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[00:02]
Host 1
I'm not giving up. I am selling the building.
[00:07]
Sponsor/Promo Voice
The final season of FX is the Bear.
[00:10]
Host 1
The restaurant is flooded.
[00:13]
Legal Analyst
Everything's either gonna be okay.
[00:15]
Lyndon Blake
No, stop.
[00:17]
Host 1
Or not. We are outgunned and we are outmanned.
[00:21]
Sponsor/Promo Voice
But we have each other. FX's the Bear the Final Season, all episodes now streaming on Disney plus. What if a few minutes with God could change the direction of your entire Day? With pray.com you can begin each morning with powerful daily prayers, inspiring Bible stories, and messages created to strengthen your faith. Whether you need peace, encouragement, or a fresh start, pray.com helps you make prayer part of your everyday Life. Download the Pray.com app today,
[01:05]
Lyndon Blake
David will stand trial for the murder of Celeste Rivas Hernandez. During a disturbing preliminary hearing in Los Angeles, grim details were revealed about how the pop star slew the 14 year old girl before storing her away in his Tesla for months. What new bombshell evidence was shared by the prosecution? What did the defense zone in on as they prep for trial? I'm Lyndon Blake and you're listening to that's so Criminal.
[01:35]
Host 1
That's so Criminal.
[01:40]
Lyndon Blake
If this is the first you've heard about this horrific case. We covered the full story back in May. But for now, here's a quick recap for all of you. Prosecutors say the alleged communication between David Anthony Burke, who professionally went under the name D4VD, which is pronounced David. His relationship with Celeste began back in 2022 when she was just 11 years old. They say that a sexual relationship started in late 2023, when she was 13 and he was 18. Celeste's remains were discovered in September 2025, dismembered and packed into two body bags stacked on top of each other and in the front trunk of David's Tesla. Investigators estimate that she'd been dead for roughly four months before they found her body. At the conclusion of the preliminary hearing, Judge Charlayne Olmedo ruled that the case had enough evidence to move to trial. The preliminary hearing ran for five days, well beyond the roughly three days investigators had expected. Heading in the extra time, though, gave both sides room to put more on the record than most hearings. At this stage, David faces first degree murder, continuous sexual abuse of a child, and unlawful mutilation of human remains. On top of all of that, prosecutors added three special circumstance allegations, murder of a witness, murder for financial gain, and murder by lying in wait. David remains in custody without bail, his arraignment scheduled for August 31, with the trial likely to follow two to three months after that. There's still one major question in all this. District attorney Nathan Hockman has not said whether his office will pursue the death penalty. Former prosecutor David Gelman explains why.
[03:26]
Host 1
Well, I think it's for negotiation purposes, first off. I mean, it's still a new case. He hasn't even been arraigned. So his arraignment's not until late August. I believe so. And I think they're probably still collecting more evidence. I think that they'll probably have that on the table for sure. And that's a major tool for any prosecutor to have the death penalty on the table, because if you have that on the table, you're able to potentially get a plea a little easier.
[03:58]
Lyndon Blake
So, speaking of evidence, let's start with what the forensic evidence showed. Detective Joshua Byers testified about the condition of Celeste's remains. Both of her limbs were missing, along with two fingers. Investigators believe those fingers were removed because one of them had a tattoo of David's name. Another unsettling detail that surfaced in David's booking photo was that he has a tattoo of Celeste's name visible on his own skin. The physical evidence extended beyond the remains themselves. LAPD criminalists testified that they found potential blood matching Celeste's DNA. But beneath mats in David's garage. Purchase records show that David bought a chainsaw before Celeste's death. When officers examined his Tesla, they described a strong odor of decomposition. And they found 11 separate air fresheners placed throughout the car. Some of those air fresheners were right next to the body in the frunk of the Tesla. Now, the frunk of a Tesla is just the front trunk of a of the car. It's a very tiny space. To give you a picture, my hand takes up about a fourth of a frunk. And this is where the body was found. And the body was found under maggots, under dead flies. This was all revealed in the preliminary hearing. There was even a photograph showing that air freshener in the frunk covered in dead flies. Now, I can't imagine what Celeste's parents had to be thinking when they were sitting there in that courtroom as they had to witness what their daughter's body was found like. Medical examiner Dr. Grant Ho testified that Celeste did die from two sharp force injuries. One that penetrated her liver and another that damaged her ribs. And according to Dr. Ho, she likely bled out over a period ranging from minutes for up to an hour. Evidence also presented during the prelim was that Celeste was dismembered with some type of power tool. And that's important to remember because there was that chainsaw that records show that David bought. And because the decomposition of her body by the time she was discovered in that Tesla, investigators have still not been able to determine an exact time or date of death.
