Creato's Defense Attorney Calls Investigators Lazy, Did Poor Job During Closing Arguments Of Murder Trial

CBS 3's Cleve Bryan and KYW's David Madden contributed to this story.

CAMDEN, N.J. (CBS) -- The defense has wrapped up closing arguments and both sides are summing up their cases in the month-long murder trial of David Creato, charged with the October, 2015 death of his 3 year old son in Haddon Township.

The fate of 23-year-old David Creato is now in the hands of a jury.

Richard Fuschino, Creato's defense attorney, spent about an hour-and-a-half giving reasons why jurors should have plenty of doubt about the prosecution's case, telling them his client is a victim and not a killer.

"Ladies and gentlemen at the end of this case I suspect you have more questions than you have answers cause you just can't be sure," said Fuschino.

Autopsies, Texts Between Lovers Discussed In Day 8 Of Creato Trial 

Fuschino says Creato cooperated from the beginning with detectives when he reported his son missing in October 2015. He says Creato's story never changed – that Creato didn't know what happened to his son the night he died.

Fuschino says the investigators were lazy not checking 3-year-old Brendan's body or clothing for the possibility of another suspect's DNA.

Fuschino added investigators did a poor job interviewing sex offenders in the area.

There's never been an answer how Brendan died and Fuschino doesn't see how a jury can close the book on Creato as being the murderer.

"It means not probably, not could of, not might of. It means you're sure about what happened, and ladies at gentlemen, at the end of this case, I suspect you have more questions than you have answers because you just can't be sure," Fuschino said in the courtroom Tuesday.

Fuschino suggested that prosecutors and medical examiners failed to prove that Brendan Creato's death came at the hands of his father. Two bottom line points in his argument.

"The first, if that man's not a killer, he's a victim," Fuschino said. " The second, in the face of tragedy, no one wants mystery on top of it."

Autopsies Discussed At Creato Murder Trial 

Prosecutor Christine Shah countered with methodically ruling out anything other than a homicide, followed by others who might have done it like a stranger or Creato's then girlfriend Julia Stensky or anyone else. She then concluded that Creato could have been the only one to kill the child.

"He was utterly consumed by the idea that she was leaving him, that she was dumping him," said Assistant Camden County Prosecutor Christine Shah. "Smothering Brendan solved every single one of his problems."

During the trial is was not determined that smothering was the cause of death but it was considered as a possibility by experts.

Three autopsies failed to produce a formal cause of death, but Shah offered jurors what she called a "common sense" explanation.

"This defendant got out of his bed, went in the living room and took Brendan's pillow and put it over his face while he was sleeping and he held it there until Brendan died," Shah told the jury.

Judge John Kelley briefed the panel on the specifics of the law regarding murder and child endangerment, the two charges Creato faces.

Then 2 of the 14 people who have heard testimony since mid-April have been selected as alternates. The panel is now comprised of 9 women and 3 men, and they will be the ones to decide this case.

The jury will reconvene Wednesday at 9 a.m.