GUILTY NJ - Brendan Creato, 3, found dead in Cooper River Park, 13 Oct 2015

  • #561
  • #562
She sounded very self-centered, given the fact that a small child was found dead. There's not one mention of poor Brendan -- only the impact of his death on HER. Very immature, even for a 17 year old. JMO


Do you guys know what part part of day 3 the stuff about the girlfriend is in on the youtube videos?
 
  • #563
LC testimony
1. Prosecution brings up Taddle the Rat again then switches gears to asking where DJ worked.
2. DJ's car broke down and was parked at mom's
3. DJ was using cousin's truck that weekend.
4. Friend K and girlfriend came to visit DJ that weekend (along with Julie)
5. DJ had plans for the weekend to spend time with his friends.
6. LC had Brendan on Saturday, took him to the zoo and pulled him around in a wagon (typical transport method for him)
7. DJ picked him up at 10am sunday.
8. LC last saw him Monday night around 7 or 8 when he was dropped off to get a bath.
9. SC bathed him, then carried him over to DJs in pajamas and mickey mouse slippers with a change of clothes and was to be dropped off at school in the morning (Tuesday)
10. LC put his coat on him on the way because he complained of the cold
11. Downstairs door was unlocked. LC could also pop the lock with a screwdriver to get in.
12. No one was home when they got there.
13. LC put the clothes on the table, hung out awhile and left around 8:45 after DJ arrived
14. (the above statements do not jive with one another and I felt mom was really uncomfortable here)
15. Pictures of his pajamas and one slipper shown (on evidence table)
16. LC met DJ as he ran around the front of the building. She told him to call 911
17. 911 call played - LC is the woman in the background of the call
18. LC searched the apartment, around the block, her house
19. On cross, LC states Sara gave Brendan a bath for about 20 mins while she was downstairs. That bathroom hadvery recently had the paint, tile and bathtub remodeled.
20. She and Brendan went to the park often with the dog
21. DJ's apartment door would be unlocked. LC said the top part would lock but the door could still be opened.
22. LC took care of the pets over the summer months prior to this, and that is when she would pop the bottom door with the screwdriver. She had a key for the apartment.


K9 Officer Testimony
1. Goes over K9 duties
2. Explains training
3. Explains special training for Kalin, the K9. Kalin specializes in article search, criminal apprehension and tracking (air scent)
4. Kalin was called out at 7:21am Tuesday morning
5. Officer breaks down in tears when describing he jacket she wore and how she thought shed bring it in case they found brendan to keep him warm, but left it in her car as it is hard to work with the dog while wearing it.
6. They used his red slipper as a scent anchor for the dog (the slipper was brought from the apartment by Det. Quinn
7. Officer explains how they start at the apartment, give him the reference, then let the dog go on the lead.
8. The dog went west and behind the apartment building, coming out onto Virginia, went a few blocks to a cross-street, and continued on to the park. He pulled her into the treeline and across an open field and down a small footpath towards a creek.
9. They found Brandon about 20feet up the creekbed behind the stump end of the tree you see here:
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  • #564
  • #565
Is it the full walk though? I thought they were just being shown the spot his body was found, more to solidify how impossible it is that the bottom of his socks were clean.

Many of the media reports over the past two weeks (i.e. since the judge made the decision to allow the jury to do the walk) stated that it would be a full walk through of the half-mile trip from DJ's house to the creek. That's what prompted my post re: concerns I had about how accurate a re-creation it could be. But the judge today at the lunch break called it a "site visit" for the jury to take in the location where Brendan was found, suggesting that the jury is only going to the wooded area. It still isn't 100% clear to me which it is, and since the media is barred from the trip I'm not sure if we will get clarification or not.

If anyone knows for sure which is taking place, I'd appreciate it.
 
  • #566
Greg Flosa (emergency response team) (day 2 pt 2)

1. He is a volunteer firefighter but also manages the property where DJ lived.
2. Received dispatch at 6:10m
3. Was called out personally by Fire Dept Chief around 6:15am
4. Handed over keys to the building
5. Was asked to search the basement
6. The basement is split between the two sides of the duplex. They can only be accessed by locked bilco doors.
7. The exterior doors for the apartments are solid wood with deadbolts and a locking knob.
8. The outside doors into the building have a spring hinge (they close automatically)
9. When DJ moved in the apartment, doors and locks were in newly renovated condition. A video walkthrough was done to verify the condition. Prosecution plays this for the jury. (or tries to, they seem mystified by the video player)
10. Prosecution has him verify the lease document DJ signed and the lease inspection.
11. Both DJs door and his neighboor have a single key to open the deadbold and knob locks on their respective doors. Both doors have a spring hinge
12. He was advised there was a problem with locks on the doors a couple weeks after this happened by DJ's father.
13. He had never been notified of a problem before that.
14. When he arrived on the 24th to show an apartment, he knocked on DJ's door and it swung open/wasn't latched. Prosecution plays video taken by GF demonstrating.
15. He says there was damage around the edges of the lock and latch, scratches etc
16. As he left, he saw DJ with what he assumed was his girlfriend coming home via the back.
17. He was prying the back door open with a credit card
18. GF let him in
19. GF reported all this to LE
20. He provided signed consent to LE to photograph and document. DJ had moved out already when this was done (photos shown to jury - the damage is obvious and significant on outside and inside doors)
21. On cross, confirms DJ was often late with his rent or his parents paid it.
22. Confirms he would have charged DJ for the damage if DJ had called him about it
23. Confirms DJ signed the inspection
24. Confirms contractor had access to the building during renovations
25. The lock installation was done by the contractors.
26. Confirms the key for exterior door only fits that door and all the keys are different.
27. No he did not try all the keys in all the locks to confirm they couldn't open the other doors.
28. There was still work being done in some parts of the building when DJ moved in.
29. on rebuttal, prosecution has GF confirm DJ worked for Creato Windows & Doors.
 
