Motive is Key for Prosecution in David Creato Case, Legal Analysts Say

The case against David “DJ” Creato in the death of his three-year-old son Brendan is built largely on circumstantial evidence.

Creato’s attorney, Richard Fuschino Jr., has called the case “weak,” and former federal prosecutor Rocco Cipparone told philly.com it’s “not the strongest case I’ve ever seen.”

Creato has not confessed and there are no witnesses. Furthermore, there is no specific cause of death.

Assistant Prosecutor Christine Shah has used the phrase “homicidal violence of unknown etymology.”

Brendan Creato had a bruise on his neck and was suffering from a lack of oxygen that can be caused by smothering or drowning.

A grand jury this week returned an indictment charging the 22-year-old father with first-degree murder and second-degree endangering the welfare of a child in the death of the 3-year-old.

David Creato reported his son missing the morning of Oct. 13, and a few hours later, Brendan Creato’s body was found in wooded area off South Park Drive in Haddon Township.

Circumstantial evidence includes the fact that the spot in which Brendan Creato’s body was found was a favorite of David Creato, who allegedly took his 17-year-old girlfriend there between 20 and 30 times in the 3-4 months they were dating.

The motive laid out involves his girlfriend, who has been vocal about the fact that she dislikes children. The prosecution says David Creato’s paranoia about losing her motivated him to kill his son.

Cipparone told philly.com that “motive is key,” and without motive, the whole case can fall apart.

Haddonfield attorney Glenn Zeitz told philly.com David Creato’s state of mind may become a basis for the defense.

He said the 9,478 text messages exchanged between the two show a certain state of mind, and that he may be in the middle of an emotional breakdown, according to the report.

Furthermore, Fuschino pointed out that the prosecution bears the burden of proof, according to the report.

But Rutgers Law School Director of Trial Advocacy J.C. Lore said cases can be built on circumstantial evidence. Burlington County First Assistant Prosecutor Raymond Milavsky said circumstantial evidence can be as compelling as physical evidence.

Late last year, Kyle Crosby pleaded guilty to aggravated manslaughter and hindering apprehension in the death of his wife. That case was built on circumstantial evidence that included text messages he exchanged with his mother that authorities said implicated him in the crime.