[06:18]
Host 1
Well, it's all circumstantial evidence right now. And, you know, circumstantial evidence is much different than direct evidence, meaning, like, you know, you look outside and you see, you know that it's wet outside. Okay, well, you don't see that it rained, but you know that rain because obviously it's wet outside. That's kind of circumstantial evidence, but they have a lot of it.
[06:39]
Lyndon Blake
But what motive could David possibly have had for this horrific crime? Well, prosecutors laid out a motive centered around his budding music career at the time of the murder. His debut album was releasing. I'm talking about at the exact time of the murder. And David's earnings were reportedly north of $10 million. So that's a huge amount of money on the line for a career to just go up in flames because of the allegations that this minor Celeste said she had on him. The prosecution's theory is that Celeste threatened to expose the relationship right as the success was taken off for David and that he killed her to protect it. Deputy District Attorney Beth Silverman described David in court as an adult who manipulated and pressured a minor and who killed her once became a threat to him.
[07:32]
Host 1
That's so criminal.
[07:36]
Lyndon Blake
Up next, what David's own phone revealed about the months leading up to Celeste's death and the defense argument that could complicate this case in ways you might not expect. Okay, I don't know about you, but I swear, every time I open the news lately, there's another food recall or another thing people are saying to avoid. At this point, I'm just trying to make dinner without having to investigate it. Like, it's one of my cases on that. So criminal. And that's honestly why I've been on such a pasta kick lately. And specifically hero noodles. Y' all know me. Mac and cheese all day, every day. And I just discovered hero's elbow noodles you would never believe. They have 32 grams of fiber, 12 grams of protein, and just 80 calories per serving. These were so good. I describe them as bouncing in my mouth because that's just. It was like a party, like a food party. Like doing the whole food happy dance thing. And my husband, who normally is like, you bought healthy fiber filled pasta. Get it away. It's disgusting. He said this was the best noodles he's ever had. Make me more. And here is not just noodles. They also have sliced bread, tortillas, buns, and bagels. So it's become an easy way for me to swap in products that actually fit my goals without feeling like I'm giving something up. Who doesn't love pasta to make things just even better? Because obviously, you can tell I'm a big fan. They have zero grams of sugar. I'm trying to cut out sugar. Sugar bad. So with Hero Noodles, I get that. No sugar. Herobread is offering listeners 10% off your order. So go to Hero Co and use the code DWCRIME at checkout. That's code DWCRIMEH E R O DOT CO. Trust me, you're gonna love it. Text messages recovered from David's iCloud account showed that Celeste became pregnant in late 2023, when she was just 13 years old. In January 2024, text messages between the two of them discussed aborting the baby. Two days before the abortion, David asked Celeste if the baby is his, and she says, of course. There was another text shown from Celeste to David that read, it's okay. Neither of us are capable of watching and taking care of the baby. It's for the best. No. But later texts indicate that Celeste was open to keeping the baby. Text shown in court read that Celeste had told David she killed her child for him. Then text showed David trying to console Celeste about her abortion, saying, I'm saddened by it. I'm more saddened on the way it was conceived, outside of marriage and outside the way I had pictured my first child going. David then added this texting Celeste, I don't dwell on it. I can't change it, but I can change the way our next child goes. One important clarification. It's been ruled out that Celeste was not pregnant at the time she was killed. That wasn't known in the early days of this investigation, which, of course, would have changed the murder charges against David on the phone. Investigators were also able to recover nearly 54 photos depicting explicit sexual abuse and intimacy between David and Celeste.
[10:51]
Legal Analyst
They discussed past sexual liaisons, future sexual liaisons. They discussed sexual positioning. They discussed their relationship, the future of their relationship. They discussed how and when they could meet up. That was generally the generalized description of the text messaging between the two of them.
[11:08]
Lyndon Blake
