D4vd Preliminary Hearing: Day Two

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1:29Anoushka Mutanda-Dougherty:And his attorneys have previously told us that, quote, the actual evidence in this case will show that David Burke, that's his real name, did not murder Celeste Rivers Hernandez and he was not the cause of her death. We will vigorously defend David's innocence. Joining me now is our reporter Sam Mulick, who's been inside the courtroom all day. Hi, Sam. Hi, Anishka. Sam, I want to start with one of the most powerful moments of the day, which is when Celeste's photo ID was shown and her mother had quite an emotional reaction. Can you walk me through what happened there? Yeah, so California Highway Patrol officer Sean Gwen Rostro testified that he found Celeste's ID on the side of a highway.

2:06It was initially identified by a train worker, and he was called to the scene and investigated this identification U.S. passport card that was found, and it was revealed to be Celeste's name and photo on that card, which was then displayed in court. with Celeste's last name redacted because again, Celeste is a minor. And at that moment, we saw in the courtroom, Celeste's mother become visibly shaken, her head looking down, visibly emotional, and again, being comforted by her husband and those around her just at the sight of her deceased daughter in front of the court.

2:48Anoushka Mutanda-Dougherty:It's extremely difficult for her family to be in the courtroom. And you told us about some of their reactions yesterday. But for people who are a little bit more unfamiliar with this case, what is the relevance of this photo ID and where it was found? The prosecution is alleging that David, after allegedly committing the murder, traveled from Los Angeles north to Santa Barbara. And along that trip, he disposed of Celeste's identification card. And yesterday, LAPD detective Joshua Byers presented evidence that through investigating David's iCloud data, they were able to identify that the Tesla had made a trip from Los Angeles to Santa Barbara.

3:28They presented other evidence that he had also stopped at a charging station in the Santina Valley, which is near Santa Barbara. What the prosecution is trying to demonstrate is that David not only committed this murder, but went to extensive lengths to try and dispose of the evidence and also dispose of having any connection with Celeste.

3:52Anoushka Mutanda-Dougherty:And what happens with cross-examination is then the defense get up and they try to either destabilize or discredit the story that's been told. What did they do to shake that narrative about the photo ID card? Yeah, so we saw throughout the day the defense try and poke holes in the prosecution's case to try and discredit either the witnesses or the way in which they handled processed or organized evidence. It did not seem that they had many compelling or powerful arguments throughout the day, but ultimately that is, of course, up to the judge. So with specifically the California Highway Patrol officer, they identified that this train worker did not use gloves when he initially was handling the identification card.

4:40They also brought up the idea that perhaps weather or a storm or wind or rain could have blown that card to that specific spot on this location on the side of a highway. They also tried to demonstrate that the GPS coordinates, which the police officer identified as where he found the ID card, did not match the exact spot on the side of the highway. Rather, those coordinates were on the highway. So they were just really trying in any way to find the holes in how witnesses handled the evidence.

5:19Anoushka Mutanda-Dougherty:Now, this is a preliminary hearing. So this is up to the judge to determine whether there's enough evidence being presented by the prosecution for this case to move forwards to trial. And he told us yesterday that David was in the courtroom. It's day two now. Was he there again? Today, we saw David again look very attentive throughout the entire proceedings. Again, with Celeste's family, a couple rows behind him. But David did not really make any gestures beyond conferring with his legal counsel. When he was identified by the judge, he nodded in response to show that understood that he was present and the court was proceeding.

5:58But he has watched. He has not really shown any emotion. He has not really had any reaction. He has been very silent and has paid attention to what has been presented so far.

6:07Anoushka Mutanda-Dougherty:In the second half of the day, the evidence then focused on the Tesla, but not on Celeste's remains within the Tesla. Once they'd been removed, we heard about insect activity, flies and maggots that were found inside the vehicle, as well as, I believe, 11 air fresheners. Can you just walk me through that evidence that was presented? Yeah. So Chelsea Murillo, who's a criminalist with the Los Angeles Police Department, she initially investigated the Tesla at the tow yard after the body remains were removed from the Tesla. And her photos were shown in court, which were disturbing and graphic. The first photo that was shown was of 11 air fresheners that were found in the Tesla.