  • #567
Did anybody else see how filthy the socks were from the walk the test child did? Trial watchers (including the media) were not allowed to view the photos of Brendan's actual socks from the crime scene, but the jury did. If Brendan's actual socks were as clean as the prosecution alleges, that will be powerful evidence that he did not walk to the creek that early morning.

I found it very disturbing to hear that Brendan's pajama neck collar and waistband were both stretched out as if they were used as handles to transport him to the site (explaining the socks remaining clean). That's just awful if true. Poor Brendan.

The defense has yet to cross-examine the detective about the sock evidence. I am predicting two lines of attack. One, Brendan was found with his feet submerged in the stream, and the running water could have cleaned some of the dirt off of his socks, making them look cleaner than they had been when he first got there. Two, the test child wore the socks over her shoes, which could have caused extra weight pressing the socks down into the dirt as she walked, and also caused extra wear and tear on the socks.

All JMO
 
  • #568
(Day 2)

Steven Lizzari
Saw guy with suitcase walking near the apartment that morning and reported it to police.


Joseph Richie (the suitcase guy)

1. Lives on Virginia Ave near DJ's apartment
2. In Oct 2015 he would walk to the train station every morning around 6am to get to uni
3. He pulled his books in a wheeled backpack
4. He went to school that morning and didn't notice anything
5. He remembers that morning because when he got home there were cops and media everywhere
6. Prosecution introduces surveillance of JR and shows photos to jury

Christopher Bradley

1. Lived in 103B in DJ's apartment with his son (10 at the time?)
2. Was given building key for main entrance, mailbox key, and apartment key
3. Confirms all the keys were different
4. Lived with his son, moved out Sept 5th 2015
5. Returned keys to landlord
6. Never copied keys
7. Never had issues with locks or latch
8. Only had a problem with the spring hinge, but it was fixed by John, the contractor doing the renovations (he guesses around May 2015)
9. Always locked the doors by the knob
10. DJ moved in about a month after him in April 2015
11. Was aware of Brendan and met him
12. Never had issues with his door or outer door (other than already stated)
13. On cross, confirms renovations still in process when he moved in
14. Confirms John had keys
15. Confirms they were working on the opposite side of the building
16. Didn't get to know DJ but knocked on his door to swap the videophone for the doorbell and his girlfriend answered.
17. Confirms he did hear DJ yell at Brendan but nothing he thought was abuse or warranting a 911 call

Det. Joe Grosick

1. CSI
2. Has investigated over 80 homicides
3. Processed apartment twice, truck and two bags of trash
4. He began around 4pm with 3 suspected blood stains, one in the bedroom, on the bathroom doorframe, and on the bathroom floor.
5. The apartment was heavily cluttered, things pulled out of closets and bed on its side when he got there.
6. Found a bloody tampon in the bathroom trash can :yuck:
7. Shows photos to jury of blood stains with positive test swabs
8. Shows full set of CSI photos of the apartment. point of interest is the inside of DJ's apartment door had a broken chain lock but the latch was fully functional, and the sofa chair was about 2m from the bedroom door)
9. Confirms the latch was functional and engaging as well as the spring hinge
10. In one of the photos, prosecution asks him to confirm what was in a neon green container near the bathroom with what he thought was a guinea pig in it. (It was the rat)
11. Took 2 computers (laptops) and one red slipper from living room (now we know the other slipper was already with LE as the k9 scent reference so the slippers were left at home)
12. Took medicine, paperwork, another computer (laptop) and a comforter with suspected blood stains on it
13. Opens the slipper envelope with gloves to be moved into evidence
14. Confirms both slippers are now in evidence and the other one was with the k9 unit at the time
15. Opens envelope with ziploc bag full of meds to be moved into evidence
16. Searched truck - all the doors were open and tailgate down when he got there. It was parked the wrong way on the street and was heavily cluttered.
17. The kitchen trash had been taken out so he took two bags from the building trash
18. When he left, he locked the doors and secured the scene
19. Takes jury through more photos which we aren't shown. Photos of the slipper, comforter, trash can, truck. (Keep in mind, mom testified that DJ's truck was boken down and parked at her house.)
20. There was a check in the center console
21. Second time he was called out to help homicide serve search warrant to search for anything resembling a wheeled bag or suitcase.
22. DJ was in process of moving out already
23. Collected 6 bags, 2 pillows, 2 comforters
24. Photos shown of these and the trash collected
25. Pillow did not test positive for blood
26. On cross, defense drills him about the trash. The detective cannot say exactly when the trash was taken out to the curb but can confirm it was DJ's.
27. Confirms no shoes were taken on the 13th. Det. will not confirm if he knew where Brendan was found or details of that scene before he processed the apartment - says there is a window of time for communication to occur.
28. On rebuttal, prosecution has detective confirm blood found on floor was DJ's. Defense asks if he can confirm when the blood was put on the floor, det says no.
 
  • #569
I think the decision to have the jury walk the route from DJ's house to the creek is very interesting.

The prosecution has called this walk "pivotal" to show the jury how unlikely it would be for a 3 year old to walk the length of the half mile route and to find the secluded path into the woods all by himself. I can see why the defense opposed it, and to my mind it is somewhat problematic legally. First, we do not know the exact route Brendan (alone or with a killer) would have taken, so the jury walk could be misleading if the jury unwittingly walks the wrong route. Second, we don't even know that Brendan got there by foot -- if a killer carried him or took him there by some other means, then the jury walk as an exercise to put themselves "in Brendan's shoes" would again be misleading. The visceral nature of "recreating" the walk could cement a scenario in the jury's minds that simply never happened.

