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

[ScarlettScarpetta]

Interesting. I could have sworn where I read that the tox reports were negative for anything. Maybe I am mistaken but if they were negative (and whoever released that info wasn't lying to throw people off or whatever) wouldn't a drug like Ecstasy show up?

They were negative.. So I don't know where that came from. 1st degree murder is not an accidental overdose.. So something else happened.

 

[amanda4374]

To be fair, there are reports that claim final results of the autopsy are still pending, even though we know cause and manner of death are inconclusive and toxicology results negative.

An autopsy conducted Oct. 13, the day Brendan's body was found, did not determine the cause or manner of death. Authorities said then that further tests were pending.
From http://www.philly.com/philly/news/l..._tot_s_death_deepens.html#3VGb2mOlsILwXCvV.99

But you are right, Scarlett, first degree murder means this was a premeditated act.

 

[Really?]

I am local and glad to see this moving ahead with an arrest. I wasn't surprised it was the father.......his 911 call seemed too calm....and cagey.

 

[amanda4374]

I wonder if the neighbor's account of an argument the night of October 12 has anything to do with this.

On Friday, Robert Edward Petralia, who lives in the same apartment complex where Brendan lived with his father, said he was asleep on the night of the boy's disappearance. An upstairs resident of his building, however, told Petralia that he heard an argument outside the apartment house that evening.
A blue car pulled up to the building, Petralia said, relating the neighbor's account, and two voices could be heard arguing in the street.
The neighbor "said he heard someone say a name and 'No, don't'," said Petralia. "I don't know what the name was."

from http://www.phillyvoice.com/rumors-swirl-disappearance-death-haddon-township-boy/

It's bothered me since the beginning.

 

[maureen718]

I'm hoping we hear more today after DJ's arraignment

 

[tlcya]

They have charged DJ with 1st degree murder. With the autopsy not revealing COD I am curious how they feel confident in MOD. I am not familiar with NJ statutes and criminal code. I am wondering if the second degree child endangerment charge ties into what makes authorities feel they can prove murder in the first even without a known COD. In some states a murder charge can come from aggravated child endangerment that results in death of the child.

-----------------------
For months, official information in the investigation of Brendan Creato's death was limited to an announcement that the initial autopsy proved inconclusive, despite a review by two additional medical examiners. Prosecutors also said there was no forced entry into the Creato's locked apartment, and that the boy showed no signs of sexual molestation.


It was also known that a grand jury was investigating the boy's death, and PhillyVoice had confirmed that Brendan Creato’s young aunt, Sarah Jessica Creato, 20, was summoned to testify on Nov. 16.


And the toxicology screen for the toddler came back clean, showing no unexpected drugs in his system, Fuschino told PhillyVoice on Nov. 2. Fuschino said Monday evening that he still has not been told a cause of death and as far as he knows there is no final autopsy.

http://www.phillyvoice.com/father-brendan-creato-indicted-murder-charges/

His arraignment is scheduled for 1:30 p.m. Tuesday.

http://philadelphia.cbslocal.com/2016/01/11/sources-father-of-brendan-creato-charged-with-murder/

 

[Ontario Mom]

A planned or intentional killing of another person, or serious bodily injury resulting in death or a killing while committing certain felonies (felony murder). - See more at: http://statelaws.findlaw.com/new-je...t-degree-murder-law.html#sthash.2OSeYIl5.dpuf

So it could be any one of those.

 

[tlcya]

A planned or intentional killing of another person, or serious bodily injury resulting in death or a killing while committing certain felonies (felony murder). - See more at: http://statelaws.findlaw.com/new-je...t-degree-murder-law.html#sthash.2OSeYIl5.dpuf

So it could be any one of those.

that is what I am thinking. If they can prove little Brendan died while DJ was engaged in committing a felony which can be considered child endangerment . . . Would that account for the murder 1 charge? Because without COD that seems the route they are going. Or is the child endangerment the felony itself that stems the murder charge?

Very interested to see how much of this is cleared up at the arraignment. How much of their hand will the prosecution have to tip at the hearing today. That is the question in my mind.

 

[Ontario Mom]

For a murder 1 charge they'd have to have some kind of evidence he either planned it, or intended it (whatever "it" was that was done to kill this poor baby), hurt him bad enough that those injuries caused his death (even if he didn't plan it or intend it), or evidence that this precious little guy died as a result of injuries sustained while daddy was committing another felony against him. Those are listed as:

Kidnapping; Sexual Assault; Arson; Robbery; Burglary; Carjacking; Criminal Escape; Terrorism; Escape. - See more at: http://statelaws.findlaw.com/new-je...t-degree-murder-law.html#sthash.ZQY95SLy.dpuf

Nine different felonies that net a murder 1 charge if the victim dies while one of those things are being done. Pretty sure we can rule out the last 7. I genuinely hope it's neither of the first two either.