6:55In addition to those 11 air fresheners, there were maggots and insects around the Tesla, specifically in the front trunk, which the prosecution is alleging where Celeste's remains were found. And within that front trunk, They also were able to identify a maggot on top of an air freshener. So there was one image presented of these 11 different air fresheners. We saw the Febreze vent clip-ons. We saw a bunch of bottles of Purell. And then the prosecution shifted to the images of the insects themselves, which showed, again, a dark trunk with these small white maggots crawling around. You could see the infestation of this Tesla.

7:48And Murillo also testified the stench. And there was one point where she was asked, how could you identify that this was the odor of a dead body? And she just said, years and years of experience. smelling dead bodies. So at this point, we're sitting in court and we're seeing these insects, allegedly where Celeste's body had been stored for a period of time. And again, Celeste's mother, Mercedes, in the front row of the court, was looking down, could not bring herself to look at the images that were being presented. And later on, during the afternoon break of the trial, the family left. They were not present for the rest of the trial.

8:31Although the family lawyer did say that they were motivated also to get home at a reasonable time and try and beat the traffic and rest up, but he also did say that they were particularly disturbed by what was presented again in court today.

8:46Anoushka Mutanda-Dougherty:Yeah, it's harrowing imagery. But like you said, the family's attorney yesterday said that her mother especially wanted to be present for this preliminary hearing, where we We are going to see a lot of evidence that focuses in on that Tesla. Now, yesterday it was on the Tesla with Celeste's remains inside of it. This one with her remains removed. Now, that might be a bit confusing for people. Why are we focusing in on that? But there was a heavy emphasis on whether they could identify blood spatterings, blood patterns within the Tesla. Can you tell me a bit more about that? Yeah, so Morello did detail the ways in which that she tested for blood in the Tesla, both both in the front trunk and also in the back seats, which she referred to as the third row of the Tesla.

9:31And she used a chemical test called Blue Star, and I believe another chemical test. And what she determined both in the trunk of the Tesla and also in the seats was the possibility of blood, which is the extent that the chemical test is able to reveal. It's only able to reveal the possibility of blood and then further testing needs to occur. But she shared with the court that she was able to determine that there was the possibility of blood came up in the test.

10:02Anoushka Mutanda-Dougherty:That phraseology there is exactly what the defense then picked up on in cross-examination, the possibility of blood. Can you talk to me a little bit about how they tried to destabilize the evidence given? Yeah, the defense really tried to hammer the point home and tried to take the drama out of the room, the drama out of these photographs, by saying that these photographs with these positive tests are not confirming there was blood. They are only confirming that there was a possibility of blood. And so also in their cross-examination, the defense continued to try and interrogate the witnesses about how they handled the evidence, asking their use of gloves, their use of masks, what steps they took to make sure that evidence was not contaminated by any other possible DNA samples.

10:52And to all of those questions, Murillo was able to confirm that the evidence was handled with care and that her team herself used gloves in the investigation.

11:04Anoushka Mutanda-Dougherty:And then we had another closer look at another key area for evidence, which is what the prosecution are saying Lauren Wallace, a criminalist from the LAPD Forensic Science Division, she spoke about what was found inside David's home, particularly his garage. Now, if you remember from the pre-court filings that we had from the prosecution, there was a heavy focus on the garage where they alleged that the unlawful dismemberment took place. Can you elaborate a little bit on what Lauren said she found in there? So Wallace was one of the criminalists called to investigate David's garage at the Doheny Drive residence in Hollywood Hills.

11:39And in the garage, she detailed myriad of evidence that she found, including, again, the possibility of blood. There were red stains throughout the garage, and she zeroed in on the inflatable pool. There were also two chainsaws in the garage. There was a variety of evidence, which then the defense also tried to cross-examine.