Celeste's mother broke down when the photos were shown, and according to the family civil attorney, it was the first time her parents had seen the images, meaning they learned the worst details of their daughter's death in the same room as everyone else. Digital evidence Also pointed to tense exchanges between the two shortly before her death. After Celeste saw that David was hanging out with another woman. They were seen on social media together, and that evidence landed hard in the courtroom. Now the defense took a different approach. David's attorney, Blair Burke, questioned Detective Corey Farrell about alleged prior violence from Celeste toward DAV and about statements Celeste made regarding suicidal ideation.
[11:50]
Criminal Defense Attorney
Who knows what she did, but you take a look at some of those texts, and those texts scream somebody who was, you know, did not know how to modulate, did not know how to cope.
[12:01]
Lyndon Blake
So what we're seeing here is the defense is trying to zone in on that theory because Celeste did make those threatening texts to David in the days before her murder after allegedly becoming jealous of that other woman.
[12:12]
Legal Analyst
According to prosecutors, just one day before her death, Celeste allegedly threatened to expose their underage relationship, texting, quote, I will end your career and your life.
[12:22]
Lyndon Blake
But again, this is a preliminary hearing, not a trial. The judge ruled that both lines of questioning were largely irrelevant at this stage of the case.
[12:31]
Host 1
Even though it's not as strong as a direct evidence, potentially, it's still pretty good, and they got a lot there.
[12:39]
Lyndon Blake
The defense also challenged how evidence was handled, pointing to items that were never tested for DNA, an argument aimed less at explaining or refuting evidence and more at whether investigators did their jobs correctly in the first place. Burke introduced a notarized parental authorization that allowed Celeste to fly to London with David and noted that Celeste's family had attended church with David, arguing that this showed the family was aware of this inappropriate relationship. The defense also pointed to LAPD testimony confirming that in the early stages, when Celeste was just 11 years old and David was 17, she had claimed to be 16 years old and later told David she was 18. The defense's position is that the evidence will ultimately show David did not cause Celeste's death. Defense. Well, they could argue that this was self defense because again, of those threatening texts allegedly from Celeste, it's too early to tell.
[13:38]
Host 1
We don't really know the defense's strategy. We don't know what they're going to be claiming here. They've been pretty silent, and that's very normal because they've only had a preliminary hearing. So just probable cause, very low standard. I don't know if they're going to allege that that may be something that they're going to do, but I think it's way too early and too premature.
[14:02]
Lyndon Blake
Another thing the defense could argue is that David covered up the murder, but he didn't actually do it. And that's what veteran criminal defense attorney Mark Garagos believes could be David's way out of that murder conviction.
[14:13]
Criminal Defense Attorney
There's one of actually three possibilities. David could say I didn't do it. Yeah, you got stab wounds, but I didn't do it. It could be she self inflicted the stab wounds and that the gruesome cover up the remains. And remember, by the time this ever gets to trial, he will have time served if he is convicted of for that count, his real exposure, in my opinion, is the lewd and lascivious with a 13 year old. That's. I mean that's a. Those are serious felonies.
[14:53]
Lyndon Blake
We've discussed this before, but it's worth noting once again what a preliminary hearing actually is. This stage only test probable cause, not guilt. So that's why Judge Almedo didn't weigh the defense's arguments the way a jury eventually might. Probable cause ask this question, did a crime likely happen and did this person likely do it? That guilt is a question saved for the trial.
[15:22]
Host 1
That's so criminal.
[15:24]
Lyndon Blake
So here's where things stand. David will face trial with arraignment set for August 31st and a trial likely to start following two to three months later. The death penalty decision is still undecided. District Attorney Nathan Hockman has said that what came out during the preliminary hearing was, in his words, only a slice of what will be presented at trial, meaning more evidence is likely still coming. Any results from further DNA testing on the disputed evidence items also remain outstanding. So of course we'll keep following this case as it heads toward trial. I'm Lyndon Blake and you've been listening to that's so Criminal.
[16:09]
Sponsor/Promo Voice
What if a few minutes with God could change the direction of your entire Day? With pray.com you can begin each morning with powerful daily prayers, inspiring Bible stories and messages created to strengthen strengthen your faith. Whether you need peace, encouragement or a fresh start, pray.com helps you make prayer part of your everyday Life. Download the Pray.com app today.

