Why has D4vd’s preliminary hearing been pushed back again?

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0:44Anoushka Mutanda-Dougherty:Hello and welcome back to Fame Under Fire from BBC Sounds with me, Anushka Matandar-Dawati. On Tuesday, David, D4VD, real name David Anthony Burke, was back in court for a status conference. The hearing was to determine if both sides, the prosecution and the defence, are prepared for a preliminary hearing originally scheduled for later this month. That's a big deal. It's where the judge decides if there is enough evidence for this case to proceed to trial. Now, just to warn you, some details in this case are graphic and some listeners may find them upsetting. But just a reminder, the singer David has been charged with the murder, dismemberment and continuous sexual abuse of Celeste Rivas Hernandez, whose body was found inside the front trunk of a Tesla linked to him in 2025.

1:27Anoushka Mutanda-Dougherty:David has entered a not guilty plea on all charges. When he entered that plea, his team asked for a preliminary hearing, saying, We believe the actual evidence will show that David Burke did not murder Celeste Rivas Hernandez, nor was he the cause of her death, and we would like to be able to have the evidence come into the light of day at the earliest opportunity. Now, last month, the Los Angeles County Medical Examiner's Office released the long-sealed medical examiner's report on Celeste's death. The examination concluded that Celeste died of, quote, multiple penetrating injuries with an object or objects.

2:00Anoushka Mutanda-Dougherty:And then the prosecution filed a document we were not expecting, where they set out their case and the evidence they claimed to have. We have an episode on that, so you can go back and listen to that if you want the details. But a lot has changed at this status conference, so let's get into it. Now, the preliminary hearing date has moved to the 29th of June because everything is not on track. And that's because of the volume of evidence that the prosecution say they have, which they must turn over to the defence team in discovery. There is so much material and it's still being uploaded. That upload started last week.

2:32Anoushka Mutanda-Dougherty:So it was the defence that asked for the preliminary hearing to be delayed. The judge, Charlene Almeido, agreed. Now, David's lawyers had initially pushed for an immediate preliminary hearing, but they have backed off that and delayed the process. They have said, quote, quote, it's hard to argue what you don't know yet. And there are still discovery concerns, including outstanding DNA evidence. The prosecution said, quote, we want to make sure we are not doing this over and over. It holds us hostage. So they are clear they don't want any more delays. Now, we also know that the preliminary hearing is expected to last at least five days.

3:06Anoushka Mutanda-Dougherty:And another status conference hearing will take place on the 17th of June. What about David? He was in court in an orange jumpsuit. he said a few words to acknowledge that he knew what was happening. Again, David has entered a not guilty plea on all charges. So that's the latest update. But for the rest of the episode, I'm going to deep dive on those charges against David and the evidence the prosecution allege they have. Now, one of the charges, the charge of continuous sexual abuse of a minor under 14 years old, carries up to 16 years under California state law, where the singer, David, has been charged.

3:41Anoushka Mutanda-Dougherty:The prosecution allege... And the investigation was into the lewd and lascivious sexual acts committed by Mr. Burke that is the subject of count two of this complaint with Celeste while she was under 14 years old. Whilst child sexual abuse is abhorrent at any age, California law makes a distinction when the child is under 14. The crime is elevated to a higher level of severity because it views prepubescent and young adolescent victims as especially vulnerable. It also increases the amount of time the abuser can be sentenced to if convicted, gives the prosecution more leeway in terms of admitting prior sexual conduct in as evidence, and often means harsher bail conditions.

4:25Anoushka Mutanda-Dougherty:In this case, we know David is being held without bail. Now, the element of the charge being continuous sexual abuse is also important. It means the prosecution don't have to prove individual acts of child sexual abuse tied to specific dates. Rather, they have to prove that there were three or more lewd acts or substantial sexual contact that occurred over at least three months. A big legal distinction is that any potential jury don't need to unanimously agree on the exact individual acts tied to specific dates, but rather that there was repeated abuse within the time frame. This law was actually created to help get convictions for children experiencing abuse over a long period of time as it's difficult to recall exact dates or sequences of events.