But the jury walk is not without pitfalls for the prosecution either. I have to assume that the walk will take place during daylight hours, not in darkness like it would have been for Brendan. Walking the route in the daylight might make it seem to the jury more navigable and less scary for a small child than it really would have been. Also, the jury of fully grown adults will walk the route using fully adult strides, adult cognition and adult balance/coordination -- not those of a small child. This dichotomy might also give a false impression to the jury that the walk was more manageable for Brendan than it really would have been.

Just my thoughts for today -- all JMO.

IIRC Creato drew a map for police of how he walked to the park with brendan 'in the past'. Assuming that's the route the child would repeat to go 'to the park' on his own. Be sure to look at the x he placed on the map where said he took Brendan and compare it to the other x at the top of the map where he indicated he was with his gf Julia just the day before. He took the the photo, that police found on his phone, at that location where his son would be found. Who takes a photo of crime scene the day before the crime happens? The killer, that's who.
 
  • #570
Day 3

Det. Michael Rhodes

1. Homicide unit
2. Trash truck was in the parking lot of the apt building as he had put out a notice to stop trash pickup
3. Goes through security of evidence
4. Interviewed DJ to get some background info and statement. Did not mirandize him at that time.
5. DJ consented to a search of his cell phone
6. Plays recorded interview for jury

This is hard to hear because of what sounds like a vacuum cleaner so the following is what I could hear for sure: (begins 23:00 here [video=youtube;4zFWuo1hWGA]https://www.youtube.com/watch?v=4zFWuo1hWGA[/video])
When the video opens, DJ is sitting alone in the room for a few minutes staring at his hands in his lap. Detective peeks in and DJ asks if there is anything yet, Det. says no, then DJ exclaims "but so much time has passed! It's been 3 hours!" and the detective assures him they are on it. DJ begins crying and frantically talking, sobbing He is visibly distraught and freaking out for the next few minutes while the detective works to calm him down. When Det. leaves, DJ blows his nose and is still crying, then sits with his hands in his pockets and continues to break down. LE comes in and asks about Julia, says they'll reach out to her. More LE come in to assure DJ they are working on it.

(note by now they have found Brendan and know it is a homicide, and aren't telling him)

When Det. leaves the room again, DJ is sobbing. Det. comes in to ask if his cell phone does text or calls or both, DJ confirms both. (??) Captain says he is there if DJ wants to talk, then steps out.DJ sits alone for about 10 minutes, blows his nose a couple times and seems to calm down. The detective comes back in and takes DJ through what happened again - DJ asserts he went to sleep, the door was shut, he always shuts it. The detective says "we could be freezing out there." DJ continues to talk about how Brendan would try to come into his bed at night and that's why he shuts the door. Detective asks about the chair, DJ says he used to have a pull out but now has the (chair). This part is unintelligible as they talk over each other. The detective explains that the door wasn't broken into. DJ says if he had just wandered off, they would have found him by now, by a bush or something. The next part is unintelligible. Finally, the detective gives him a lead in about trust to get him to talk, DJ says he has nothing else to tell them. Before he leaves the room he says "things like this dont just happen"
DJ asks for some water and is sobbing in the corner. Det. comes back and DJ asks him if there are any more questions he can try to answer.

(to me, he seems cooperative, distraught, and tired)
 
  • #571
Brendan was reported missing from his home Oct. 13, 2015; DJ wasn't arrested until the 2nd week of January 2016. It was a huge shock to most people because LE had been so tight lipped for so long. Nothing should get thrown out because DJ was cooperating until he was arrested; that's when he hired the attorney.

I know the attorney is being paid to do a job but this is ridiculous. All he had to do was say he didn't want to see Brenden. Like most dead beats do. I can't imagine if someone did this to my grandson. He needs to hang

I keep tthinking of Brendens great aunt that parked next to me at my dr appt. She was talking about my grandson being so good in there and how he looked the same age as Brenden. Was right after he was found
 
  • #572
  • #573
Thank you Vail for getting all the facts and such on here. Makes it easier. I can't watch the videos right now so it's great having a "Coles"notes on the day.


Sent from my iPhone using Tapatalk
 
  • #574
Hopefully this will be my last post about the site visit. It appears from media reports that the jury took a bus directly to the woods, and did not walk the half mile there from DJ's house. But the reports also state that they the jury was then driven by DJ's house on the way back to the courthouse. I find this odd. What would driving by DJ's house accomplish for the jury? The relevance of the house, IMO, is the inside, and in particular the door, not the outside.

Also, they took the memorials down before the jury visit to the woods. I guess the reason was not to prejudice the jury into feeling so distraught over Brendan that they become more inclined to find DJ guilty to make sure someone pays for his death. But could someone on the jury get upset at the lack of memorials -- thinking that DJ (and his family) must not care about his death because they hadn't placed any memorials at the site? Maybe that's a stretch, but it did occur to me as a possible unintended consequence.
 
  • #575
Hopefully this will be my last post about the site visit. It appears from media reports that the jury took a bus directly to the woods, and did not walk the half mile there from DJ's house. But the reports also state that they the jury was then driven by DJ's house on the way back to the courthouse. I find this odd. What would driving by DJ's house accomplish for the jury? The relevance of the house, IMO, is the inside, and in particular the door, not the outside.

Also, they took the memorials down before the jury visit to the woods. I guess the reason was not to prejudice the jury into feeling so distraught over Brendan that they become more inclined to find DJ guilty to make sure someone pays for his death. But could someone on the jury get upset at the lack of memorials -- thinking that DJ (and his family) must not care about his death because they hadn't placed any memorials at the site? Maybe that's a stretch, but it did occur to me as a possible unintended consequence.

