SWFL.io - Local NewsLOS ANGELES (AP) — Lawyers for singer D4vd are pushing to have prosecutors quickly and publicly present the evidence they have against him in the killing of Celeste Rivas Hernandez, a 14-year-old girl from Lake Elsinore, California.
The 21-year-old whose legal name is David Burke returns to a Los Angeles court for a hearing Thursday, just three days after he was charged and pleaded not guilty to first-degree murder, and seven months after the girl's dismembered body was found in his Tesla in the Hollywood Hills.
In a rare move, he is exercising his right in California to have a judge decide within 10 court days of his arraignment whether there is enough evidence to proceed to trial.
Nearly all defendants waive this right, slow-pedal this part of the process and wait months to reach this stage.
“We believe the actual evidence will show David Burke did not murder Celeste Rivas Hernandez,” lead defense attorney Blair Berk told a judge Monday.
Deputy District Attorney Beth Silverman said in court that the prosecution would be “very happy” to present their evidence, and that “40 terabytes” of it have been collected and can be shared.
One key set of evidence became public Wednesday with the release of the months-old autopsy report from the LA County Medical Examiner’s Office. It said Rivas Hernandez’s death was caused by two penetrating wounds to the upper body.
Burke, who is being held without bail, also pleaded not guilty to lewd and lascivious acts with a person under 14 and mutilating a dead body. Prosecutors allege he had been sexually abusing Rivas Hernandez for at least a year starting when she was 13, killed her when she threatened to report the relationship and dismembered her body about two weeks later.
Thursday's hearing comes exactly one year after the day authorities say she was last known to be alive and went to Burke's house.
A secret grand jury heard months of testimony in the case. But it had not issued an indictment when the singer was arrested last week. Its existence became public in a February court filing in Texas where Burke’s relatives sought to reject subpoenas that they testify.
His attorney told the judge Monday that it was this secret testimony that was prompting the defense to attempt to have the evidence be seen.
It is not clear whether the presentation of evidence would begin at Thursday's hearing or whether the proceedings will be used to schedule witnesses for the coming days.
The girl's parents, Jesus Rivas and Mercedes Martinez, made their first public statement in the case on Tuesday, calling their daughter “a beautiful, strong girl who loved to sing and dance.”
“We love her very much and she always told us that she loved us," they said. "We miss her deeply. All we want is justice for Celeste.”
D4vd, pronounced “David,” gained popularity among young fans for his blend of indie rock, R&B and lo-fi pop. He went viral on TikTok in 2022 with the hit “Romantic Homicide,” which peaked at No. 4 on Billboard’s Hot Rock & Alternative Songs chart. He released his debut EP “Petals to Thorns” and a follow-up, “The Lost Petals,” in 2023.
His debut full-length album, “Withered,” was released one year ago, two days after the date prosecutors estimate that Rivas Hernandez was killed.