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D4vd Preliminary Hearing, Day 3: Defense Targets DNA Procedures and Untested Chainsaws as Prosecution Links Burke to Passport Discovery Site

Elena MarquezPublished 2w ago6 min readBased on 7 sources
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D4vd Preliminary Hearing, Day 3: Defense Targets DNA Procedures and Untested Chainsaws as Prosecution Links Burke to Passport Discovery Site

On the third day of David Anthony Burke's preliminary hearing in Los Angeles County, defense attorneys cross-examined law enforcement witnesses on gaps in forensic testing while prosecutors continued building a circumstantial case linking the musician known as D4vd to the death of 14-year-old Celeste Rivas Hernandez (The Guardian).

Burke, 19, faces charges of first-degree murder, lewd and lascivious acts with a child under 14, and mutilation of human remains. He has pleaded not guilty to all charges. The Los Angeles County District Attorney's Office, which announced the charges on April 20, 2026, characterizes the murder count as "capital murder," making it a death-penalty-eligible offense. DA Nathan J. Hochman personally announced the charges. Prosecutors have not announced whether they will seek the death penalty if Burke is convicted (Newsweek).

The criminal complaint, case number 26CJCF02399, alleges that Burke fatally stabbed Rivas Hernandez to prevent her from exposing the sexual nature of their relationship. The prosecution's theory, as presented across the three hearing days, connects Burke's Hollywood Hills residence, his Tesla vehicle, and a remote stretch of State Route 154 in Santa Barbara County.

Prosecutors presented evidence that possible traces of blood were detected in Burke's former Hollywood Hills residence and in his Tesla. A detective testified that Burke ordered chainsaws and body bags (Associated Press). On day three, defense attorney Blair Berk pressed LAPD criminalist Lauren Wallace on a critical gap: the chainsaws found in Burke's garage were not subjected to forensic testing. The line of questioning goes to the heart of the defense's effort to challenge the thoroughness of the police investigation rather than dispute individual pieces of evidence in isolation.

Berk also asked Wallace whether she was aware that multiple people lived at the Hollywood Hills residence. Wallace confirmed she was. The question signals a potential alternative-source argument: if several individuals had access to the residence and its garage, the presence of forensic traces or physical items there cannot be attributed solely to Burke.

Defense attorney Regina Peter pursued a similar thread with California Highway Patrol officer Sean Buenrostro, who testified that a Caltrans worker found a passport bearing Celeste Rivas Hernandez's name and photograph in January 2026 on a dirt embankment off State Route 154 in Santa Barbara. Peter asked Buenrostro whether he had ruled out the possibility that the passport arrived at the embankment due to a storm or weather event. The question targets the reliability of the physical evidence's provenance and whether environmental factors could account for its presence at the location.

A detective testified on Thursday that cellular data and Tesla system data placed Burke in the area where the passport was discovered. The combination of vehicle telemetry and phone records constitutes the prosecution's effort to connect Burke to the Santa Barbara site independently of the passport itself, which the defense is working to sever from any inference of Burke's direct involvement.

Defense lawyers also questioned police analysts about DNA testing procedures more broadly (Associated Press), suggesting that the methodology used to identify and process potential blood traces may be vulnerable to challenge on chain-of-custody, contamination, or analytical-sufficiency grounds.

The preliminary hearing, which determines whether sufficient evidence exists to hold Burke for trial on all charges, is expected to conclude by early the week of July 27, 2026. In a California preliminary hearing, the prosecution's burden is probable cause, a markedly lower standard than proof beyond a reasonable doubt. The defense's cross-examination strategy at this stage often serves a dual purpose: testing the strength of the state's evidence for any potential suppression or dismissal motions, and preserving testimony for impeachment at trial.

The charges against Burke, filed under case number 26CJCF02399, were first announced in an April 20 press release from the LA County DA's office titled "Singer D4vd Charged With Capital Murder of 14-Year-Old Girl" and were also featured in the office's "Inside LADA" newsletter. The Associated Press contributed reporting to The Guardian's July 23 coverage of the hearing.

Several structural elements of this case warrant attention as the hearing approaches its conclusion. The capital murder designation gives prosecutors the option to pursue the death penalty, a decision that typically rests with the DA after conviction but that can shape charging strategy and plea negotiations well before trial. The mutilation-of-human-remains charge, combined with testimony about ordered chainsaws and body bags, suggests the prosecution intends to argue a deliberate post-mortem concealment effort, which could factor into sentencing enhancements if Burke is bound over for trial. And the defense's focus on untested evidence and shared-access living arrangements signals that the trial, if it proceeds, will likely center on the sufficiency and reliability of forensic processing rather than alibi-based defense.