The preliminary hearing in the murder and sexual assault case against Houston rapper D4vd opened July 21 in downtown Los Angeles with crime scene photographs of 14-year-old Celeste Rivas Hernandez's remains projected onto a large courtroom screen, as her parents sat feet away in the front row of the gallery.
The victim's mother, Mercedes Martinez, bowed her head and looked away while her father, Jesus Rivas, kept his eyes on the screen with a mournful expression. Deputy District Attorney Beth Silverman, who displayed the photographs, paused at one point and appeared to mouth "Are you OK?" toward the family.
David Anthony Burke, 21, who performs under the stage name D4vd, sat shackled to his chair in an orange jail jumpsuit and showed no reaction as the photos were displayed. He has pleaded not guilty to all charges.
LAPD Robbery-Homicide Detective Joshua Byers testified about discovering Rivas Hernandez’s remains in bags. "There was quite a bit of decomposition," Byers said when asked about the condition of her face, noting that he observed insects, maggots, and flies throughout the scene.
Prosecutors allege Burke stabbed Rivas Hernandez and then used a chainsaw to dismember her body. They further allege he amputated two of her fingers to remove a tattoo linking the pair, a detail supported by photographs shown in court. Blue plastic flecks visible in one image, prosecutors contend, came from an inflatable pool Burke allegedly used during the dismemberment. Burke's DNA and blood evidence were found in the garage of his Hollywood Hills home, according to prosecutors.
The prosecution's theory is that Burke killed Rivas Hernandez to prevent her from exposing years of alleged sexual abuse he feared would end his music career. Special circumstance allegations include murder of a witness, murder for financial gain, and lying in wait. If convicted on the most serious charges, Burke faces either life in prison without parole or the death penalty.
Judge Charlaine Olmedo is presiding over the four-day hearing, which has no jury. Its sole purpose is to determine whether prosecutors have presented sufficient evidence to send Burke to trial. Burke has been held without bail since his arrest in April.
Defense attorneys Blair Berk and Marilyn Bednarski represent Burke. At an April court appearance, Berk said: "We believe the actual evidence will show David Burke did not murder Celeste Rivas Hernandez, nor was he the cause of her death."