ETA: I haven't followed this case closely but I think I recall sexual assault was ruled out? Or no evidence of it? I do hope that's the case. If so, that rules out the last category that could be applied for 1st degree murder since none of those other things would apply - at least I wouldn't think so.

 

[amanda4374]

For a murder 1 charge they'd have to have some kind of evidence he either planned it, or intended it (whatever "it" was that was done to kill this poor baby), hurt him bad enough that those injuries caused his death (even if he didn't plan it or intend it), or evidence that this precious little guy died as a result of injuries sustained while daddy was committing another felony against him. Those are listed as:

Kidnapping; Sexual Assault; Arson; Robbery; Burglary; Carjacking; Criminal Escape; Terrorism; Escape. - See more at: http://statelaws.findlaw.com/new-je...t-degree-murder-law.html#sthash.ZQY95SLy.dpuf

Nine different felonies that net a murder 1 charge if the victim dies while one of those things are being done. Pretty sure we can rule out the last 7. I genuinely hope it's neither of the first two either.

ETA: I haven't followed this case closely but I think I recall sexual assault was ruled out? Or no evidence of it? I do hope that's the case. If so, that rules out the last category that could be applied for 1st degree murder since none of those other things would apply - at least I wouldn't think so.

Thank you, Ontario Mom. Good info.

Sexual assault was ruled out. I agree about ruling out the last seven. A kidnapping seems plausible, especially if he was looking to get back at Brendan's mother for something.

I'm on the edge of my seat for arraignment today! Hoping for answers and justice!

 

[Tillicum]

As far as the COD goes it's possible that there is evidence of more than one possibility and they can't narrow it down definitively without more information, witness testimony or a confession IMO.

 

[Ontario Mom]

Thank you, Ontario Mom. Good info.

Sexual assault was ruled out. I agree about ruling out the last seven. A kidnapping seems plausible, especially if he was looking to get back at Brendan's mother for something.

I'm on the edge of my seat for arraignment today! Hoping for answers and justice!

I thought possibly kidnapping as well but wasn't he (Brendan) actually in dad's custody already?

 

[Ontario Mom]

Let's not forget he was also charged with 2nd degree endangering the welfare of a child. Hold on to your hats on this one

2C:24-4. Endangering Welfare of Children.

a.Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child as defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty of a crime of the second degree.

There's LOTS more here http://www.njlawman.com/new-jersey-title-2c/2C-24-4-Endangering-Welfare-Children.htm

 

[Ontario Mom]

Live coverage http://6abc.com/live/23387/

 

[tlcya]

"D.J. is going to plead not guilty," Creato's lawyer, Richard Fuschino, told Action News Monday night. "D.J. did not commit this crime."


Fuschino says he will vigorously defend his client.


He says he is anxious to hear what the prosecutor has, or thinks she has, tying Creato to the murder of his own son.


"It's not a shock so much as a disappointment. D.J. lost his son and now to be accused of being the killer, I think it's as bad as it gets," Fuschino said.


Initially the medical examiners ruled the cause and manner of death inconclusive. What led to the grand jury indictment and subsequent charges has not been disclosed.

http://6abc.com/news/father-of-boy-found-dead-in-haddon-twp-charged-with-murder/1154775/

 

[tlcya]

I can't get the livestream to play so I hope you guys will let me know what is happening.

 

[Tillicum]

It's playing for me but sound is too low to hear

 

[Tillicum]

COD Homicidal violence not otherwise specified

 

[popsicle]

David Spunt ‏@DavidSpuntCBS3 13m13 minutes ago
DEVELOPING: We just learned Brendan was discovered partially submerged in water in his pajamas. His socks were clean per prosecutor.


David Spunt ‏@DavidSpuntCBS3 13m13 minutes ago
DEVELOPING: D.J. Creato has insinuated Brendan unlocked the door and walked to the woods. Prosecutor's office says he was placed there.


David Spunt ‏@DavidSpuntCBS3 43s44 seconds ago
DEVELOPING: Prosecutor's office now says Brendan died from "homicidal violence" hinting he may have been suffocated. No official cause.

 

[JerseyGirl]

not sure if it works, I am unable to access Twitter: https://twitter.com/cpsj/lists/creato-hearing