Summary6 min read

Podcast Summary: "The Evidence Against D4VD"

Podcast: That’s So Criminal
Host: Lynden Blake (The Daily Wire)
Date: August 12, 2026

Episode Overview

This episode focuses on the disturbing and high-profile criminal case against David Anthony Burke, known professionally as D4VD, accused in the murder of 14-year-old Celeste Rivas Hernandez. Host Lynden Blake takes listeners through recent preliminary hearing developments, the mountain of forensic and digital evidence presented by prosecutors, and the strategies the defense may employ. The episode provides context on the charges, explores family impact, and highlights other legal perspectives, setting up what to expect as the trial approaches.

Case Recap and Charges (01:40–03:26)

Background: David Anthony Burke (D4VD) is charged with the murder of Celeste, describing their relationship beginning in 2022 when Celeste was 11, with alleged sexual involvement starting in 2023.
Discovery: Celeste’s dismembered remains were found in David’s Tesla in September 2025, months after her estimated death.
Charges: First-degree murder, continuous sexual abuse of a child, unlawful mutilation of remains, and special circumstances (murder of a witness, murder for financial gain, murder by lying in wait).
Judicial Action: Judge ruled sufficient evidence exists to proceed to trial. Arraignment scheduled for August 31; trial expected in 2–3 months.

“Investigators estimate that she’d been dead for roughly four months before they found her body.” — Lynden Blake (01:58)

The Death Penalty Question (03:26–03:57)

Prosecutor's Tools: DA Nathan Hockman has not decided whether to seek the death penalty, likely retaining it for leverage in plea bargaining.

“That’s a major tool for any prosecutor to have the death penalty on the table, because if you have that on the table, you’re able to potentially get a plea a little easier.” — Former Prosecutor David Gelman (03:36)

Forensic and Physical Evidence (03:57–06:17)

Remains: Det. Joshua Byers testified about Celeste's condition — missing limbs, two missing fingers (one with a tattoo of David's name).
Mutual Tattoos: David has Celeste’s name tattooed on his own body.
Blood Evidence: Celeste’s DNA was found beneath garage mats; David purchased a chainsaw prior to Celeste's death.
Tesla Discovery: Body kept in the frunk (front trunk) with air fresheners and maggots.
Cause of Death: Dr. Grant Ho, medical examiner, cited two sharp force injuries causing a slow bleed-out over minutes to an hour.
Dismemberment: Consistent with power tool use; exact time of death remains unclear.

“The body was found under maggots, under dead flies. This was all revealed in the preliminary hearing.” — Lynden Blake (04:54)

Motive and Circumstantial Evidence (06:17–07:32)

Career on the Line: At the time of the murder, D4VD’s debut album was launching, with earnings over $10 million.
Prosecution Motive: Theory is Celeste threatened to expose the relationship, which posed risk to David’s burgeoning career, triggering her murder.

“Celeste threatened to expose the relationship right as the success was taken off for David and that he killed her to protect it.” — Lynden Blake (07:01)

“David in court [was described] as an adult who manipulated and pressured a minor and who killed her once [she] became a threat to him.” — Deputy DA Beth Silverman (07:25)

Digital Evidence and Text Messages (07:35–11:08)

Pregnancy and Abortion: Texts show Celeste became pregnant at 13, with discussions and eventual abortion in early 2024, including explicit acknowledgments the baby was David’s.
Aftermath Texts: Celeste texted, “I killed her child for him.” David responded with regret: “I’m saddened by it. I’m more saddened on the way it was conceived, outside of marriage and outside the way I had pictured my first child going.” (09:24)
Explicit Content: Investigators found 54 explicit photos of David and Celeste, and texts detailing their sexual relationship.
Family Trauma: Celeste’s parents saw the disturbing images for the first time in court.