I think they went from the river to where he lived to show how far it is. They then showed the socks of the child that walked the route to show how worn and dirty they would be had he actually walked himself.

I agree, the lack of a memorial could work against DJ or the family.
 
  • #576
Day3 pt 2 continues here [video=youtube;jwJzFlOQPRc]https://www.youtube.com/watch?v=jwJzFlOQPRc[/video] and here is the tldw;


Two detectives enter the room and sit and tell DJ they found Brendan deceased. DJ freaks out, stands up and is yelling No! No! No!. (Until I can see the video for myself, it is next to impossible to judge his actions based on the court video. What I can see and hear gives me the first impression that he is genuinely traumatized by this news)
Until he says "he was my buddy I loved him so much", sits down and begins to ask what happened and where was he and it sounds off to me. Like when someone asks you how you like their new haircut and you hate it but say you love it. DJ asks "did he drown?"


Next, DJ takes them through the timeline. He knows exact times. Tells them exactly what books he read him too. He admits to trying to get ahold of Julia until late, then went to bed.
From here, DJ takes them through all of the detail and family relationships covered by the prosecution with witnesses thusfar. DJ is lucid and calm during this recounting, his hands are in his lap or gesturing and he sits leaning towards LE, turned away from the table with knees exposed(ie not hidden under the table) and pointed toward the closest detective.
DJ goes into detail about Julia and even admits he thought she was cheating on him so he was trying to ge ahold of him. He tells them she doesn't like the kid and its a point of contention, but then says she would never do anything like this, she lives in New York. Note Julia is 22, not 17.
DJ tells them about how they broke up Friday, argued all Saturday. He says he told her he loves his son and he is his life so if she cant accept that she has to move on. They came to a conclusion that they don't want to break up, and they were "fine"Monday morning when he last saw her.
He claims his mom locked the door when she left after dropping Brendan off.(how could she if she didn't have a key?)
Tells same story as Sam about the check being cashed and her dropping off money and the slip for school.
Denies any issues between them.
Denies anyone else coming over.
DJ is talking really fast now recounting the events after 6am. He went outside to look around, his mom told him to call police, he called 911...
He says one of the places they commonly walk (the park) describes how they would get there and enter the field. He then asks the detective "where was he found?" and the det. holds off on telling him and works on brings out a map on his cell phone to have DJ show him where they would walk.
Detectives leave the room for a couple minutes. DJ sits there, puts his head in his hands and cries.


(Note that earlier during the trust building speech, the detective reminded DJ he is being videotaped)


About two minutes pass before DJ bends over and begins to chant No No while hyperventilating, then gasps, "Please somebody come here, please!"


(The court camera pans to DJ who appears to be blinking back tears and is looking down.)
Detectives return after a minute and have him draw the route.
He volunteers that Julia would walk with them there, and he goes there a lot with her.
He says Brendan would not play around the apartment and he wouldn't be that familiar with Cooper St.
Brendan always wanted to be at DJ's parents house.
He would tell Brendan not to do something, sometimes he would talk back. He never struck him or hurt him, usually tells him not to do something or smacks him on the butt.
Next, Detectives ask him about Julia and the kinds of comments she would make about Brendan. (all negative and things we've heard already)
DJ reaffirms her told her he loves his son and his son will always be a part of his life.
They take him back through the fight they had Friday night.
DJ says she never hurt him (without being asked)
Det. gets consent to search the phone and makes him read it out loud. They get the phone and begin going through it in front of DJ.
DJ begins sobbing into the corner.
He called Julia 3 times Monday (which he already disclosed)
Begins breaking down and says hes "going crazy, I cant be here." whild holding his head.
Explains why he tried calling Julia 9 times the night before after 9:30pm (he was jealous, blah blah)
Det. ask how does DJ think he got out? DJ says he thinks he flipped the deadbolt and walked out. Then backs up and says he isn't sure if the deadbolt was locked or not (what happened to the kidnap theory?).
He says when they leave his apartment they use his car but he thinks Brendan knew how to get to his parents house from driving there.
He says Brendan is very comfortable around people, and this is the first time he left the apartment like this.
Det. take him back through calls. He called mom at 6:02, then 911 3 minutes later. Remember he knew Brendan was missing at 6. Det. questions why he called so fast. DJ asserts something was obviously wrong immediately and his mom got there fast. Tells his recounting of once LE arrived. The interesting this he says here is "...at one point I had to use the bathroom and couldn't go back to my apartment cuz it was a crime scene..."
Det. switch to asking about his truck. DJ babbles about how it isnt working and is parked in front of his parent's house because of an electrical problem and its off warranty and he was using his dad's truck and...
He had his dad's truck Monday night. He had driven his truck to his parents Monday (presumably he is talking about when he dropped off Brendan for his bath) and claims it stopped working after that. Then when asked what was the last vehicle he operated he said the truck (well which one?).
Anything else that might be important? He checked his snapchat as soon as he woke up.
Back to Julia - Det. has DJ confirm they met on Tinder and she is 17 (remember he told someone else earlier the wrong birth year leading them to believe she was older)
Confirms Julia was not alone with Brendan when she would stay at DJ's. Det. have him talk again about why she is never around Brendan, and the kinds of things she would say.
DJ says the doors are easy to pull open or break into


