A preliminary hearing is a court proceeding where prosecutors present evidence to a judge to establish probable cause that a crime was committed and that the defendant is responsible, determining whether the case should proceed to trial; this hearing involves no jury, has a lower burden of proof than trial, and typically features law enforcement witnesses summarizing evidence while key witnesses are often reserved for the actual trial.
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Preliminary hearing to begin for singer D4vd in killing of 14-year-old girl
Added:The preliminary hearing for singer David is set to begin tomorrow.
>> He's accused of murdering Celeste Riveras Hernandez, who was just 14 years old at the time. With what to expect from the hearing, we are joined now by investigative reporter Kevin Ozebek.
Kevin?
>> Well, Mark and Michelle, this hearing will likely last just a few days.
There's no jury, just a judge, but prosecutors will argue to that judge that the evidence is there to bring in a jury and try David for murder.
His sometimes dark and dramatic music made him a rising star with 40 million monthly listeners on Spotify, but now David is a murder suspect in the heinous death of Celeste Riveras Hernandez.
>> So, what's the burden on prosecutors here? What do they need to prove in this hearing that they don't necessarily need to prove in a trial?
>> The burden of proof at a preliminary hearing is low. It's just probable cause.
>> Former federal prosecutor Neama Rahmani believes prosecutors will have no problem convincing a judge that their evidence against David should be seen by a jury.
>> There's no doubt that the prosecution is going to call witnesses at the preliminary hearing. I expect several law enforcement witnesses, primarily LAPD detectives, who are going to summarize the evidence in this case.
>> According to court documents, that evidence includes surveillance video showing David was the last person to drive his Tesla. It was in the front trunk of that Tesla where Celeste's body was found severely mutilated and badly decomposing, as well as text messages between the two that contained references to sex, pregnancy, abortion, and use of the Plan B emergency contraceptive, and the fact that prosecutors say Amazon delivered two chainsaws to his home, as well as a burn cage, a body bag, heavy-duty laundry bags, and a blue inflatable pool that investigators say was used to hold in Celeste's blood as she was dismembered.
>> What makes us confident is the totality of the evidence.
>> How strong do you think the state's argument is from what we know of it already?
>> I think this is a very strong case for the prosecution and one that will be very difficult for the defense to overcome.
>> Now, we know from court documents that prosecutors do believe Celeste threatened to out their alleged sexual relationship right before David was dropping a new album. So, we will likely hear more about this motive argument from prosecutors during this prelim.
What we'll likely not see during this hearing is the state's most crucial key witnesses. Prosecutors typically hold them for the actual trial. David has pled not guilty to all charges. Live in the studio, Kevin O'Dwyer, ABC 7 Eyewitness News.
>> Kevin, thank you. Beginning tomorrow, look for live reports on Eyewitness News on the hearing that will decide whether there is probable cause for the singer David to stand trial in the murder of 14-year-old Celeste Davis. We'll also update you on abc7.com.
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