 12, 2015, Creato's mother and sister brought Brendan over already in his pajamas and slippers to spend the night. They left 20 minutes later and Creato told investigators he went to bed around 10 p.m. According to Shah, he last accessed his girlfriend's Snapchat account at 1:37 a.m.
Fuschino, responding to the case as it was presented by prosecutors, noted that there was no activity from shortly after 10 p.m. until the actions just before 1:40 a.m. At 6:07 a.m., Creato would call 9-1-1 to report his son was missing.
Creato told investigators that he was jealous and suspicious of his girlfriend, who said she was going to bed early because she had a test the next day. He also felt like he was going to lose his girlfriend, Shah said, "and there sleeping in the next room was the primary source of his girlfriend's hateful discontent with this relationship."
Greg Adomaitis may be reached at gadomaitis@njadvancemedia.com. Follow him on Twitter @GregAdomaitis. Find the South Jersey Times on Facebook.