Prosecution on video to Det. Rhodes:
1. Takes Detective through map DJ drew and points out X where he was with Julia and the X where they would walk and reiterates he said he and Brendan never went to the other location. This map is so hard to see in the video I did not bother screencapping it.
2. Det. explains data extraction on phones, confirms they were still with DJ when this was going on.
3. Det. says at times he was calm, also observed his clothes and there was no visible trace of mud or other evidence of interest.
4. Det. made death notification to Sam and the Creato family.
5. Sam provided consent to an interview. She was not mirandized.
6. Took Sam's phone initially to ensure she got notification from detectives
7. Det. contacted Juila and asked her to come in
8. Got DJ's signed consent to a DNA sample. They had found two cigarette butts near the route in the park that were fresh.
9. Interviewed Julia around 4pm (also recorded). She was not mirandized. Her interview lasted about an hour. She provided signed consent to give DNA.
10. Reviewed forensic extraction from DJ's phone. Photo taken 6:32pm on Oct 11th (Sunday). GPS stamp on the photo placed it within 15 yards of where Brendan was found.
11. They also found Snapchat activity from around 4:30am Tuesday (disputing DJ's timeline that he went to bed at 10pm).
12. Opened evidence envelope with DJ's iPhone to move into evidence
13. After DJ left the station, Det. went to Sam's house to get DNA (all signed consent moved into evidence)
14. Confirms CSI would be walking the same route in the dark as the dog to get to Brendan's body.
15. Recieved information about Julia's tumblr blog. There were entries referring to DJ, his work herself and Brendan.

Julia's Tumblr ("Julia Standing")
1. "Where we are now" is read aloud (video) youtu.be/ixFhiIwntNU?t=10m47s (open break up letter in which she calls Brendan, DJ, and his exes a mistake and offers several ways he should walk away from Brendan)
2. She says in the post she offered him 200$ per month and he is refusing it.
3. She says she considers herself apathetic and "I dont relae to other people's pain which makes me not care about them". This is right after saying she hates how he doesn't open up about what is bothering him.
4. "I'm a cold person but with you it's different"
5. She claims DJ's dad "****s him over on a regular basis"
6. Next part is just putting DJ down more and asserting how little she cares when he does X or Y and blaming him for her feelings (or lack of).
7. Brings up an example of something he did that made her mistrust him (as rebuttal for him not trusting her)
8. She says she doesn't want to be tied down. She repeats this several times.
9. Post dated Sept 10. 10 weeks into the relationship before she left for college.

Det. Rhodes
1. Canvassed neighborhood the next day
2. Got video surveillance from neighbors. nothing on it
3. Met with DJ's parents to provide DNA samples (got consent)
4. Julia cancelled appointment to come talk to them about the blog. They never got to talk to her again.
5. Spoke with other witnesses and neighbors.
6. Dropped off victim services packet to Sam and asked her boyfriend to come down and provide a statement
7. Executed search warrant at apartment (second search) for the pillows and suitcases
8. Explains info from the phone company and how it differs from the phone data dump.
9. Explains phone pings
10. Contacted FBI to review phone data from providers (of DJ and Julia)
11. Got surveillance from the train station to corroborate Julia being dropped off at 6:44am Monday. Footage is played for jury of Julia walking through the station and getting on the train
12. Called the university to confirm keycard swipe times at the school. Received confirmation her card was swiped
13. Requested information for the tumblr account, and cell phone data for DJ's mom and sister
14. Collected more surveillance from neighbor and nearby businesses, shows map of relevant locations
15. Found that OnStar was not working in DJ's truck
16. Reviewed all of Sarah's social media and found nothing of interest
17. Spoke with Sam's parents
18. Spoke with DJ's parents - separate statements
19. By Oct 23rd now they were reviewing all of DJ's online activity and text messages
20. Approx 9300 texts with Julia (snapchat)
21. Interviewed Kevin Keys and his girlfriend who had been with DJ that weekend
22. CSI had conducted the test with the child walking at night from the apartment to the creek.
23. Met with medical examiner on the 22nd to better understand the medical evidence
24. By Nov 12th interviewed individuals identified through Julia's Facebook
25. Interviewed Sam again to ask her to wear a wire with DJ and she consented.


http://www.phillyvoice.com/detective-describes-interview-with-creato-on-day-three-of-murder-trial/
 
  • #577
Day3 pt 2 continues here [video=youtube;jwJzFlOQPRc]https://www.youtube.com/watch?v=jwJzFlOQPRc[/video] and here is the tldw;


Two detectives enter the room and sit and tell DJ they found Brendan deceased. DJ freaks out, stands up and is yelling No! No! No!. (Until I can see the video for myself, it is next to impossible to judge his actions based on the court video. What I can see and hear gives me the first impression that he is genuinely traumatized by this news)
Until he says "he was my buddy I loved him so much", sits down and begins to ask what happened and where was he and it sounds off to me. Like when someone asks you how you like their new haircut and you hate it but say you love it. DJ asks "did he drown?"


Next, DJ takes them through the timeline. He knows exact times. Tells them exactly what books he read him too. He admits to trying to get ahold of Julia until late, then went to bed.
From here, DJ takes them through all of the detail and family relationships covered by the prosecution with witnesses thusfar. DJ is lucid and calm during this recounting, his hands are in his lap or gesturing and he sits leaning towards LE, turned away from the table with knees exposed(ie not hidden under the table) and pointed toward the closest detective.
DJ goes into detail about Julia and even admits he thought she was cheating on him so he was trying to ge ahold of him. He tells them she doesn't like the kid and its a point of contention, but then says she would never do anything like this, she lives in New York. Note Julia is 22, not 17.
DJ tells them about how they broke up Friday, argued all Saturday. He says he told her he loves his son and he is his life so if she cant accept that she has to move on. They came to a conclusion that they don't want to break up, and they were "fine"Monday morning when he last saw her.
He claims his mom locked the door when she left after dropping Brendan off.(how could she if she didn't have a key?)
Tells same story as Sam about the check being cashed and her dropping off money and the slip for school.
Denies any issues between them.
Denies anyone else coming over.
DJ is talking really fast now recounting the events after 6am. He went outside to look around, his mom told him to call police, he called 911...
He says one of the places they commonly walk (the park) describes how they would get there and enter the field. He then asks the detective "where was he found?" and the det. holds off on telling him and works on brings out a map on his cell phone to have DJ show him where they would walk.
Detectives leave the room for a couple minutes. DJ sits there, puts his head in his hands and cries.


