Defense attorneys for popular singer D4vd are taking an unusual legal approach by demanding prosecutors immediately and publicly reveal their evidence in the murder case involving 14-year-old Celeste Rivas Hernandez from Lake Elsinore, California.
David Burke, the 21-year-old artist’s real name, is scheduled to appear in a Los Angeles courtroom Thursday for a hearing just three days following his arraignment where he entered a not guilty plea to first-degree murder charges. This comes seven months after authorities discovered the teenager’s dismembered remains inside his Tesla vehicle in the Hollywood Hills area.
In an uncommon legal strategy, Burke is invoking his California right to have a judge determine within 10 court days of his arraignment whether sufficient evidence exists to move forward with a trial.
Most defendants typically waive this particular right, choosing instead to delay this phase of legal proceedings and wait several months before reaching this point.
Lead defense counsel Blair Berk stated to the judge on Monday: “We believe the actual evidence will show David Burke did not murder Celeste Rivas Hernandez.”
Prosecutor Beth Silverman responded in court that the state would be “very happy” to share their evidence, noting that “40 terabytes” of material has been gathered and is available for presentation.
A significant piece of evidence became available Wednesday when the LA County Medical Examiner’s Office released the autopsy findings from months earlier. The report determined that Rivas Hernandez died from two penetrating injuries to her upper torso.
Burke, currently detained without bond, also entered not guilty pleas to charges of lewd and lascivious conduct with a minor under 14 and corpse mutilation. Authorities claim he sexually exploited Rivas Hernandez for approximately one year beginning when she was 13, murdered her when she threatened to expose their relationship, and dismembered her body roughly two weeks afterward.
Thursday’s court appearance falls exactly one year from the date investigators believe she was last seen alive when she visited Burke’s residence.
A confidential grand jury listened to months of witness testimony regarding this case. However, no indictment had been issued when the musician was taken into custody last week. The grand jury’s existence was revealed in a February Texas court document when Burke’s family members attempted to challenge subpoenas requiring their testimony.
Burke’s legal representative informed the judge Monday that this confidential testimony motivated the defense team’s push to make the evidence public.
It remains uncertain whether evidence presentation will commence during Thursday’s hearing or if the session will be used to arrange witness testimony for upcoming days.
The victim’s parents, Jesus Rivas and Mercedes Martinez, issued their first public comments about the case Tuesday, describing their daughter as “a beautiful, strong girl who loved to sing and dance.”
“We love her very much and she always told us that she loved us,” the parents stated. “We miss her deeply. All we want is justice for Celeste.”
The artist known as D4vd, pronounced “David,” built a following among younger audiences with his combination of indie rock, R&B and lo-fi pop sounds. He achieved viral status on TikTok in 2022 through his track “Romantic Homicide,” which reached No. 4 on Billboard’s Hot Rock & Alternative Songs chart. His debut EP “Petals to Thorns” and its follow-up “The Lost Petals” were both released in 2023.
His first complete album, “Withered,” was released exactly one year ago, just two days after prosecutors believe Rivas Hernandez was killed.