12:06Anoushka Mutanda-Dougherty:Those chainsaws were tested and found negative to have no blood was detected on them. Yeah. So that was noted in court is that the two chainsaws found in the garage tested negative for blood. And once they tested negative for blood, the investigators decided not to swab them for DNA. However, there was a lot of talk about the inflatable pool and a sheet that was found in the inflatable pool that had been cut up. There were also numerous rubber mats on the floor which were photographed as having been cut possibly by a sharp object. When you say cut, do you mean cut into pieces? Do you mean slashed?

12:51Anoushka Mutanda-Dougherty:What did it look like? This was another point of contention where the defense pushed back as to the manner in which they were cut. But Wallace did confirm that the mats were cut with a sharp object. But again, throughout the garage on different pieces of equipment, different materials in the garage, including a rowing machine and the Tesla charging plug, all tested positive. again, meaning that the possibility of blood was on these objects. And you mentioned a heavy focus again on that blue inflatable pool. This is going to keep coming up time and time again. If you've been with us for our previous episodes on David, we know from the pre-court filings that the prosecution are alleging that this blue inflatable pool, which they say was delivered to David's home, was where the dismemberment, the unlawful dismemberment of human remains took place.

13:43Anoushka Mutanda-Dougherty:And then yesterday, you also spoke to us about them referencing a blue piece of plastic, blue fragments of plastic that were found on Celeste's remains. Can you talk to me about the blue pool and what condition they found it in? Yeah, so exactly as you said, the prosecution revealed that there were blue plastic remains found among Celeste's corpse when it was recovered. So through examining the garage and finding this blue inflatable pool that was crumbled up into a ball, the prosecution asked what did it smell like, to which Wallace responded, it smelled fresh, like linen, like a fresh laundry-like scent, because there was a dryer sheet found among this crumbled up blue inflatable pool.

14:31And again, the same blood test was conducted on the pool, to which the possibility of blood was revealed again.

14:38Anoushka Mutanda-Dougherty:Yeah, we know this is going to be such a key piece of evidence, because if we look at what the prosecution have said before, they show that what we refer to as sort of a digital diary of purchases of the blue inflatable pool, the chainsaws, etc., cadaver bags, then linking that pool to Celeste's remains and Celeste's remains being found in the Tesla link to David. that's the story that they've told those are the allegations that they've made once again the defense has come in after this and kind of done again what they've done with all of the evidence and outlined and pointed out that the possibility of blood doesn't mean blood the possibility of DNA evidence doesn't mean DNA evidence trying to shake that testimony that's been given there which they are supposed to do at a preliminary hearing they don't have to but they're absolutely it's in their right to do so and do so at trial if it makes its way to trial but then we also had later in the day a move away from this focus on evidence in the garage in the house in the tesla once again back onto david's financial situation the economics of this all and i told you yesterday but i'll just remind you he's been charged with murder one of the special circumstances being murder for financial gain kind of makes it sound like they're alleging that he was paid to murder celeste that's not what it means they're saying that celeste was a witness to a crime being committed against her that he was having an inappropriate sexual relationship with her while she was a minor.

15:56Anoushka Mutanda-Dougherty:She threatened to out him, and this would have made significant loss in earnings for David. And so he mitigated against the financial loss by murdering a witness to a crime, which is another one of the special circumstances. These are all allegations that he denies. But talk to me about what we were told about David's money, his income, his deals that he'd signed. What happened later on in the day? Exactly as you said, one of the key things that the attorney for the family of Celeste Rivas keeps emphasizing is how shocked and surprised he is at the extent of David's wealth. And again, this is a young man who had already made a lot of money from his music career.

