Trial Date Set in David Creato Murder Case

Haddon Township, NJ -- The murder case against Haddon Township man David Creato in the death of his 3-year-old son Brendan Creato can proceed to trial, which is now set to begin Oct. 3, the Courier Post reports.

Judge John Kelley also ruled that evidence collected from Creato's cell phone is admissible for use during trial, according to the report.

The ruling was made on a day in which a video was shown in court that depicts Creato screaming out and crying when police told him his son was found dead, philly.com reports.

During the course of the video, Creato repeatedly asks if there are any updates concerning the whereabouts of his son, whom he had reported missing around 6 a.m. on Oct. 13. When investigators finally told him his son was found dead, David Creato paused before he said "No, no, no, he was my best friend," according to multiple reports.

Assistant Prosecutor Chrstine Shah argued that pause shows that Creato actually knew his son was dead before police officers told him, according to the Courier Post. The lead investigator, Det. Michael Rhoads took the stand to testify.

Brendan Creato was found dead, partially submerged in the Cooper River in Haddon Township, around 9 a.m. the same morning.

Creato’s attorney Richard J. Fuschino was looking to prevent the video of the interview from being played in court, arguing that investigators never told his client he was a suspect in the investigation, and that he wasn’t mirandized properly.

Kelley ruled that it was clear Creato was aware of his rights during the interview, according to the Courier Post.

Tuesday’s hearing was the continuation of last month’s hearing in which Kelley denied Fuschino’s motion to dismiss the case because the medical examiner didn’t properly investigate the scene.

At that time, Kelley described the day as a “fluid situation” in which police were gathering facts about the case, and a person doesn’t have to be read their Miranda Rights before police search their phone.

Creato told detectives they could search his phone, and even pointed out the device had a GPS tracker so they could see where he was at all times.

Police say they found thousands of text messages exchanged between Creato and his girlfriend in Creato's phone.

Creato was at the Haddon Township Police station until 9 p.m., but wasn’t charged and was permitted to leave.
He was indicted on Jan. 12.

David Creato has been indicted on charges of first-degree murder and second-degree endangering the welfare of a child in Brendan’s death.

The prosecution alleges David Creato killed his son because he was paranoid about losing his 17-year-old girlfriend, who was vocal about the fact she didn’t like children.

Creato has remained in jail on $750,000 bail since he was indicted in January.