Inside D4vd's Preliminary Hearing in Murder Case | "Case by Case" | "48 Hours" Podcast | Forensic Files

As a warning, some of the following reporting is very graphic and disturbing, so please watch and listen
with care. Singer songwriter David Anthony Burke, better known by his stage name David,
which is spelled D4 VD, was back in court this week for a preliminary hearing. Now, in a preliminary hearing,
the prosecution and defense present evidence to a judge who then decides if the proof is substantial enough to move
on to a trial. Before the hearing began, it was anticipated to last at least 3 days. In April, 21-year-old David was
charged with the murder of 14-year-old Celeste Rivas Hernandez. The teenagers dismembered remains were discovered in
the front trunk of David's impounded Tesla in September of 2025. The hearing started Tuesday on a gruesome note with
the prosecution presenting photos of Celeste's dismembered body after her body was discovered in the impounded
Tesla. CBS News reports that Celeste was unrecognizable given that her body was found 5 months after she was last seen.
And when the grizzly images were presented, David appeared blankfaced, slumped in the chair that he was chained
to. In addition to the murder charge, David has been charged with continuous sexual abuse of a child under the age of
14, the unlawful mutilation of human remains as well. The murder charges include what they call special
circumstances, lying in weight, committing the crime for financial gain, and murdering the witness in an
investigation. A special circumstance means that if convicted, David faces the death penalty
or life in prison without the possibility of parole. The LA County DA has not yet announced if they'll seek
the death penalty. David has pleaded not guilty to all charges. I'm 48 hours correspondent Ann Marie Green and this
is Case by Case. We've been following this case now for a few episodes. So, if you want to revisit that coverage, just
check our case by case podcast feed and the 48 Hours YouTube channel. Back when we last discussed this case, the Los
Angeles County District Attorney's Office had shared a brief on April 29th regarding preliminary hearing evidence
alleging that Celeste was 11 years old when she first met David, and messages between the two suggested sexual
relationship may have started when she was 13. A preliminary hearing was supposed to take place in late May, but
it kept on getting pushed back until it finally began earlier this week. This case has received a lot of attention,
giving David's budding career in the music business. At one point, opening for Grammy award-winning artist Siza and
creating tracks for the wildly popular Fortnite video game. With me today to discuss what came out of court is Los
Angeles Times investigative crime writer Richard Winton. Richard, thanks so much
for joining us. uh returning to this podcast to talk about this. Um you know, you were in the courtroom, so I think I
want to start with just sort of give us a lay of the land and then we'll talk about some of the pretty disturbing
evidence that came out. But we know that in the courtroom they presented um some
photographs of Celeste, Celeste alive, Celeste not alive, her family was there. This must have been really tough for
them to see and hear. >> Yeah. I mean, it was clearly as the prosecutor makes begins the presentation
shortly into it a little bit, she says, and you she mouths it more than she actually physically says it. Are you
okay? To the towards the mom quite clearly. And then she goes and comforts her at the first break because yes,
they're showing images of Celeste, the very alive teenager, and then human remains, which are as the
detective Bias, who Josh Buyers, who's the lead detective, described them. There wasn't really, she didn't really
have a face. Uh, two of the fingers were removed because they would, as prosecutors allege, connect David to her
because one of those fingers had his name on. So, yeah, there was very dramatic. But it even beyond that, like
there was later on there was some testimony where a CHP officer, a California highway officer
recovered her passport card at a near a lake somewhere. and up in Santa Barbara County and even that the mom reacted to
almost more so obviously you know it's deeply personal heartfelt and yes she was seeing she
cried in the corridor outside as well there's like a area outside I mean and they've been very quiet they're not
going with like a big public spectacle they're not talking you know sometimes in these kind of cases you get they're
not doing that kind of thing here >> right are They are they expected to testify any members of her family?
>> Not at this stage. They are not going to testify. >> Um so the preliminary hearing uh it's
taking place on the 9inth floor of the LA County uh superior courthouse. Uh you have told us that a lot of high-profile
cases have taken place there. Is there a particular reason why that location ends
up being the location for so many high-profile cases? >> Um basically in Los Angeles that's like
the high security level corridor. though typically highlevel gang murders, you name it, high celebrity cases, but more
uh violent crimes always. That was where for people who may remember, Judge Lanceto's courtroom was.
>> When you bring up Ido, that was the judge in OJ Simpson's case. >> Yes. Yes. So when you're on you're a
judge on this floor, you know you will get the most important cases and the most media attention cases in Los
Angeles. that floor has extra security measures. >> The lead prosecutor in this case, uh,
her name is Beth Silverman. She's got a nickname. LA magazine once called her the sniper. Where does that come from?
>> Uh, I'm not really sure how that name came about cuz as I described Beth, she's not someone who would be hiding in
the long range area of something. She's more directly confrontational and a very
aggressive prosecutor. She did the Grim Sleeper, which was the serial killer who
killed numerous women in South LA. Yeah. Be Beth is a no take no prisoners prosecutor. But as as one of her
colleagues once told me, she if your family members murdered, she's the one you want to prosecute it.
>> He is being represented, as you mentioned, by some high-profile attorneys. Blair Burke's one, Regina
Peter is another, uh Marilyn Bernardski is another. Uh Blair Burke, as you point
out, no stranger to celebrity cases uh in 2017. Uh she joined Harvey Weinstein's defense
team when he was first facing accusations of sexual harassment and assault. Everyone may recall there was a
case in New York, but then there was also in 2022 a case in California. He was convicted on one count of rape and
two counts of sexual assault. Uh Burke also represented clients like Mel Gibson in his 2011 case uh after he was accused
of domestic abuse of his ex-girlfriend at the time, Oxana. Uh there there was a a negotiated sort of deal, a no contest
plea deal. So Mel Gibson avoided jail time. Um, in this case, do you after sort of hearing what you've