16:38And as we are learning throughout this process and learn more today, had the opportunity to make a whole lot more. So what Benjamin Greger, who again was the director of finances for Vision Moguls, which was the talent management firm, he testified along with the vice president from Interscope Records, and they identified that if David's recording contract was set up, that in addition to about$3 million paid in advance for recording the album, depending on how the album sold, he would then also be paid$3 to$6 million. And this recording contract, he said, would last the length of four albums. So cumulatively, with all of the fees and all of the possibilities of earning, David had the opportunity to make$19 million in maximum just from his recording contract.

17:40And he had already made a fair amount of money from his first EP and his first two albums, he had already made about$5.12 million. If the albums didn't sell, the minimum he would make would be around$13 million from this contract. This is also not counting the endorsement deals, the merchandising deals that he had, which were detailed today to be with Bose, the Speaker Company, Hollister and Crocs, and with AMC Content, which were also all lucrative brand deals.

18:12Anoushka Mutanda-Dougherty:So trying to lay out how big the potential risk to his financial situation could have been if what the prosecution are alleging is true. So we've had different pieces of evidence take center stage throughout the day. But what we don't usually see is repeated references to hostility between the defense and the prosecution. If you listen to the podcast a lot, you'll hear our resident trial attorney, Sean Kent, say, even though I'm a criminal defense attorney, I'm usually pretty pally with people on the prosecution. I know them very well. But even on this day, the judge referenced bad blood between the prosecution and the defense?

18:43We really have been seeing a very passionate defense and prosecution from both attorneys in these two days so far. And the most significant moment that came today was when Beth Silverman, the deputy district attorney who is prosecuting the case, Gregor, the director of finances if he had been aware of David and Celeste's relationship. And at this point, Gregor was very vague, but he did reveal that he was aware that David and Celeste traveled to London. And at this point, Silverman then asks him, were you also aware that Celeste was David's girlfriend? Were you aware that David took Celeste to clubs and parties using fake IDs, since both of them would be under 21 at this point?

19:40And immediately the defense stood up, objected, and accused Silverman of introducing facts into the case that had not yet been established in the court. Because up until this point, there had been no mention of fake IDs, no mention of them attending parties or even being in a romantic relationship or even having a relationship at all. And at this point, the judge frankly said, stop both of you, admonishing them and then reminded them, I only am seeking legal questions, legal objections to establish probable cause. She said to the prosecution, you're trying to make a point about that this is negative of what David did or didn't do.

20:22This is a preliminary hearing, so I'm only interested in probable cause. And there was another moment later on in the day when the prosecution tried to take photos of the exhibits during a break, a photo of the defense's exhibits, and claimed that she wasn't aware of what all of the exhibits were, to which the defense denied Silverman allowing her to take photos of that exhibit. And once the court reconvened, they again brought this little mini dispute to the judge. At that point, the judge said, from now on, if we need to handle all matters on the record in front of everyone, we will, because it seems like you guys cannot come to any agreements on your own.

21:09We are seeing bad blood, we are seeing tension.

21:12Anoushka Mutanda-Dougherty:Yeah, so it sounds like quite a tense environment inside the courtroom, as well as extremely emotional. Sam, you're going to be back in there tomorrow. Do we know what we're expecting for the third day of this preliminary hearing? We do not. We do know that there is more to come regarding the evidence that was found in David's house in the Hollywood Hills. There's more to come on that garage. From what we can tell, there is more to come about the extent of David and Celeste's relationship. And we will see more of the prosecution trying to link the evidence of Celeste's death to David. Sam, thank you so much for breaking that down for us today.

21:49Anoushka Mutanda-Dougherty:and we'll catch up with you tomorrow. Thank you so much. That was our Los Angeles reporter, Sam Mulek. And that's it for this episode of Fame Under Fire from BBC Sounds with me, Anushka Matandadauti. As always, if you've got any questions, you can send them to me on social media. It's Anushka underscore MD on Instagram and TikTok. And make sure you subscribe and turn on your push notifications so you never miss a thing. If you've got a scrolling problem, then this is the podcast for you. It's called Top Comet with me, Matt Shea. And me, Marianna Spring. We both investigate social media for a living.

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