(Note that earlier during the trust building speech, the detective reminded DJ he is being videotaped)


About two minutes pass before DJ bends over and begins to chant No No while hyperventilating, then gasps, "Please somebody come here, please!"


(The court camera pans to DJ who appears to be blinking back tears and is looking down.)
Detectives return after a minute and have him draw the route.
He volunteers that Julia would walk with them there, and he goes there a lot with her.
He says Brendan would not play around the apartment and he wouldn't be that familiar with Cooper St.
Brendan always wanted to be at DJ's parents house.
He would tell Brendan not to do something, sometimes he would talk back. He never struck him or hurt him, usually tells him not to do something or smacks him on the butt.
Next, Detectives ask him about Julia and the kinds of comments she would make about Brendan. (all negative and things we've heard already)
DJ reaffirms her told her he loves his son and his son will always be a part of his life.
They take him back through the fight they had Friday night.
DJ says she never hurt him (without being asked)
Det. gets consent to search the phone and makes him read it out loud. They get the phone and begin going through it in front of DJ.
DJ begins sobbing into the corner.
He called Julia 3 times Monday (which he already disclosed)
Begins breaking down and says hes "going crazy, I cant be here." whild holding his head.
Explains why he tried calling Julia 9 times the night before after 9:30pm (he was jealous, blah blah)
Det. ask how does DJ think he got out? DJ says he thinks he flipped the deadbolt and walked out. Then backs up and says he isn't sure if the deadbolt was locked or not (what happened to the kidnap theory?).
He says when they leave his apartment they use his car but he thinks Brendan knew how to get to his parents house from driving there.
He says Brendan is very comfortable around people, and this is the first time he left the apartment like this.
Det. take him back through calls. He called mom at 6:02, then 911 3 minutes later. Remember he knew Brendan was missing at 6. Det. questions why he called so fast. DJ asserts something was obviously wrong immediately and his mom got there fast. Tells his recounting of once LE arrived. The interesting this he says here is "...at one point I had to use the bathroom and couldn't go back to my apartment cuz it was a crime scene..."
Det. switch to asking about his truck. DJ babbles about how it isnt working and is parked in front of his parent's house because of an electrical problem and its off warranty and he was using his dad's truck and...
He had his dad's truck Monday night. He had driven his truck to his parents Monday (presumably he is talking about when he dropped off Brendan for his bath) and claims it stopped working after that. Then when asked what was the last vehicle he operated he said the truck (well which one?).
Anything else that might be important? He checked his snapchat as soon as he woke up.
Back to Julia - Det. has DJ confirm they met on Tinder and she is 17 (remember he told someone else earlier the wrong birth year leading them to believe she was older)
Confirms Julia was not alone with Brendan when she would stay at DJ's. Det. have him talk again about why she is never around Brendan, and the kinds of things she would say.
DJ says the doors are easy to pull open or break into


Prosecution on video to Det. Rhodes:
1. Takes Detective through map DJ drew and points out X where he was with Julia and the X where they would walk and reiterates he said he and Brendan never went to the other location. This map is so hard to see in the video I did not bother screencapping it.
2. Det. explains data extraction on phones, confirms they were still with DJ when this was going on.
3. Det. says at times he was calm, also observed his clothes and there was no visible trace of mud or other evidence of interest.
4. Det. made death notification to Sam and the Creato family.
5. Sam provided consent to an interview. She was not mirandized.
6. Took Sam's phone initially to ensure she got notification from detectives
7. Det. contacted Juila and asked her to come in
8. Got DJ's signed consent to a DNA sample. They had found two cigarette butts near the route in the park that were fresh.
9. Interviewed Julia around 4pm (also recorded). She was not mirandized. Her interview lasted about an hour. She provided signed consent to give DNA.
10. Reviewed forensic extraction from DJ's phone. Photo taken 6:32pm on Oct 11th (Sunday). GPS stamp on the photo placed it within 15 yards of where Brendan was found.
11. They also found Snapchat activity from around 4:30am Tuesday (disputing DJ's timeline that he went to bed at 10pm).
12. Opened evidence envelope with DJ's iPhone to move into evidence
13. After DJ left the station, Det. went to Sam's house to get DNA (all signed consent moved into evidence)
14. Confirms CSI would be walking the same route in the dark as the dog to get to Brendan's body.
15. Recieved information about Julia's tumblr blog. There were entries referring to DJ, his work herself and Brendan.

Julia's Tumblr ("Julia Standing")
1. "Where we are now" is read aloud (video) youtu.be/ixFhiIwntNU?t=10m47s (open break up letter in which she calls Brendan, DJ, and his exes a mistake and offers several ways he should walk away from Brendan)
2. She says in the post she offered him 200$ per month and he is refusing it.
3. She says she considers herself apathetic and "I dont relae to other people's pain which makes me not care about them". This is right after saying she hates how he doesn't open up about what is bothering him.
4. "I'm a cold person but with you it's different"
5. She claims DJ's dad "****s him over on a regular basis"
6. Next part is just putting DJ down more and asserting how little she cares when he does X or Y and blaming him for her feelings (or lack of).
7. Brings up an example of something he did that made her mistrust him (as rebuttal for him not trusting her)
8. She says she doesn't want to be tied down. She repeats this several times.
9. Post dated Sept 10. 10 weeks into the relationship before she left for college.

