Prosecutors Call Motion to Dismiss Charges in David Creato Case "Absurd"

Haddon Township, NJ -- Prosecutors have called the argument being made by Richard Fuschino Jr. to have charges against his client, David “DJ” Creato, dismissed “absurd,” the Courier Post reports.

Prosecutors made the statement in their response to the motion requesting charges be dropped against Creato in the death of his 3-year-old son, Brendan, according to the report.

Fuschino is attempting to have charges of first-degree murder and second-degree endangering the welfare of a child dismissed because Camden County’s medical examiner failed to report to the scene for five days after Brendan Creato’s body was discovered in October.

Creato also allegedly wasn't read his rights or told he was a suspect in the murder investigation.

The prosecutor's office counters by saying the New Jersey's State Medical Examiner Act was not violated, and evidence was collected from the scene properly and immediately, according to nj.com.

Fuschino argues that Creato's family had retained Fuschino to represent the father, but investigators didn't say this during their interview, according to the report. Instead, they asked if he wanted them to, but reiterated it wasn't necessary because he wasn't a suspect.

A hearing on the motion to dismiss charges is scheduled for Monday, May 16, in Camden, according to the court.

Brendan Creato’s body was found in a wooded area off South Park Drive in Haddon Township around 9 a.m. on Oct. 13, three hours after his father reported him missing.

Creato was indicted three months later.

David Creato has pleaded not guilty, but has remained in jail on $750,000 bail since his indictment.

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.

His girlfriend said via Tumblr that she was concerned she might be a suspect in a “homicide investigation”in the weeks following the discovery.

Brendan Creato’s mother, Samantha Denoto, also lives in Haddon Township.

Christine Shah, an assistant county prosecutor assigned to the homicide unit, is handling the prosecution.