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WHAT WE KNOW so far from closing arguments at D4vd's preliminary hearing: Marilyn Bednarski presented final arguments for the defense, specifically focusing on the three special circumstances of: - Lying in wait The defense argued the prosecution failed to prove Burke intentionally concealed his purpose, watched and waited for a substantial period, and carried out a surprise attack from a position of advantage. She argued the evidence instead showed Celeste Hernandez initiated the meeting, insisted on coming over despite Burke telling her no, while also pointing out Burke was online gaming with two friends shortly before she arrived, which he said undercut any claim that Burke was lying in wait. Bednarksi argued the fatal front-to-back stab wound was inconsistent with a surprise attack. - Financial gain Bednarski argued there was no evidence Burke killed Hernandez for financial gain because the prosecution failed to identify any concrete financial benefit that would result from her death. The defense said Burke wanting to protect his music career was too speculative, arguing future earnings and career prospects are not the type of identifiable financial gain required under the law. - Witness killing The defense argued the prosecution failed to prove Burke's purpose was to prevent Hernandez from serving as a witness in a criminal proceeding, as she made no threat to go to the police. Overall, Bednarski said there was no evidence in this case, only circumstantial evidence, pointing to a lack of video footage to data to prove what Burke was doing during the minutes Celeste was suspected to be killed. Beth Silverman countered all these points during her closing arguments, which are still ongoing. She noted that all three special circumstances were intertwined. "I’m sure the court isn’t surprised to hear that the people’s position is the exact opposite," Silverman said before responding to each point. To the point of lying in wait, Silverman said though Celeste made the plan to meet, she did not know what David had planned for her. The prosecution argued Burke intentionally lured Celeste into a vulnerable position before killing her. The prosecution also pointed to the unlocked gate and door referenced in Burke's tests that he was ready for Celeste to arrive. Silverman stated it does not matter what Burke was doing prior to Celeste's arrival, only that he was waiting for her. To the point of financial gain, Silverman argued Burke's motive was financial, claiming Hernandez had become a threat to his rapidly growing music career. They presented evidence that Burke had recording contracts worth millions of dollars, significant assets and a career that depended heavily on his public image. They stated a firm monetary amount was not required, and future gain was valid under this circumstance. She maintained Burke stood to protect the financial value of his career and future earnings by eliminating that threat, making financial gain a motivating factor in the killing. To the point of witness killing, Silverman stated Burke killed Celeste to prevent her from reporting their relationship to friends, family and on the internet, as she threatened to do in their text exchanges. She argued Burke understood she posed a serious legal risk and killed her to silence her before she could report him, leading to a future criminal proceeding. According to Silverman, witness killing stands even if there is not a current criminal proceeding at the time of death. At noon, the judge asked Silverman how many more minutes she needed to complete her argument, and Silverman stated 10 more minutes. The judge decided to break for lunch at this point. Silverman will resume her closing arguments at 1:30 p.m. Before breaking for lunch, Silverman delivered a chilling line that had a reporter in the room muttering, "Jesus." "Her body turned to liquid while he went on tour," Silverman said, as she laid out what she believes happened to Celeste Rivas Hernandez. @conlin_lauren @LAmag
UPDATE: We are now on another 15 minute recess. Both the prosecution and the defense have rested. Beth Silverman asked for time to gather her notes before final arguments. In the final moments of Blair Berk's cross-examination, she pushed that there is not video evidence or data showing what Celeste and David were doing between 10:10 p.m. and 10:31 p.m. on April 23, 2025, the time Celeste is believed to be killed. Berk asked whether investigators found any text messages or other digital evidence showing what Celeste and David were doing afterward at 10:11 p.m., after confirming the drop-off time, Farrell responded, "Correct," indicating there was no such evidence. Berk then said there was not any electronic communications or text messages between 10:11 p.m. and 10:31 p.m. confirming what the pair were doing. Farrell again answered, "Correct." Berk also asked whether investigators determined that David Burke was away from the home during the day on April 23. Farrell replied, "I don't know." When Berk followed up by asking whether Burke's activities that day had been investigated, Farrell again said he did not know. Berk then noted that investigators were aware of text messages between Celeste and David indicating Burke was away from the home during the day, attending an Interscope meeting. Farrell confirmed, saying, "Yes," saying he was aware of the meeting. Berk said no more questions. When given the opportunity to respond, Silverman established why no video evidence existed. She asked Farrell to clarify this, and Farrell said because of the amount of time that passed while the body had been concealed, video evidence was not available when the investigation began. Silverman had nothing further to add.