Det. Rhodes
1. Canvassed neighborhood the next day
2. Got video surveillance from neighbors. nothing on it
3. Met with DJ's parents to provide DNA samples (got consent)
4. Julia cancelled appointment to come talk to them about the blog. They never got to talk to her again.
5. Spoke with other witnesses and neighbors.
6. Dropped off victim services packet to Sam and asked her boyfriend to come down and provide a statement
7. Executed search warrant at apartment (second search) for the pillows and suitcases
8. Explains info from the phone company and how it differs from the phone data dump.
9. Explains phone pings
10. Contacted FBI to review phone data from providers (of DJ and Julia)
11. Got surveillance from the train station to corroborate Julia being dropped off at 6:44am Monday. Footage is played for jury of Julia walking through the station and getting on the train
12. Called the university to confirm keycard swipe times at the school. Received confirmation her card was swiped
13. Requested information for the tumblr account, and cell phone data for DJ's mom and sister
14. Collected more surveillance from neighbor and nearby businesses, shows map of relevant locations
15. Found that OnStar was not working in DJ's truck
16. Reviewed all of Sarah's social media and found nothing of interest
17. Spoke with Sam's parents
18. Spoke with DJ's parents - separate statements
19. By Oct 23rd now they were reviewing all of DJ's online activity and text messages
20. Approx 9300 texts with Julia (snapchat)
21. Interviewed Kevin Keys and his girlfriend who had been with DJ that weekend
22. CSI had conducted the test with the child walking at night from the apartment to the creek.
23. Met with medical examiner on the 22nd to better understand the medical evidence
24. By Nov 12th interviewed individuals identified through Julia's Facebook
25. Interviewed Sam again to ask her to wear a wire with DJ and she consented.


http://www.phillyvoice.com/detective-describes-interview-with-creato-on-day-three-of-murder-trial/

Thanks so much for all your posts.
 
  • #578
DJ reminds me of Ross Harris as in can turn on and off the tears when necessary. Are the tears for himself or for Brendan? jmo

I really don't think DJ was mature enough to be a parent in listening to that interview. His mom took care of Brendan when DJ wanted to be with friends and he was worried about his 17 yr old girlfriend. Just doesn't leave much time for parenting. jmo
 
  • #579
DJ reminds me of Ross Harris as in can turn on and off the tears when necessary. Are the tears for himself or for Brendan? jmo

I really don't think DJ was mature enough to be a parent in listening to that interview. His mom took care of Brendan when DJ wanted to be with friends and he was worried about his 17 yr old girlfriend. Just doesn't leave much time for parenting. jmo

Yeah that is the only thing that gives me a twinge of sympathy for him - he is so immature and a little "off" and making horrible decision after horrible decision and then falls into the clutches of a teenage sociopath. It is disgusting he took her abuse and probably killed this little boy for her. She doesn't deserve to be enlisted.
 
  • #580


End of Day 3

1. The recorded conversation between Sam and DJ is played

See http://www.phillyvoice.com/detective...-murder-trial/ for summary, it is very hard to hear until DJ is talking about his interview, badmouths the detectives, talks about the body being by the fallen tree (how does he know this?? I don't think LE told him specifics) all in all he talks about himself and Julia - no tears for Brendan from either of them. No obsessing over what could have happened, how it happened.

"I don't want to sound like a crazy person but..." DJ explains how he has out of body experiences, after just telling Sam he needs to see a psychiatrist.

Day 4

Det. Michael Rhodes

1. First 4 minutes of DJ's interview with detectives replayed for jury with fixed audio.

2. From mid Nov - January 2016 they did followup interviews including neighbor.

3. Arrested DJ January 11,2016 at his job and took his phone.

4. Second data extraction made

5. On cross, defense has Rhodes describe the scene. Rhodes was there at 9:06am, and cannot confirm if DJ was already being interviewed.

6. Confirms DJ left around 9:30pm, was interviewed multiple times and had been there at least 12 hours. He never asked to leave and was excused by LE.

7. Confirms DJ never asked for a lawyer or refused to answer questions. Confirms he was asked 3 times if he wanted a lawyer and refused, volunteered search of his property, and gave DNA.

8. Confirms DJ was a suspect a few weeks later, but they knew it was a homicide day 1. Defense challenges that they kept him for 12 hours if he wasn't a suspect. Det. explains that they kept him there for several reasons, least of which was for his wellbeing.

9. Defense argues the rest of the family was notified before DJ and DJ had no one to counsel him or grieve with.

10. Confirms interview room is secured but the door was open. Confirmed he was not offered contact with his family or to go outside, Detective affirms he never asked and he was given food and water etc.

11. Confirms DJ gave the wrong last name for Julia initially.

12. Defense "he never tried to imply that his son would vanish or walk away of his own accord right?" Det confirms.

13. Confirms there is no way for them to know when the last time the truck was started was.

14. Confirms they never found a flashlight.

15. Det is asked to explain what "nothing of evidentiary value means" in relation to the trash search, Det. explains it means no evidence pointing to foul play in the trash.

16. Regarding the "lie" of DJ saying he went to bed at 10:30pm but there were snapchats - defense asks if there was activity between 10:30pm and 1:20am (suggesting DJ was sleeping but then woke up)? Det. says no there was activity and explains activity is not just logging in, it is actively reviewing a story or making a post etc. Defense is trying to infer that DJ butt-snapped and was not necessarily awake.

17. Is asked to go through what kinds of tips they got (trying to infer they had tunnel vision on DJ)

18. Goes back to the suitcase guy and the stroller. Det. confirms nothing on the stroller came back to the family or could connect it to the crime. Defense presses could it still have been used to move a body, Det. glares at him, stammers and says "it was quite small sir, I dont think it would have been appropriate for him" and dodges any further comittment to that line of questioning.