“Celeste’s mother broke down when the photos were shown... they learned the worst details of their daughter’s death in the same room as everyone else.” — Lynden Blake (11:08)

Pre-Death Conflict and Defense Theory (11:08–12:31)

Tense Exchanges: Digital evidence showed arguments between Celeste and David; Celeste was upset about David seeing another woman.
Defense Strategy Beginnings: Attorney Blair Burke questioned law enforcement on violence and suicidal ideation expressed by Celeste.
Threatening Texts: Celeste allegedly texted David, “I will end your career and your life,” the day before her death.

“Who knows what she did, but you take a look at some of those texts, and those texts scream somebody who was, you know, did not know how to modulate, did not know how to cope.” — Criminal Defense Attorney (11:49)

“According to prosecutors, just one day before her death, Celeste allegedly threatened to expose their underage relationship, texting, quote, I will end your career and your life.” — Legal Analyst (12:12)

Judge ruled these defenses largely irrelevant at the preliminary hearing, focused on probable cause, not guilt.

Challenges to Crime Scene Handling and Family Knowledge (12:38–14:13)

Protocol Scrutiny: Defense pointed out untested evidence for DNA, questioning investigative rigor.
Family Authorization: Produced a notarized letter allowing Celeste to travel to London with David and evidence of family church attendance with him—arguing the family was aware of the relationship.
Age Deception Claims: Defense underscored that Celeste misrepresented her age to David in early years.
Potential Future Defense: Self-defense, or possible claim that David merely covered up the murder; Mark Geragos suggests his biggest legal risk remains the sexual abuse charges.

“David could say I didn’t do it. Yeah, you got stab wounds, but I didn’t do it. It could be she self-inflicted the stab wounds… his real exposure is the lewd and lascivious with a 13-year-old.” — Mark Geragos, Criminal Defense Attorney (14:13)

Process Clarification (14:53–15:21)

Nature of the Hearing: Emphasized that the preliminary hearing is only to establish probable cause, not guilt or defense viability.

What’s Next (15:23–16:08)

Upcoming Steps: Arraignment set for August 31; trial expected 2–3 months later.
Death Penalty: Still undetermined.
Further Evidence: DA Hockman indicates more evidence may emerge, pending further DNA testing on some contested items.
Ongoing Coverage: Host promises updates as the trial nears.

“What came out during the preliminary hearing was, in his words, only a slice of what will be presented at trial.” — Lynden Blake, quoting DA Nathan Hockman (15:49)

Notable Quotes & Moments

“The body was found under maggots, under dead flies. This was all revealed in the preliminary hearing.” — Lynden Blake (04:54)
“Celeste’s mother broke down when the photos were shown...” — Lynden Blake (11:08)
“Celeste allegedly threatened to expose their underage relationship, texting, quote, I will end your career and your life.” — Legal Analyst (12:12)
“David could say I didn’t do it...his real exposure...is the lewd and lascivious with a 13-year-old.” — Mark Geragos (14:13)

Key Timestamps

Case Recap: 01:40–03:26
Death Penalty Discussion: 03:26–03:57
Forensic Evidence: 03:57–06:17
Motive: 06:38–07:32
Digital Evidence / Texts: 07:35–11:08
Defense Strategy: 11:08–14:13
Prelim Process: 14:53–15:21
Looking Ahead / Trial Outlook: 15:23–16:08

This episode provides a comprehensive look at both the prosecution’s evidence and the nascent defense theories, emphasizing the tragedy’s impact while previewing a complex trial ahead.

