CAMDEN, N.J. (WPVI) --A judge has ruled that a videotaped interview detectives conducted with a New Jersey father accused of killing his 3-year-old son can be entered as evidence at his murder trial.
On the video, David Creato is seen shouting "no!" That was his rection to the news his son, 3-year-old Brendan, had been found dead.
In the more than hour long recording, the young father who, months later, was charged with his son's murder, volunteers information to detectives. That includes how his then-17-year-old girlfriend had threatened to break up as long as Brendan was part of David's life.
"She really doesn't like the fact that I have a kid, that I had a kid with another person, and she is always fighting with me," he is heard to say on the video.
He also told detectives he worried his girlfriend was seeing someone else at college.
The prosecution alleges David Creato killed his son and left him in a wooded area last October in an effort to appease the girlfriend.
"He admitted to detectives he was jealous. He admitted he was concerned she was having contact with these other men," sid Asst. Prosecutor Christine Shah.
The defense tried to suppress the video statement, arguing the 22-year-old had not been given a Miranda warning. They also allege that when he first spoke he was misled when he allowed detectives to view more than 9,400 text messages between Creato and his girlfriend.
The judge ruled while Creato was in a police station he was not in custody at the time and gave the information freely so its admissible.
"It did appear to me that Mr. Creato was free to leave if he wanted to leave. He was anxious to cooperate, he was anxious to stay," said Judge John Kelley.
Kelly also announced Tuesday that Creato's trial would start Oct. 3. He has pleaded not guilty to murder and child endangerment charges.