What Happened During Day 1 of D4vd's Preliminary Hearing?

[00:00:00]Hello and welcome back to Fame Under Fire from BBC Sounds with me, Anushka Mutanda Dauti. Now, inside the Clara Shortridge Foltz Justice Center in Los Angeles, the preliminary trial of singer David has begun. Warning, the details of this case are graphic and some listeners may find them upsetting.

[00:00:17]>> [music] >> But as a reminder, the 21-year-old is accused of the murder, unlawful dismemberment, and continuous sexual abuse of 14-year-old Celeste Riveras Hernandez, whose body was found decomposing in the front trunk of a Tesla linked to him. Now, David has entered a not guilty plea on all charges and his attorneys have previously told us that quote, "The actual evidence will show that he did not murder Celeste Riveras Hernandez, nor was he the cause of her death." But inside that Justice Center all day has been our reporter Sam Mulik, who joins me now from Los Angeles. Hi Sam.

[00:00:47]>> Hi Anushka.

[00:00:49]>> So, the big question was was David going to be there today? And I believe you said that he was.

[00:00:54]>> Yes, so yeah, David came out at the beginning of today's hearing and he stayed throughout the entirety of it.

[00:01:02]Um, and we saw uh how he reacted throughout the day's hearings. We saw him conferring with his defense attorneys. Uh, the first thing that happened was the judge denied the defense's unshackling motions. Um, so he was allowed to have his hands free throughout the day, but he was shackled to his chair throughout the day of the court's proceedings.

[00:01:26]>> Who else was in court?

[00:01:27]>> Well, we saw uh Celeste's family members. Um, and we saw uh Celeste's mother and Celeste's father. They were sat in the front row um of the courtroom. And other than that, it was um the the attorneys, witnesses, and members of the press and public.

[00:01:49]>> So, we've been building up to this for a while and it kept getting pushed back, this preliminary hearing. Can you just explain to us, or remind our listeners, what a preliminary is for.

[00:01:58]>> Yeah, so this preliminary hearing is just to is just for the prosecution to prove that there is probable cause that the defendant committed the crime in order for it to go to trial. So, uh they do not have to prove beyond a reasonable doubt that the defendant committed the crime. Uh it's a lower evidentiary standard. Um it is just to see if there's enough evidence for this to go to trial.

[00:02:26]>> Yeah, and what we are hearing is that there's going to be quite a lot of evidence put on there saying three to six days worth of a preliminary hearing.

[00:02:33]It's almost like a mini trial in and of itself. But, the burden of proof is on the prosecution. So, they're the people calling witnesses to the stand. Who did they call up first?

[00:02:42]>> The first person who was called up was Los Angeles County Sheriff's Department Deputy, um Juan Gonzalez, who's stationed at the West Hollywood Station.

[00:02:51]He was the person who responded to a wellness check at David's residence on February 17th, 2024, after Celeste had gone missing. And so, we're sitting in the courtroom and we watched this 10 and 1/2 minute video of um Deputy Gonzalez going uh conducting this wellness check with another uh Sheriff's Deputy. And we saw them interact with David for about 10 minutes. And uh body cam footage of him directly going into David's residence and questioning him if he knows where Celeste's whereabouts, um if he had a relationship with Celeste, if he you know, anything he might know about her. And you know, we have David in the front of the courtroom and Celeste's family right behind us we're watching this wellness check. Um And uh so, initially David said in the body cam footage that he had only met Celeste once in person previously. They initially met uh through the online server Discord.

[00:03:56]Um and they're uh questioning David as to if he knows what she looks like and he presents a yearbook photo of Celeste wearing a Batman zip-up sweatshirt. Um and he also presents to the sheriff's deputy a uh the missing person uh flyer of Celeste. And as they're questioning and during this interaction, David is eating food. He's very casual.

[00:04:23]Um he's he's very kind of cavalier with how he's speaking with the deputies. And at one point uh Deputy Gonzalez says to David, "We're not investigating you." And David immediately responded, "Got you."

