David Creato defense rests; judge won't dismiss murder charge

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David Creato defense rests; judge won't dismiss murder charge. Rick Williams reports during Action News at Noon on May 17, 2017. (WPVI)

A judge has refused to dismiss murder charges against a father accused of killing his son because he had become an impediment to his relationship with a teenage girlfriend.

The ruling came Wednesday morning after lawyers for David Creato rested their case after 20 minutes. Camden County prosecutors had rested their case earlier Wednesday.

Defense lawyers claimed there was no evidence that linked the 23-year-old Haddon Township man to the death of 3-year-old Brendan Creato.

RELATED VIDEO: Police video shows D.J. Creato learning son's body found
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Jurors watch video of DJ Creato: Katherine Scott reports during Action News at noon on April 26.

Earlier Wednesday, prosecutors called to the stand a detective who said in the weeks following his son's death, Creato and his girlfriend sent thousands of texts to each other without ever mentioning his son's name.

The defense argued its case for less than an hour, asking friends and family members to describe Creato's personality. Creato was not called to the stand.

The child was found about a mile from his father's home in October 2015, hours after Creato had told police that the boy had wandered away from the residence.

Both sides are expected to present their closing arguments to the jury on Tuesday.

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(Copyright ©2017 by The Associated Press. All Rights Reserved.)

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