Prosecutor: Creato defense argument 'absurd'

CAMDEN - Prosecutors say the lawyer for a Haddon Township man accused of killing his 3-year-old son is using an “absurd” argument in a bid to have a murder charge dismissed.

Camden County prosecutors made the comments in response to motions filed last month by Richard Fuschino Jr., the attorney for 22-year-old David Creato Jr.

BACKGROUND: Full coverage on Brendan Creato

Fuschino, who declined comment on the prosecutors’ filings, last month asserted investigators had failed to read Creato his rights before questioning him after the October death of Brendan Creato.

He also said the medical examiner took days to examine the Cooper River Park scene where the boy's body was found.

A hearing in the case is set for 1:30 p.m. Monday,  May 16, before Superior Court Judge John Kelley.

Authorities allege Creato killed his son Brendan, then reported the child as missing in a predawn call to a 911 operator. Emergency personnel and community members searched for about three hours before the boy's body was found in a Cooper River park several blocks from his Westmont home.

At a hearing in January, Assistant Prosecutor Christine Shah presented a circumstantial case against Creato, who is also charged with endangering the welfare of a child.

Among other points, she said Brendan Creato "did not under any circumstances walk" from his home to the park. Shah said the boy's socks were "perfectly clean" when he was found in a muddy area, and that relatives described the child as being afraid of the dark.

At the same hearing, Fuschino described the prosecution's case as "weak."

Prosecutors have said the boy suffered "homicidal violence." They say Creato killed his son because the child was impeding his relationship with a teenage girlfriend.

The Haddon Township man remains jailed on $750,000 bail. He has pleaded not guilty.