[00:04:38]Like this kind of long got you in response. Um and then without being prompted, David says to the deputy, and again, this is in 2024, he says about Celeste, "She said she was 18.

[00:04:55]Everybody's saying she's 13.

[00:04:58]But she said to me she was 18." And then the deputy said to David, "Does she look 13?" And David said, "No."

[00:05:05]>> This is important because one of the things that he's charged with is the continuous sexual abuse of a minor under 14 years old. Um although sexual abuse of a child is abhorrent at any age, it is treated more harshly when the child in Los Angeles is under 14 because they're seen as more vulnerable. Now, the defense don't have to say anything in a preliminary hearing, but I believe they did do a cross-examination here.

[00:05:31]>> Yeah, so they they cross-examined uh Deputy Gonzalez um right after his testimony. And and uh most of just their cross-examination was highlighting that David did indeed cooperate with the detectives. It was it was and we watched the video. It's a very cordial interaction.

[00:05:48]>> So, talk to me about the next witness that was put on by the prosecution.

[00:05:51]>> Yeah, so the next witness was the main person who's been investigating the case, uh Detective Joshua Byers of the Los Angeles Police Department, um who responded to the tow yard, um that uh allegedly David's Tesla was brought to in Hollywood, um and when the manager of the tow yard uh smelled a particularly strong stench coming from uh the Tesla, he contacted the police department and uh uh Detective Byers is the one who responded to the scene.

[00:06:30]And so, then followed uh Byers's testimony, where we saw what he saw on that day, and um he just uh the the prosecution displayed images of um the corpse that was in the front trunk of the Tesla on that day, which were uh incredibly graphic, and as uh you know, so we we're seeing photos of this dismembered body, so much to the extent that the body's unrecognizable. It's it's kind of like this white matter with liquid all around it, and Byers testified that there were maggots and insects surrounding this body.

[00:07:14]And so, at this moment, when we're going through these different images, one is of this corpse, another is of this bag containing Celeste's uh legs, uh you know, cut down from her kneecap, another one is her amputated left hand with her uh pinky finger and ring finger cut off.

[00:07:36]Um as we're as we're seeing these images in court, um Celeste's mother became very visibly emotional. She started sobbing into her hands. Um, she was comforted by uh Celeste's father sitting next to her.

[00:07:52]And as we're seeing um the prosecution uh go through these photos that at different points um Silverman the the prosecutor, she checks with Celeste's mother and she says, "Are you okay?" She also makes a makes a effort to notify the family when she's she's removing the photos from the stand um so that they're no longer visible.

[00:08:16]And this was probably the most emotionally charged moment of the day.

[00:08:20]>> Yeah, I imagine so. I mean, that's an extremely difficult thing for anybody to have to go through, but why we're looking at these pictures is particularly relevant to one of the charges. Yes, the murder, but the unlawful dismemberment of human remains.

[00:08:32]The allegation is that David dismembered Celeste after murdering her.

[00:08:37]Now, one of the things that we heard about in the briefing documents that the prosecution released before the preliminary hearing is that there was plastic fragments found on her body. Did they go into that at all?

[00:08:48]>> Yes. Yes, the criminalist from the medical examiner's office arrived and started investigating the body. There were um blue plastic fragments uh uh in the corpse or or or on or adjacent to the corpse um along with, you know, this decaying corpse the the liquid, you know, decaying, you know, bodily liquid around the corpse.

[00:09:15]Um, so so yes, there there was plastic fragments present that And and again, you know, I have to emphasize that these images were harrowing and and these images were so hard to decipher what they were. Um, which is why the prosecution and the detective made uh an effort to describe what was happening in these images. Um so but yes, you know, ultimately the the plastic fragments were present.

[00:09:43]>> And we know what the prosecution are alleging with that. They've released it once again in their in their pre-court documents. They said that that plastic blue fragments matches the blue plastic of an inflatable pool. They claim that David ordered to his house in order to dismember the body and these are all allegations that he denies. But you mentioned there how harrowing the imagery was and the emotional reaction from the family has to be expected. What was David's reaction?