Loading summary

Transcript31 lines

[00:02]
Host 1
I'm not giving up. I am selling the building.
[00:07]
Sponsor/Promo Voice
The final season of FX is the Bear.
[00:10]
Host 1
The restaurant is flooded.
[00:13]
Legal Analyst
Everything's either gonna be okay.
[00:15]
Lyndon Blake
No, stop.
[00:17]
Host 1
Or not. We are outgunned and we are outmanned.
[00:21]
Sponsor/Promo Voice
But we have each other. FX's the Bear the Final Season, all episodes now streaming on Disney plus. What if a few minutes with God could change the direction of your entire Day? With pray.com you can begin each morning with powerful daily prayers, inspiring Bible stories, and messages created to strengthen your faith. Whether you need peace, encouragement, or a fresh start, pray.com helps you make prayer part of your everyday Life. Download the Pray.com app today,
[01:05]
Lyndon Blake
David will stand trial for the murder of Celeste Rivas Hernandez. During a disturbing preliminary hearing in Los Angeles, grim details were revealed about how the pop star slew the 14 year old girl before storing her away in his Tesla for months. What new bombshell evidence was shared by the prosecution? What did the defense zone in on as they prep for trial? I'm Lyndon Blake and you're listening to that's so Criminal.
[01:35]
Host 1
That's so Criminal.
[01:40]
Lyndon Blake
If this is the first you've heard about this horrific case. We covered the full story back in May. But for now, here's a quick recap for all of you. Prosecutors say the alleged communication between David Anthony Burke, who professionally went under the name D4VD, which is pronounced David. His relationship with Celeste began back in 2022 when she was just 11 years old. They say that a sexual relationship started in late 2023, when she was 13 and he was 18. Celeste's remains were discovered in September 2025, dismembered and packed into two body bags stacked on top of each other and in the front trunk of David's Tesla. Investigators estimate that she'd been dead for roughly four months before they found her body. At the conclusion of the preliminary hearing, Judge Charlayne Olmedo ruled that the case had enough evidence to move to trial. The preliminary hearing ran for five days, well beyond the roughly three days investigators had expected. Heading in the extra time, though, gave both sides room to put more on the record than most hearings. At this stage, David faces first degree murder, continuous sexual abuse of a child, and unlawful mutilation of human remains. On top of all of that, prosecutors added three special circumstance allegations, murder of a witness, murder for financial gain, and murder by lying in wait. David remains in custody without bail, his arraignment scheduled for August 31, with the trial likely to follow two to three months after that. There's still one major question in all this. District attorney Nathan Hockman has not said whether his office will pursue the death penalty. Former prosecutor David Gelman explains why.
[03:26]
Host 1
Well, I think it's for negotiation purposes, first off. I mean, it's still a new case. He hasn't even been arraigned. So his arraignment's not until late August. I believe so. And I think they're probably still collecting more evidence. I think that they'll probably have that on the table for sure. And that's a major tool for any prosecutor to have the death penalty on the table, because if you have that on the table, you're able to potentially get a plea a little easier.
[03:58]
Lyndon Blake
So, speaking of evidence, let's start with what the forensic evidence showed. Detective Joshua Byers testified about the condition of Celeste's remains. Both of her limbs were missing, along with two fingers. Investigators believe those fingers were removed because one of them had a tattoo of David's name. Another unsettling detail that surfaced in David's booking photo was that he has a tattoo of Celeste's name visible on his own skin. The physical evidence extended beyond the remains themselves. LAPD criminalists testified that they found potential blood matching Celeste's DNA. But beneath mats in David's garage. Purchase records show that David bought a chainsaw before Celeste's death. When officers examined his Tesla, they described a strong odor of decomposition. And they found 11 separate air fresheners placed throughout the car. Some of those air fresheners were right next to the body in the frunk of the Tesla. Now, the frunk of a Tesla is just the front trunk of a of the car. It's a very tiny space. To give you a picture, my hand takes up about a fourth of a frunk. And this is where the body was found. And the body was found under maggots, under dead flies. This was all revealed in the preliminary hearing. There was even a photograph showing that air freshener in the frunk covered in dead flies. Now, I can't imagine what Celeste's parents had to be thinking when they were sitting there in that courtroom as they had to witness what their daughter's body was found like. Medical examiner Dr. Grant Ho testified that Celeste did die from two sharp force injuries. One that penetrated her liver and another that damaged her ribs. And according to Dr. Ho, she likely bled out over a period ranging from minutes for up to an hour. Evidence also presented during the prelim was that Celeste was dismembered with some type of power tool. And that's important to remember because there was that chainsaw that records show that David bought. And because the decomposition of her body by the time she was discovered in that Tesla, investigators have still not been able to determine an exact time or date of death.