heard from the prosecution or from the defense, is this the type of case where a plea deal for something could be
presented? >> In this case, there's the very minimum right now, they're seeking life without
parole. Most of negotiations in California cases over with in accusations of murder and this is murder
with financial gain, murder with special circumstances of lying in weight and there's also continuous sexual abuse
alleged in this kind of case. Typically what happens is the the defense if they are going to negotiate are trying to
negotiate a deal where their client one day walks out of prison, >> right? And so
that's if there's going to be negotiation that would normally what it would be here with the district attorney
of Los Angeles, Nathan Hawkman. This is a child murder. She's a child. You have to remember this. And you've got the
sexual abuse element. And so his likelihood of Beth Silverman and him negotiating
anything less than well just not it's basically not a negotiation life without parole is probably their
kind of minimum. They may this may be and the case that Hawkman does seek the death penalty in because this case has
kind of the bars which usually would push those buttons which are it's a child there's sexual
abuse involved there's a patent planning he's saying lying and wait so if if he's
ever to get use the death penalty it's either this or a child torture case because these are the cases if there's
going to be one. >> Yeah. So, based on what you've heard so far, then could you you know what what
do you foresee as perhaps the defense's arguments, what does it any sort of indication as to where the defense might
go with this? >> Okay. So, during the prelim, this is a prelim in California. Basically, you
just have this prepundonderance of the evidence. It's just like a very sort of lower standard. We're not talking beyond
reasonable doubt. Most people have seen trials. You have to prove everything beyond reasonable doubt. It's a intense
level of requirement. We see in this case, you know, we see a lot of physical evidence
>> of basically blood all over the garage, and then there's there's all the purchases of chainsaws, body bags,
strange trips in his car. We had a one of the forensic experts of the LAPD testified that it was likely based on
the blood finds her body was actually in the frunk. [music] [singing] >> That was a snippet of David's 2022 song
Romantic Homicide. The music video features a blindfolded David singing over the corpse of a young woman in what
appears to be a blood stained wedding gown and quick cuts reveal bloody knives pouring out of a suitcase. The video has
over 200 million views on YouTube and commenters can't help but to attach the lyrics to the artist's alleged crimes.
Some viewers in the comments uh connect the date of the video's release on September 7th to Celeste's birthday.
It's on the same day. He performed the song two years ago at PNC live studio session in Portland, Oregon. And a
little over a year later, one commenter called it one of the most haunted songs of our generation. Social media blew up
in reaction to the case. David is an artist who built his career online making YouTube videos and content around
gaming and music. After the gruesome allegations in this case, it seems that his vast digital footprint looks to
resurface in the leadup to the trial. So, Richard, the judge is currently evaluating the evidence with regards to
this case. According to CBS News reporting, the prosecution has recovered over 40 terabytes of evidence. This is
including data from David's phones and his iCloud account. And just to give you a sense of what that looks like, just
one terabyte can account for at least 200,000 images. So the question here is, could some of this include David's own
music? >> Yes, it's part of it's definitely part of the evidence. It's not it's the music
he's published and the music he hasn't published as well, which may have lyrics referencing the the deceased. But mo
importantly, and I think it's emotional, if they eventually go to trial, I think
Beth Sil will want to show jurors this are some of the videos, some of the very graphic videos, not so much the lyrics,
which often have bloody scenes, including one video where he drags a body to the back of a car and puts it in
the trunk. I'm sure that she'll want to show that this is part of kind of the way he portrays things.
I'm sure that that all the imagery around his kind of sort of low rent horror kind of persona visually will be
something she would like to show jurors. It's often hard to sort of categorize a
recording artist. So, a lot of this visual material is probably in those terabytes.
>> But I think I, you know, I I thought the way you sort of summed it up was really
good. When I looked at the words, I thought it's like a really simple, very short poem that, you know, outside
of this context actually doesn't seem that interesting, but when you put it in the middle of a murder case, then it
could become a problem. So, the purpose of the hearing this week was to determine if there's enough evidence to
move forward um with a murder trial. >> Yeah. I mean really honestly the the standard of prelim is pretty low and
this literally before the prelim Beth Silver Silman files this nine-page brief like back in April
>> which pretty much lays out and this is very unusual. So there's two unusual >> I was going to ask you is that odd
>> Blair Burke pushed very quickly which is your right in California law for a pre
prelim as soon as possible. Right. I can tell from her questions in court, she's
somewhat trying to work out, okay, how much of the stuff do they have solid? When the forensic people up
there, she kept asking in her cross and so you were the first person in that scene. Did the detectives go in there?
She like numerous times asked are they gloved up, masked up? >> She's not really asking about the
forensic people because she knows they're going to be. She's asking about the others,
>> right? Uh, let's review some of what came out of that brief. Starting with the claim that Celeste was allegedly 11
years old when she first met David and messages between the two suggested a sexual relationship may have started 2
years later when she was 13. And the brief also noted that Celeste had gone missing before.
Can you talk about that? The prosecutors have alleged in their brief that they have
uh proof of a sexual relationship between the two of them that includes messages, references to plan B, sex,
abortion, and they did that's what they included in their sort of court briefing. In addition, she this is
documented and we documented ourselves at the LA Times. She was reported missing to the Riverside County
Sheriff's Department three times during that same period in which they were having their relationship.
>> Prosecutors say there was a significant amount of child pornography found on David's phone. According to the
prosecution, these communications ceased April 23rd, 2025, and this is when they