[00:10:07]>> David watched the entire proceeding very attentively.

[00:10:13]He there was no visible emotion. He was very focused. He watched all of the evidence presented, all of the photos, all of the testimony, all of the cross-examinations.

[00:10:25]Um periodically, he would write a a note or two on his legal pad with a pencil and um show his attorneys and also periodically, um at a couple different moments, um his attorney Blair Buerge, he would lean over and they would have a a very brief word with each other conversation.

[00:10:47]Um and she could be seen patting David on the back during this time.

[00:10:52]>> No specific reaction to those images being put up in court. Did he look at them the entire time? Did he look down?

[00:10:59]>> No, he looked at them. He looked he looked at everything. Whenever he was identified by a witness, he he looked he looked at them identifying him. You know, he he faced what was happening.

[00:11:10]>> And any emotional reaction to those images of her body decayed body?

[00:11:17]>> Not that I could see. I was I was behind David. I had a kind of a diagonal view of him, but um yeah, he he remained pretty pretty uh emotionless uh in his facial expression throughout the day. There there was really no no visible reaction.

[00:11:33]Just um I'd say at the beginning of the day he was a bit fidgety um settling into that chair that he was shackled to. He was moving around a lot, but as the evidence uh became more and more serious as and more and more graphic, more and more gruesome, um he he watched it in stillness.

[00:11:51]>> And did they cross-examine Detective Byers?

[00:11:54]>> Yes. Um So, when the defense was cross-examining him, they centered in on his investigation of David's um home in the Hollywood Hills where uh Byers executed a search warrant um to go through the home to look through um different different parts of the home. And uh when he was in that home, he found uh the evidence of an unopened burn box.

[00:12:24]He he found um different chainsaws. [clears throat] >> an incineration box.

[00:12:30]>> Yes. So, so this is a burn >> what that is?

[00:12:32]>> Yes. So, this was something that um at first the prosecution brought up that that a burn box is used to burn something in a in a contained uh container essentially. And um the defense kind of zeroed in on um you know, how Byers went around about the investigation saying, you know, asking him, "How did you determine that this was a burn box? All you reported was that you saw an unopened box next to David's piano. How did you determine that this is a burn box? Did you test it?" Um Byers also mentioned that there were multiple chainsaws in I believe the garage of uh of David's residence. And there were one of the chainsaws uh did not have They tested it for blood, and they did not find any blood on that chainsaw, and so that was another thing that the defense was zeroing in on the prosecution. But, also all of this to be said is that there were various points where the prosecution objected to the defense's questioning saying the purpose of a preliminary hearing is not for discovery.

[00:13:51]And and there were various times where the judge sustained the objection saying that we're not here to go through all of the discovery. They are here today to establish probable cause.

[00:14:06]>> Mhm. And so, in the in the first half of the day, we've had a focus on some of that really harrowing what the prosecution say is evidence of this crime that David denies. He denies all the allegations. But, in the second half of the day, we have a focus on economics and his financial situation. And for people who aren't aware, this is because one of the special circumstances of the murder is murder for financial gain. And what the prosecution are alleging is that David murdered Celeste because she was about to out him for having an inappropriate relationship with her while she was underage, and that would have led to him losing money. So, by murdering her, a witness to a crime, which is another one of the special circumstances, he mitigated against that financial loss. Now, talk to me about what we were told about his financial situation.

[00:14:51]>> So, this was a this was a really interesting part of the day when Benjamin Gregor took the stand, and Gregor was the previous director of finance of finances for Mogul Visions, which was David's talent management firm um for his career. And Gregor really went into detail about David's finances and and how much money he had already made up until um you know, Celeste's body was found in the trunk of this of this Tesla. He said that from 2023 to 2025 Gregor estimated that David made cumulatively 10 to 11 and 1/2 million dollars in total.

[00:15:42]And so another another thing that came up um later on in Gregor's testimony is that Gregor has been conferring with Colleen Burke, David's mom, up until last week he testified um over an encrypted uh messaging system, Signal or WhatsApp, which prosecution made sure to emphasize.