[06:18]
Host 1
Well, it's all circumstantial evidence right now. And, you know, circumstantial evidence is much different than direct evidence, meaning, like, you know, you look outside and you see, you know that it's wet outside. Okay, well, you don't see that it rained, but you know that rain because obviously it's wet outside. That's kind of circumstantial evidence, but they have a lot of it.
[06:39]
Lyndon Blake
But what motive could David possibly have had for this horrific crime? Well, prosecutors laid out a motive centered around his budding music career at the time of the murder. His debut album was releasing. I'm talking about at the exact time of the murder. And David's earnings were reportedly north of $10 million. So that's a huge amount of money on the line for a career to just go up in flames because of the allegations that this minor Celeste said she had on him. The prosecution's theory is that Celeste threatened to expose the relationship right as the success was taken off for David and that he killed her to protect it. Deputy District Attorney Beth Silverman described David in court as an adult who manipulated and pressured a minor and who killed her once became a threat to him.
[07:32]
Host 1
That's so criminal.
[07:36]
Lyndon Blake
Up next, what David's own phone revealed about the months leading up to Celeste's death and the defense argument that could complicate this case in ways you might not expect. Okay, I don't know about you, but I swear, every time I open the news lately, there's another food recall or another thing people are saying to avoid. At this point, I'm just trying to make dinner without having to investigate it. Like, it's one of my cases on that. So criminal. And that's honestly why I've been on such a pasta kick lately. And specifically hero noodles. Y' all know me. Mac and cheese all day, every day. And I just discovered hero's elbow noodles you would never believe. They have 32 grams of fiber, 12 grams of protein, and just 80 calories per serving. These were so good. I describe them as bouncing in my mouth because that's just. It was like a party, like a food party. Like doing the whole food happy dance thing. And my husband, who normally is like, you bought healthy fiber filled pasta. Get it away. It's disgusting. He said this was the best noodles he's ever had. Make me more. And here is not just noodles. They also have sliced bread, tortillas, buns, and bagels. So it's become an easy way for me to swap in products that actually fit my goals without feeling like I'm giving something up. Who doesn't love pasta to make things just even better? Because obviously, you can tell I'm a big fan. They have zero grams of sugar. I'm trying to cut out sugar. Sugar bad. So with Hero Noodles, I get that. No sugar. Herobread is offering listeners 10% off your order. So go to Hero Co and use the code DWCRIME at checkout. That's code DWCRIMEH E R O DOT CO. Trust me, you're gonna love it. Text messages recovered from David's iCloud account showed that Celeste became pregnant in late 2023, when she was just 13 years old. In January 2024, text messages between the two of them discussed aborting the baby. Two days before the abortion, David asked Celeste if the baby is his, and she says, of course. There was another text shown from Celeste to David that read, it's okay. Neither of us are capable of watching and taking care of the baby. It's for the best. No. But later texts indicate that Celeste was open to keeping the baby. Text shown in court read that Celeste had told David she killed her child for him. Then text showed David trying to console Celeste about her abortion, saying, I'm saddened by it. I'm more saddened on the way it was conceived, outside of marriage and outside the way I had pictured my first child going. David then added this texting Celeste, I don't dwell on it. I can't change it, but I can change the way our next child goes. One important clarification. It's been ruled out that Celeste was not pregnant at the time she was killed. That wasn't known in the early days of this investigation, which, of course, would have changed the murder charges against David on the phone. Investigators were also able to recover nearly 54 photos depicting explicit sexual abuse and intimacy between David and Celeste.
[10:51]
Legal Analyst
They discussed past sexual liaisons, future sexual liaisons. They discussed sexual positioning. They discussed their relationship, the future of their relationship. They discussed how and when they could meet up. That was generally the generalized description of the text messaging between the two of them.