believe Celeste died. Um, what was going on between Celeste and David starting with the night before?
Basically, they they'd got into some an argument. It seems that she would be become jeal angry or jealous. This is
what the prosecutors allege in their brief. They basically allege that she implied
that she would tell the world about their relationship. She's a minor. It would be a crime. So, he brings her to
the home via Uber. And once she's there, prosecutors allege in their in their filing document and partly from what the
medical examiner alleges, she was stabbed twice that that evening. Um, interestingly, 20
minutes after she already was documented as arriving by that Uber, he's like asking where she is.
>> Kind of paints a picture. Yeah. the cover they that's when the prosecutors allege
>> Mhm. >> that's when that cover up begins. >> That night he makes a strange driving
trip in his Tesla all the way up to Santa Barbara County to a place called Lake Kachuma. We're not sure what
exactly he did, but that happens to be where they found her passport ID card. They they can prove that that car went
there. They have license plate readers. They have all kinds of stuff which show their vehicle moved along the track.
They got c this stuff which tracks that vehicle. According to the prosecution, that's when he uses his various aliases
to buy items which could only be described as the murder. If you're if you were supposedly trying to get rid of
a body, this is what you would do kind of ABC. So, he starts ordering uh body bags, laundry bags.
He will just chainsaws, a burn box, all these various items using sometimes an alias, Victoria
Mendes, and another alias as well, a male name. And some of these items, prosecutors allege that, well, we know
from testimony in court, two of those two of those chainsaws had no no blood on them. They were still in the garage.
[snorts] So yeah, we can see how you know they're constructing and he used these aliases now on cross Blair Burke
says well that sh you know basically >> was the the burn box ever used? Well no I mean I I've actually seen the thing
someone actually shared me the image of the of the burn box. It still basically looks like you know it's been it's never
been opened. There was also this bit about this the uh I think it's like a kitty pool or
something in these blue fragments. >> Yes. So, as we heard from the criminalist in the prelim
basically they found that kitty pool and it's I don't know it's it's not that small a kitty pool. It's it's a size
which would fit a smaller person in it. And in in that kitty pool, what they found was that had had some slash marks.
So it looked like a blade of some sai had been used in that pole. And the prosecutor, Bessel, basically alleges
that's the remains of Celeste. They found in the embedded plastic material of that kitty paw because that's what it
seems like very clearly happened. And so that is, you know, the prosecution's assertion uh that uh Celeste's body was
dismembered uh in that pool and then that she was placed in the frunk or the front trunk of David's Tesla. Uh they
argue that he parked his car around the corner from his home and then he goes on
tour. That car was ultimately towed and pounded and then Celeste's remains were discovered inside. All of these details
are incredibly graphic. They're disturbing. I know people want to hear from Celeste's family. They have not
spoken publicly, but their attorney released a statement at the April hearing, and I want to read some of that
for you. In light of the gruesome details emerging almost daily, the family has decided not to make any
statements now or in the future. There are no words to express the indescribable pain the family is
experiencing right now. They still have bills to pay and jobs they go to every day. All they want is time to grieve and
heal. Please grant the Rivas Hernandez family grace and compassion. And Richard, there was also some public
speculation that David may have financially supported Celeste's family at one point. Uh but CBS News received a
statement from Celeste's brother. His name is Jesus Rivas and he said, "I never had any contact with this guy and
we haven't received any money from him or anyone in his family." >> Yeah. I mean, there's nothing in
evidence that they have there's any financial connection. There's there's no implication that they that he he knows
even knows the family at this point. It's all now there is an implication that she did meet his family and that is
in the court briefing by the by the district attorney. >> I think Richard, you know, it's it's a
it's a reminder that though this is a high-profile case with a celebrity defendant,
this is real life for them. Um, they still have to pay their bills. They still have to do all the things that
they were doing. And then they still have to be kind of confronted with the media interest and the social media
interest and the the the commentary and the comment section is doing what the comment section does and they're just a
regular family. >> You know what's really interesting about this case is now we have a different
sort of press. It's not just the press corps. There's all these social media influencers who are turning up to the
proceeding who cover and follow the proceeding. And so, and they're all doing these videos and it's uh it's
really an interesting dynamic, but it also means it just permeates out into the internet at just an incredible rate
compared with other stories. So, I'm sure this family can hardly avoid this even
>> in daily life. >> So, then as we look ahead, what's next? What details will we see coming out of
the preliminary hearing that you think could inform the rest of the trial? >> In the end, the brief is basically what
they're going to present. And that's a lot. And that was highly unusual as one. We talked to a couple of other former
prosecutors and they said they never seen anyone file a what is mounts to a trial brief at a prelim. Other words,
oh, we're going to tell you, we're going to be totally transparent. This is we got all this already. So, you thought we
weren't ready? Oh, no. We have all this stuff. >> How do you think Blair Burke and and
Beth Silverman will be approaching this case? >> Well, Beth Silverman seems to be being
very just blunt and direct. I mean, the the fact that she brought a prelim brief, which detailed most a lot of her
case, >> the fact that she just doesn't seem to be >> hiding much. >> Well, I tell you, Richard, it's already
kind of a hell of a case. my heart just breaks for Celeste's family. I feel for them because yeah, this is now a
celebrity case. And so the level of attention that they're going to be getting um is going to be a tough one
for them. Um Richard, you keep coming back to talk to us and we really appreciate it. Um and I know that we'll
be continuing to discuss as this case unfolds. >> Thank you. >> And we'll be at back next week with
another episode of Casey by Case. Be sure to rate and review and let us know which cases you are following and you
[music] want us to follow as well. [music]