5:08Anoushka Mutanda-Dougherty:Now this is the alleged evidence for continuous child sexual abuse that the prosecution have referred to in their preliminary briefing document. Number one, the description of photographs of Celeste naked and engaged with the defendant in sexual activity when she was 13 years old. They make clear these photos won't be shown at any potential preliminary hearing because that would constitute CSAM, child sexual abuse material. Descriptions will be given instead. Now, these images would make up part of or all of the CSAM they allege that they found on David's electronics. The prosecution have not stated if all the images were of Celeste.

5:43Anoushka Mutanda-Dougherty:Number two, numerous text messages between the defendant and the victim evidencing their sexual relationship, pregnancy, abortion and use of Plan B emergency contraceptive. They also include this, quote, messages through 2025 prove the defendant continued to manipulate the victim as she messaged, quote, all we do is have sex and just hang out man I want more than that for myself close quote now it is not necessary to prove coercion or manipulation in cases of child sexual abuse you just need to prove the abuse took place in the eyes of the law children can't be coerced into giving their consent as they can't legally consent at all they are too young even if they say I wanted to do this I was a willing participant the law says you physically can't be however that text message could be used at sentencing if David is convicted of this charge.

6:31Anoushka Mutanda-Dougherty:Because prosecutors can say they are aggravating factors in the way the crime was committed, that means the sentence applied needs to be enhanced, as in they need to be locked up for longer. So they'd say something like, Judge, not only did the defendant continuously abuse this child, but when they voiced that they wanted to stop or were not happy, they disregarded what they said or manipulated them so they could carry on with the abuse. For this reason, your honour, this person should spend more time in jail.

7:00Anoushka Mutanda-Dougherty:The next charge is murder. Now, the special circumstances applied to the murder case in the case of David are lying in wait, murder for financial gain and murdering a witness. Special circumstances are added by the prosecution when they determine that the way the crime was committed was especially egregious, that it should face elevated punishment under the law. So in California law, first degree murder does not automatically mean eligibility for the death penalty. However, if this case goes to trial and the prosecution prove the murder charge and prove at least one of the special circumstances, this case becomes eligible for the death penalty or life without parole.

7:36Anoushka Mutanda-Dougherty:Now, we don't know at this point if the district attorney's office are seeking the death penalty. They have yet to confirm a decision. There is also another point worth noting. Executions in California are paused under a gubernatorial moratorium. Now, gubernatorial means linked to a governor. And that is exactly what happened. Gavin Newsom, the governor of California, used his executive authority to pause executions in California. We will reprieve those on death row. We're not commuting the sentences. People still remain in custody. We are no longer going to support the injection protocol. and we are, as I speak, as I speak, shutting down, removing the equipment in the death chamber at San Quentin.

8:26Anoushka Mutanda-Dougherty:Prosecutors still ask for the death penalty for various reasons, like indicating the severity of the charge and it can impact plea negotiations. Now, the murder for financial gain and murdering a witness are directly linked to the charge of continuous child sexual abuse of a minor under 14. The allegation is that David was abusing Celeste, that this abuse started when she was 13 and he was 18. In the preliminary briefing document, the prosecution alleged that, quote, April 23rd, 2025 is likely the date of the victim's death and when all her cellular activity ceased. The night prior, April 22nd, 2025, defendant and victim engaged in a lengthy argument described in detail in their text messages.

9:05Anoushka Mutanda-Dougherty:The messages reveal the victim's jealousy over defendant's relationships with other women, as Defendant led her to believe they had a future together. She became extremely upset and threatened to disclose damaging information about her relationship with Defendant to end his career and destroy his life. Defendant's first studio album was due to be released on April 25, 2025. He had an emerging multi-million dollar career already in progress. He also had multiple product endorsements which were highly profitable. At approximately 8.40pm on April 23, 2025, Defendants sent an Uber to transport the victim from her Lake Elsinore home to his residence They communicated before and during her Uber ride Which dropped her off at Defendants Hollywood Hills home around 10 past 10pm At approximately 10.30pm Defendants sent text messages to the victim inquiring where she was The people contend this was part of the Defendants premeditated plan to cover up the murder As she was already dead by this time Knowing he had to silence the victim before she ruined his music career as she had threatened, very soon after her arrival at his home, defendants stabbed the victim to death multiple times and stood by while she bled out.