[11:08]
Lyndon Blake
Celeste's mother broke down when the photos were shown, and according to the family civil attorney, it was the first time her parents had seen the images, meaning they learned the worst details of their daughter's death in the same room as everyone else. Digital evidence Also pointed to tense exchanges between the two shortly before her death. After Celeste saw that David was hanging out with another woman. They were seen on social media together, and that evidence landed hard in the courtroom. Now the defense took a different approach. David's attorney, Blair Burke, questioned Detective Corey Farrell about alleged prior violence from Celeste toward DAV and about statements Celeste made regarding suicidal ideation.
[11:50]
Criminal Defense Attorney
Who knows what she did, but you take a look at some of those texts, and those texts scream somebody who was, you know, did not know how to modulate, did not know how to cope.
[12:01]
Lyndon Blake
So what we're seeing here is the defense is trying to zone in on that theory because Celeste did make those threatening texts to David in the days before her murder after allegedly becoming jealous of that other woman.
[12:12]
Legal Analyst
According to prosecutors, just one day before her death, Celeste allegedly threatened to expose their underage relationship, texting, quote, I will end your career and your life.
[12:22]
Lyndon Blake
But again, this is a preliminary hearing, not a trial. The judge ruled that both lines of questioning were largely irrelevant at this stage of the case.
[12:31]
Host 1
Even though it's not as strong as a direct evidence, potentially, it's still pretty good, and they got a lot there.
[12:39]
Lyndon Blake
The defense also challenged how evidence was handled, pointing to items that were never tested for DNA, an argument aimed less at explaining or refuting evidence and more at whether investigators did their jobs correctly in the first place. Burke introduced a notarized parental authorization that allowed Celeste to fly to London with David and noted that Celeste's family had attended church with David, arguing that this showed the family was aware of this inappropriate relationship. The defense also pointed to LAPD testimony confirming that in the early stages, when Celeste was just 11 years old and David was 17, she had claimed to be 16 years old and later told David she was 18. The defense's position is that the evidence will ultimately show David did not cause Celeste's death. Defense. Well, they could argue that this was self defense because again, of those threatening texts allegedly from Celeste, it's too early to tell.
[13:38]
Host 1
We don't really know the defense's strategy. We don't know what they're going to be claiming here. They've been pretty silent, and that's very normal because they've only had a preliminary hearing. So just probable cause, very low standard. I don't know if they're going to allege that that may be something that they're going to do, but I think it's way too early and too premature.
[14:02]
Lyndon Blake
Another thing the defense could argue is that David covered up the murder, but he didn't actually do it. And that's what veteran criminal defense attorney Mark Garagos believes could be David's way out of that murder conviction.
[14:13]
Criminal Defense Attorney
There's one of actually three possibilities. David could say I didn't do it. Yeah, you got stab wounds, but I didn't do it. It could be she self inflicted the stab wounds and that the gruesome cover up the remains. And remember, by the time this ever gets to trial, he will have time served if he is convicted of for that count, his real exposure, in my opinion, is the lewd and lascivious with a 13 year old. That's. I mean that's a. Those are serious felonies.
[14:53]
Lyndon Blake
We've discussed this before, but it's worth noting once again what a preliminary hearing actually is. This stage only test probable cause, not guilt. So that's why Judge Almedo didn't weigh the defense's arguments the way a jury eventually might. Probable cause ask this question, did a crime likely happen and did this person likely do it? That guilt is a question saved for the trial.
[15:22]
Host 1
That's so criminal.
[15:24]
Lyndon Blake
So here's where things stand. David will face trial with arraignment set for August 31st and a trial likely to start following two to three months later. The death penalty decision is still undecided. District Attorney Nathan Hockman has said that what came out during the preliminary hearing was, in his words, only a slice of what will be presented at trial, meaning more evidence is likely still coming. Any results from further DNA testing on the disputed evidence items also remain outstanding. So of course we'll keep following this case as it heads toward trial. I'm Lyndon Blake and you've been listening to that's so Criminal.
[16:09]
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