Jury In David Creato Murder Trial May Visit Scene Where 3-Year-Old Was Found

HADDON TOWNSHIP, NJ — Jury selection in the trial of a Haddon Township man accused of murdering his 3-year-old son begins next week, and that jury will be permitted to visit the site where the body of Brendan Creato was found in 2015, according to published reports.

Assistant Prosecutor Christine Shah’s motion to allow the jury in the murder trial of David Creato to visit the scene was granted by Judge John Kelley on Wednesday.

However, certain issues must be resolved first, including whether or not each juror will be able to walk through the woods, philly.com reports.

Shah hopes to prove there was no way Brendan Creato could’ve walked from his father’s home to a stream that feeds into Cooper River where his body was discovered on Oct. 13, 2015.

David Creato’s attorney Richard J. Fuschino Jr. opposed the motion, saying fallen trees and a change in seasons has dramatically changed the landscape, according to the Courier Post. Shah said crews could remove the fallen trees, and that she would like to have the jury walk the trail at night.

Fuschino also expressed concern that a memorial set up near the scene in memory of the child might influence the jury's decision, according to the report.

Brendan Creato was last seen at his father’s house when his grandmother dropped him off at about 8:15 p.m. on Monday, Oct. 12. The following morning, David Creato reported his son missing, calling 911 and telling authorities, “I just woke up and my 3-year-old’s missing,” meaning the child would’ve had to have navigated the trail at night.

His body was discovered by police shortly before 9 a.m. on the morning of Oct. 13. Investigators concluded that his body was placed there because his socks were clean when they found him, and two investigators who walked the trail in just their socks the following day walked away with dirty socks.

Kelley also approved Shah's motion to have Creato's statements made to police when he was taken to the police station admitted as evidence, according to nj.com.

Fuschino reportedly didn't fight this motion on Wednesday, despite his previous objections.

Jury selection will begin on Tuesday morning, April 18, according to the Philly Voice.

David Creato was indicted on charges of first-degree murder and second-degree endangering the welfare of a child in the death of his son on Jan. 12, 2016, three months after his son’s body was first discovered.

The prosecution accuses David Creato of killing his son because his girlfriend, a college student, didn’t like children. Its evidence includes 9,478 text messages exchanged between the two, and legal analysts have said motive is a key part of the prosecution’s case. They also believed David Creato’s state of mind could become a basis for the defense.

Patch file photo