10:12Anoushka Mutanda-Dougherty:At no time did he call law enforcement or 911 or take her to an emergency room to attempt to save her life. So the prosecution alleged that Celeste was a first-hand witness to a crime being committed against her, the sexual abuse she allegedly endured at the hands of David, meaning if she made the abuse public and he was investigated and charged, she could have testified as to what she experienced at trial. Now, when it comes to the special circumstance for murder for financial gain, the prosecution aren't saying that David was paid money to kill Celeste or received money for killing Celeste. They're saying that he was mitigating against a financial loss by her ruining his music career if she made the allegations of continuous child sexual abuse public.

10:53Anoushka Mutanda-Dougherty:Now, the third alleged special circumstance is lying in wait. This means the crime was premeditated and planned. It was not a crime of passion or self-defense. Now, the theory of murder that the prosecution have presented hinges on a determined cause of death. The medical examiner's report says,

11:21Anoushka Mutanda-Dougherty:It also says, There are two penetrating wounds of the torso with smooth edges that may represent sharp force injuries. Legal experts have noted that the language in the medical examiner's report leaves room for doubt that this was the definitive cause of Celeste's death and that perhaps this is something the defence will highlight if this case goes to trial.

11:44Anoushka Mutanda-Dougherty:The final charge is the unlawful dismemberment of human remains. Now, the prosecution alleged that the evidence that they have for this is extensive. They say, quote, tellingly, defendant subsequently purchased tools to carry out his plot to dismember and dispose of the victim's body. On April 24, 2025, defendant ordered a shovel from Home Depot that was delivered to his home from Postmates. On the 1st of May, 2025, defendant ordered and subsequently Amazon delivered two chainsaws to his home. On May 5, 2025, defendant ordered and Amazon subsequently delivered a body bag, heavy duty laundry bags and a blue inflatable pool to his home.

12:23Anoushka Mutanda-Dougherty:He made these purchases under the fake name Victoria Mendez. They continue. Additionally, on July 7th, 2025, defendant ordered and subsequently Amazon delivered a burn cage to his home under the same fake name as part of his plan to incinerate evidence. Moreover, defendant took horrifying measures to destroy and discard the victim's body. After placing her body into the blue inflatable pool to prevent her blood from spilling onto his garage floor, defendant used a chainsaw and perhaps other tools to cut off her limbs. Small blue plastic fragments were found embedded in the victim's remains, which were collected by the Los Angeles County Medical Examiner's Department.

13:00Anoushka Mutanda-Dougherty:The fragments were analysed by the LAPD's Forensic Science Division Trace Analysis Unit. An expert was able to make a physical fit match from the blue fragments to the blue inflatable paw purchased by defendant in May 2025. In order to distance himself from the victim, he amputated her left ring and pinky fingers because her ring finger contained a tattoo of his name. Her fingers have not been recovered. Defendant then placed her head and torso into the cadaver bag he purchased. He placed her limbs into a garbage bag, which he deposited into his front trunk, laying the cadaver bag on top. For several weeks or possibly months, defendant left the victim's body to decompose inside his Tesla.

13:37Anoushka Mutanda-Dougherty:He lied to friends, business associates and others who noticed a strong smell of decay in and around his home and vehicle. Before leaving on his concert tour at the end of July, he parked his Tesla on the street around the corner of his home. Now, when it comes to the Tesla, they go on to say, quote, surveillance, video and other evidence confirmed defendant was the last person to drive the vehicle on July 29th, 2025, before he left Los Angeles on a concert tour. Now, I've been asked a few times if the dismemberment charge and the murder charge are linked. Yes, in the prosecution's allegations, David dismembered Celeste in order to hide his crime of murdering her.

14:13Anoushka Mutanda-Dougherty:That's the allegation. but dismemberment is a charge in and of itself and there is the possibility of receiving a conviction for dismemberment but not murder. This charge carries up to three years in jail. Once again, David has entered a not guilty plea on all charges but those are the allegations and that is the evidence the prosecution allege that they have. And that's it for this episode of Fame Under Fire from BBC Sounds with me, Anushka Matanda-Dowherty. 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.

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