D4VD HEARING UPDATE: – David Anthony Burke entered the courtroom appearing relaxed and in good spirits. He smiled and whispered with defense attorney Blair Berk, and at one point seemingly joked with the courtroom clerk about water. – Deputy District Attorney Beth Silverman resumed Detective Farrell's testimony by establishing that Burke and Celeste Rivas Hernandez remained in regular contact through mid-March 2025 and exchanged between 8,000 and 9,000 text messages before her death. Silverman focused on conversations from April 22-26, 2025, the time period leading up to Celeste’s death, including messages about Burke's friendship with Ayisa Collins. – Silverman then walked through the April 23 conversation in which Burke and Celeste coordinated an Uber ride to his home. The messages showed Burke ordering the ride at Celeste's request, confirming the pickup location and tracking the driver's arrival: 5:07 p.m. D: why do i have to show u everything i get C: ummmbecause i had ur embryo in me C: get uber queen C: 33070 D: getting it C: jamieson st Silverman asks if thats the same street her family lived on at the time. Farrell, “yes.” D: 4 min D: 1 min D: hes there 8:39 p.m. C: okkk C: girly pop im almost there open ur door if ur homeee D: got uu *no movement, no emotion from david here.” 10:10 p.m. D: gate open door unlocked 10:31 p.m. D: uber said ur here wya? After this, Burke repeatedly texted Celeste, asking where she was. His final messages were sent around 11:41 p.m. – The prosecution then shifted to digital evidence. Detective Farrell testified Uber records showed the ride arrived around 10:10 p.m. Prosecutors also introduced evidence regarding cellphone movements, Burke's Tesla and a photograph of the Tesla's navigation screen showing Santa Barbara destinations, including Lake Cachuma and a Tesla Supercharger in Santa Ynez. Defense questions investigation and age representations – On cross-examination, Blair Berk challenged Detective Farrell's recollection of early communications between Burke and Celeste. Farrell repeatedly testified that he reviewed thousands of messages and could not remember individual conversations without reviewing Cellebrite reports. Berk also established that investigators found Celeste had represented herself as both 16 and 18 years old at different times and noted the defense had prepared its own compilation of raw iCloud message data, to which Farrell said he did review this in their messages. – Berk introduced additional portions of the April 22-23 conversations that were not discussed during direct examination. She pointed to messages in which Celeste threatened to mutilate Burke, kill him, ruin his career, contact his mother, leak damaging information and spread information to people in his professional life. Detective Farrell agreed those messages existed and testified he did not recall seeing Celeste threaten to report Burke to police or reference participating in a criminal prosecution. – Blair Berk questioned Farrell about the extent to which Burke and Celeste's relationship was known before April 2025. Farrell testified that Celeste's parents, relatives, friends and Burke's mother were aware of the relationship. He also confirmed Burke attended church with Celeste's family, spent time with them at malls and amusement parks, and that Celeste's parents signed a notarized travel consent form allowing Burke to take her to London in September 2024; this was all found through text message evidence. Farrell also testified Celeste attended Coachella and Burke's performances with people in Burke's circle. – Berk attempted to question Farrell about allegations that Celeste had previously committed domestic violence against Burke and made reference to Celeste allegedly bringing up bipolar disorder, which Silverman objected. The judge ruled those topics were not relevant to the probable cause issues being considered at the preliminary hearing. This would be evidence used by defense in a trial. @conlin_lauren @LAmag – Berk seemed to be insinuating that Celeste was abusive towards David, pointing to this message sent by her: Celeste: oh my fucken god I swear to GOD i will kill u she was in my dam seat i will strangle u to fucken death bro i will tell my dad so many fucken lies about u dead ass i will end ur career and ur life i will damage anything