[00:16:10]And in his testimony, Gregor said that um him and Colleen Burke have had conversations about transferring the title of one of David's homes from David's name to Colleen's name. And uh the prosecution made sure to ask why why would why are you talking about that?

[00:16:35]And Gregor explicitly said to avoid a civil lawsuit, you know, to avoid this being the house being seized in the civil lawsuit. Conferring with Colleen about the the uh family's finances. And specifically um Gregor said that he conferred with Colleen about finding an entertainment lawyer.

[00:17:00]So, later on in the day I I saw the courtroom with um Celeste's family's attorney, Patrick Steinfeld he the first thing he said to the press was how disgusted he was and he used that exact word, I'm absolutely disgusted that David's family is still engaged in his music career and what they can gain from his music career despite him being in custody, despite Celeste's death.

[00:17:30]>> Yeah, but this we haven't heard from the [clears throat] the family really much at all. Their attorney, I mean their attorney made very clear before you know, these are real people, they've got real jobs and real lives that they need to live and this has been extremely harrowing. This is the first time we've heard a comment on on David and David's family from Celeste Riveras Hernandez's family's attorney. Was that all he said?

[00:17:49]Did he add anything else?

[00:17:50]>> I had the chance to ask Steinfeld um what the family's experience was of seeing David there in the courtroom in the flesh and all he said to me was that they did not look at him. They could not even look at David.

[00:18:03]>> Um so you heard from the attorney for Celeste's family. You also heard from the District Attorney Nathan Hochman.

[00:18:08]What did he have to say?

[00:18:10]>> Yeah, the LA County District Attorney Nathan Hochman uh gave a statement during the middle of the day where he uh explained what the preliminary hearing was, what the purpose of the preliminary hearing was to prove uh the probable cause that David committed the murder and Hochman very pointedly said that when we try David and when we convict David, he made a point to say not if but when.

[00:18:39]Um his office will then determine whether or not they will pursue the death penalty um in David's sentencing if if he is convicted and then sentenced. Um so he made a point to talk about um that his office is still that's still under determination.

[00:18:59]Interestingly, uh Steinfeld, again who's representing Celeste's family in these proceedings, he made a point he did not mention the death penalty uh during his press conference. He more focused on life in prison without the possibility of parole is what he would like to see happen with David.

[00:19:20]>> And with those special circumstances attached to the murder allegation lying in wait, murdering a witness, and murder for financial gain, the crime is elevated in the eyes of the law, which could make it a a death penalty case.

[00:19:31]It's interesting to hear that they're not ruling that out at this stage. And Sam, have we heard anything about what tomorrow is going to bring?

[00:19:38]>> So, Hockman said that throughout the duration of the preliminary hearings that they're going to bring more than 10 witnesses. So, right now we're on the third, and we haven't finished with the third witness.

[00:19:50]Um but Steinfeld did make a point to say that more gruesome details are going to emerge in the coming days, even more gruesome than what we saw today. He also made a point that uh the nature of Celeste and David's relationship is also going to um be discussed in the courtroom in the coming days.

[00:20:15]Um so, Steinfeld made a point to say that um the family will continue to be there, though what is to follow continues to be gruesome and harrowing for them to witness.

[00:20:26]>> This isn't going to be a short preliminary hearing, I don't think.

[00:20:28]They're saying 3 to 6 days now. Uh 10 witnesses, you say, as well as cross-examinations. So, we'll see where we go from here, but we'll have the updates for you guys as soon as they happen. Sam, thank you so much for joining me today.

[00:20:40]>> Yeah, thank you so much.

[00:20:41]>> That was our reporter Samuel Youk joining me from Los Angeles. Now, we are going to have daily episodes covering the whole of this preliminary hearing for you. So, if you want to support this channel, please like, hype, and subscribe. And if you have any questions, as always, you can send them to me on social media. It's Anousha_MD on Instagram and TikTok.