In criminal cases, the preliminary hearing serves as an initial legal hurdle where prosecutors must demonstrate probable cause to move a case forward, which is a lower standard than the 'proof beyond a reasonable doubt' required for conviction at trial; during this hearing, the defense examines the prosecution's evidence and strategy to identify weaknesses, though it is difficult to prevent a case from proceeding to trial once sufficient evidence is presented.
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Hearing begins for singer D4vd in killing, dismemberment of 14-year-old girl
Added:A highly anticipated multi-day hearing got underway today in Los Angeles where the singer known as David is facing murder and other felony charges in the death of a young girl. The prosecution is trying to convince a judge there's enough evidence to take the case to a jury trial. CBS News' Gwen Baumgardner has more from outside the courthouse and a warning some of the details you're about to hear are disturbing.
>> Inside a Los Angeles courtroom, prosecutors showed gruesome photos of Celeste Riveras Hernandez' decomposing and dismembered body after the 14-year-old was found in the trunk of a Tesla registered to 21-year-old David Burke. The Los Angeles County District Attorney argued Burke, known as the musician David, killed Riveras Hernandez in April 2025 after a sexual relationship.
>> We will be seeking to hold David to answer for three felony counts of which he has been charged.
>> According to court documents, Riveras Hernandez threatened to go public just before Burke's first album release. He then allegedly used a fake name to order two chainsaws and a body bag, stabbed her to death, cut off her limbs, and left her body inside the Tesla for weeks. Burke entered a not guilty plea earlier this year.
>> We believe the actual evidence will show David Burke did not murder Celeste Riveras Hernandez.
>> Reporters inside the courtroom say Burke showed no emotion when those photos were shown. LA County's chief medical examiner says there is no question as to how Riveras Hernandez died.
>> She did not die from something natural.
She did not die from drugs.
Uh she was stabbed.
>> CBS News legal analyst Carolyn Pelusi expects prosecutors to show enough evidence to take the case to trial.
>> All the prosecution has to do is show that there's probable cause. That's the standard to move forward with an actual trial.
>> If a judge orders a trial, it's not expected to begin until next year. Gwen Baumgardner, CBS News, Los Angeles.
>> For more analysis on this, let's go to CBS News legal contributor Jessica Levinson. So, we heard Caroline Polisi there say that the bar is probable cause. Can you go into a little bit more detail? What do prosecutors have to convince the judge of?
>> The prosecutors have to show that there's a reasonable suspicion that these crimes were committed. When it comes to the burden of proof, I think that's key for the difference between what we're seeing right now, which is a preliminary hearing. It's just that initial hurdle you have to get past to say to a judge there's enough there to keep going. It's not the last hurdle that you need before a conviction, which is of course proof beyond a reasonable doubt. So, in this case what the prosecutors are doing over potentially four or five days is basically a preview of the trial. They're coming forward with evidence like text messages, like the fact that David Burke apparently bought a chainsaw, bought a wading pool, owned the Tesla it where um Ms. Hernandez was found. All of these pieces of evidence they're going to show is more than enough to move forward with the case.
>> What does the defense do?
>> So, the defense at this point I think is doing a couple of things. One, they're looking to see what is the prosecution strategy here. They're looking to see beyond that memo that we all saw a few months ago, what pieces of evidence the prosecution is going to rely on, which experts they're going to rely on.
Essentially again, what their theory of the case is and they're going to try and find points where they can basically stress test that and say, well, there's a weakness here, there's a weakness there. I I frankly think it's going to be very hard at this point for the defense to try and convince a judge that there is not enough to move forward.
Even if they can try and question some of the physical evidence, the text messages, the credibility of the witnesses, I I would be shocked if this case doesn't proceed past this preliminary hearing.
>> Okay, Jessica Levinson. Thank you.
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