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Judge sets date for evidence against singer D4vd in killi...
Andrew Dalto · 2026-04-24 · via PBS NewsHour - The Latest

LOS ANGELES (AP) — Lawyers for singer D4vd insisted Thursday on forcing prosecutors to show what evidence they have, and a judge set a hearing for next week for them to lay it out publicly in the killing and dismemberment of Celeste Rivas Hernandez.

The 21-year-old whose legal name is David Burke appeared in a small Los Angeles courtroom in orange jail clothes sitting next to his attorneys, exactly one year after authorities say Rivas Hernandez, a 14-year-old from Lake Elsinore, California, was last known to be alive.

READ MORE: What to know about singer D4vd's arrest in 14-year-old's killing

Burke was brought into court wearing handcuffs that were removed when he sat. He spoke only to say "yes, ma'am" to a procedural question from Superior Court Judge Charlaine F. Olmedo, who set the four-to-five-day preliminary evidentiary hearing to start May 1. She will determine whether there is probable cause to send Burke to trial.

Deputy District Attorney Beth Silverman said the prosecution has voluminous evidence that will take time to share, including child sex abuse images taken from Burke's phone with a warrant that must be handled sensitively.

"I cannot turn that type of materials over," Silverman said.

But she said the prosecution is fine with working on an incredibly tight timeline for the hearing, which usually comes many months after defendants are arrested and charged.

"We'll be ready," she said.

"Today it's been exactly one year since the death of Celeste," the prosecutor said. "We're eager to set this case for trial."

Burke was arrested on April 16 and pleaded not guilty Monday to first-degree murder, lewd and lascivious acts with a person under 14 and mutilating a dead body.

His lawyers spoke only about the exchange of evidence at Thursday's hearing and declined to comment outside court. But at his arraignment, defense attorney Blair Berk told a judge, "We believe the actual evidence will show David Burke did not murder Celeste Rivas Hernandez."

In a rare move, the singer is exercising his right in California to have the preliminary evidence hearing within 10 court days of his arraignment. It is not entirely clear why his lawyers are pursuing the strategy. Berk said in court previously that with all the secret evidence gathered in the case, they simply want it seen.

The body of Rivas Hernandez, with the head and arms cut off, was found in two bags in a seemingly abandoned Tesla registered to Burke that was towed from the Hollywood Hills while he was on tour.

In an autopsy report unsealed Wednesday, the LA County Medical Examiner determined that she died from two penetrating wounds to her upper body. The decomposing body made the examination difficult. Investigators did not determine how she got the wounds, and no weapon was recovered, the report said.

Prosecutors allege Burke had been sexually abusing Rivas Hernandez for at least a year starting when she was 13; killed her on or around April 23, 2025, after she threatened to report the relationship; and dismembered her body about two weeks later.

Silverman said the evidence includes the contents of his phone and iCloud accounts, items seized from many search warrants and a huge amount of forensic material. And it includes witness testimony given to three different grand juries, whose existence she confirmed for the first time publicly Thursday.

Silverman said the grand juries, which have subpoena power, were called only for investigative reasons. Defense attorneys and court observers have questioned why no grand jury indictment was issued against Burke before his arrest.

"It's been an informative hearing," Berk, the defense attorney, told the judge.

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" and saying "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 in 2025.

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