Attorney: Dismiss murder charge in Brendan Creato death

HADDON TWP., N.J. (WPVI) -- A defense lawyer wants a murder charge thrown out against a New Jersey father accused of killing his 3-year-old son.

Attorney Richard Fuschino Jr. filed motions Thursday saying authorities failed to read David Creato Jr. his rights before interviewing him following the October death of Brendan Creato.

Fuschino says the medical examiner took days to examine the Cooper River Park scene where Brendan's body was found.

Prosecutors have said the boy suffered "homicidal violence." They say Creato killed his son because the child was impeding his relationship with a teenage girlfriend. They say she resented Creato's dealings with the boy's mother.

The 22-year-old Haddon Township man has pleaded not guilty. He's jailed on $750,000 bail.

The Camden County Prosecutor's Office didn't immediately return a request for comment.