David Creato Murder Trial: Testimony Revised Concerning Cell Phone Use

HADDON TOWNSHIP, NJ — A witness from the FBI amended his previous testimony about David “DJ” Creato’s cell phone use the night his son disappeared as the trial in the suspected murder of 3-year-old Brendan Creato resumed on Tuesday, the Courier Post reports. Previous testimony indicated that Creato’s cell phone was not used at all the night his son disappeared. On Tuesday, it was revealed that there was data access every hour between 10 p.m. on Oct. 12 and 6 a.m. on Oct. 13, 2015.

However, FBI Special Agent William Schute reiterated his previous testimony that the phone was not detected in the park in which the toddler’s body was found, according to the report. Schute also acknowledged under cross-examination that data usage can occur in the background, without use by a person.

Brendan Creato was last seen shortly before 9 p.m. on Oct. 12, 2015, when his grandmother dropped him off at his father’s apartment. At 6 a.m. on Oct. 13, 2015, Creato reported his son missing. Three hours later, the child’s body was found on a rock near the Cooper River.

Creato is charged with first-degree murder and second-degree endangering the welfare of a child in his son’s death.

Schute revised his testimony on Tuesday due to an email he received on Saturday, showing the full extent of Creato’s cell phone use that night, according to the report. Schute said he was previously unaware of this email, and that it was too large for the FBI’s computer servers to handle, so it disappeared.

Evidence showed that Creato logged into the social media accounts belonging to his then-girlfriend Julia Stensky, CBS 3 reports. He read messages she received from friends at college on Facebook, as well as several Snapchat stories.

Assistant Prosecutor Christine Shah has made the argument that Creato killed his son because Stensky, who was in college when they were dating, didn't like children. Stensky previously testified that she didn't like when Brendan Creato was around, but also said she didn't ask Creato to kill his son. She is also not charged in the murder because there is evidence she was on campus at Pace University the night Brendan disappeared.

Creato's phone also included a photo of the area in which the child's body was found, taken on Oct. 11, 2015, according to philly.com.

This area has been described as "spiritual" to the elder Creato, who has even suggested his son was lured to that spot by a spirit, according to earlier testimony from the boy's mother.

The trial resumed Tuesday morning after a recess of nearly a week so Judge John Kelley could participate in an education course. Testimony will resume Wednesday.

Attached image: Defense Attorney Richard Fuschino Jr., left, representing David "D.J." Creato Jr., speak during Creato's trial, Wednesday, May 3, 2017, in Camden, N.J. Creato is accused of killing his 3-year-old son in October 2015. ( Jessica Griffin /The Philadelphia Inquirer via AP, Pool)