19. Does not know if the cigarettes were smoked by the same person (they only know they weren't DJ's)

20. Photo taken by DJ of the park, defense asks if he has a copy and why they haven't seen it here before (? it was shown on day 2)

21. Confirms DJ never confessed to killing his son on social media. Det. says not in those words, no.

22. Confirms DJ did not confess when initially questioned. Corrects defense that DJ was not "held" for "12 hours"

23. On redirect, Prosecution asks Det. to confirm DJ's parent's house was not officially searched (which is why nothing was found).

24. Confirms DJ's parents and sister were not willing to give a statement after DJ was arrested.

25. Has Det. clarify how much time DJ spent in police station vs his family, and how his parents left voluntarily, then came back later. DJ never asked to leave. Det. explains process for what they would have done if DJ had asked to go outside or to the bathroom.

26. Det. confirms he never yelled at DJ (he didn't) and while he may have spoken to him in an accusatory tone, he never accused DJ of killing Brendan.

27. DJ was moved to the lunchroom while they interviewed Sam (for an hour). The lunchroom had food and windows.

28. Back to snapchat, Rhodes clarifies that DJ was logged into Julia's snapchat account from his phone around 1am.

29. Reaffirms the stroller is not relevant

30. Defense asks for confirmation that DJ asked to see his family but wasn't allowed until 2.5 hours while they interviewed him.


Det. Nick Villano

1. Other Detective interviewed DJ that day. Former SVU child abuse specialist, currently Prosecutor CSI.

2. Explains field search procedures, where they found the cigarette butts

3. Explains the route and terrain to the body

4. Confirms Sgt. Quigley checked Brendan's vitals

5. Det. photographed the scene and explains how he does it.

6. There was a water line on Brendan's head and silt on his face so they could see the water had gone down. The left side of his head was submerged, right was dry.His arms were bent above his head palms up, and his legs bent and in the water. Det. says his legs and feet were totally submerged.Left cheek was on a rock

7. He was in his pajamas and a pullup, and grey/green socks on, which went above his knees. Silt and water got his pajamas a little dirty, but his socks were clean.

8. His lower back was exposed and had a bruise on it, a scrape on his elbow.

9. While photographing his front, noticed the pajama top was pulled up but could have been from moving the body, the pullup was pulled up to normal level. Socks appeared clean. He had a scrape on his stomach, cheek and forehead area which were consistent with where his body was laying on the rocks.

10. Photos shown to jury. (when filming resumes, Villano looks horrified and is breathing into his hands)

11. Prosecution has him clarify that the pajama bottoms were down a little bit and his butt exposed when they found him.

12. Back of collar of shirt is stretched out and exposing his back.

13. While detective is describing the photos, DJ is sitting stiffly looking forward (I don't think he can see the screen very well as it is facing the jury)

14. Hands were bent backwards at the wrist, palm facing up, submerged.

15. Left pant leg is scrunched up around his knee

16. Did line search in the field, fanned out to search area surrounding creek.

17. Collected two Marlboro cigarette butts , took custody of the slipper the K9 used, searched trash truck.

18. Autopsy done on the 13th. His role was to photograph and then collect ay further evidence.

19. Photos shown of water level tests.

20. Did a test walk with a child to simulate sock wear. Documented entire thing.

21. Photos shown. Documented child was same weight as Brendan with same color socks.

22. Socks dirty by the time they get to the creek. (and I mean DIRTY)
attachment.php


23. Villano removes the test socks from the evidence bags and they are shown to the jury.

24. The sock was then left in the water for several hours while they were photographed in stages. (Still came out dirty)

25. Cross examination is deferred until jury can visit scene


Sgt. Quigley

1. Port Authority PD, assisted k9 with search.

2. Recounts his version of events as the search unfolded.

3. Describes finding the body and checking vitals.

4. Confirms the boot print found next to the body is his.

5. Explains cones left for point of reference of scene (photos in msm link below)

6. On cross, confirms the test walk was wetter than it was on Oct 13th. water level a little lower.

7. Confirms no other boot print was found but the path was well used. Quigley did not find further boot prints.

8. Confirms someone approached him through the trees who claimed to be part of the search to ask a question.

Prosecution advises Jury that there is a memorial near the scene but it has nothing to do with this case.


Jury goes to scene


Det. Nick Velano

1. On cross, confirms the water level appears to have dropped, but they don't know when, and don't know how long he had been there.

2. Asked if his nose and mouth could have been under water. Det. says he'd have to see the photo to make that determination here but the water line was specific.

3. Several factors can make water level change.

4. Silt was not cross tested to see if it was on anyones clothes.

5. Other sock tests had been done prior to this (Oct 26th)

6. No video was taken of the test walk, only photo evidence.

7. The socks had not been washed (were newly bought).

8. Walk was done around 7am, and there was dew on the field grass.

9. Asks Detective if he would agree the socks are relatively clean on the paved path. Det. says they appear dirty.

10. Confirms sock gets dirtier while walking through the field

11. Confirms no water was visible where cigarettes found.

12. Not aware of divers going into the creek or river.

13. Tries to ask him if he and the ME "chatted" about the case because they were friends. Villano turns to the jury and explains the procedure of meeting with the ME and doing the "second view" at the morgue and how it is relevant to both their jobs to communicate and document everything.

14. Defense is trying to get him to admit he speculated off the record. Velano says he does not recall the specifics of any conversation, but there is an expected amount of talk about the case they're working.

15.Judge tells the jury not to go back to the scene alone.

MSM summary including photos of scene http://www.phillyvoice.com/tags/brendan-creato-case/

Testimony is set to resume at 10 a.m. on Tuesday. Stensky, the former girlfriend, is subpoenaed to appear.
 

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