A preliminary hearing offers the clearest look yet at the case against singer-songwriter D4vd, who is charged with the murder of 14-year-old Celeste Rivas Hernandez. "48 Hours" correspondent Anne-Marie Green is joined by Los Angeles Times investigative crime writer Richard Winton to unpack the latest courtroom developments, the prosecution's strategy, the defense's response, and the evidence that could determine whether the case advances to trial.

The cases everyone's talking about, explained as they happen. "Case by Case" is a weekly update on the biggest criminal stories unfolding now. New episodes every Friday, available wherever you watch or listen to podcasts. You can also get ad-free access to 48 Hours podcasts by subscribing to 48 Hours+ at 48HoursPodcasts.com.

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Brief Summary

David Burke's preliminary hearing reveals graphic evidence in the murder of Celeste Rivas Hernandez, highlighting disturbing details and courtroom dynamics.

Key points

Graphic Evidence Presented in Court. The prosecution shows disturbing images of Celeste's remains, shocking attendees.
David Anthony Burke's Preliminary Hearing. Singer-songwriter David Anthony Burke faces serious charges including murder and sexual abuse.
Social Media Reaction. David's music video for 'Romantic Homicide' goes viral amid allegations, raising eyebrows.
The Impact of Social Media. The case is now influenced by social media, changing how stories spread.
Unusual Transparency in Court. A preliminary brief reveals unexpected transparency from the prosecution.

Episode highlights

Episode quotes

This must have been really tough for them to see and hear.

Discussing the emotional impact of the courtroom evidence on Celeste's family.

3:28WatchJul 24, 2026

Tension

85/ 100High tension

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