D4vd Preliminary Hearing: Detective Testifies on Purchases and Burn Box

[00:00:00]Good day, Crime Talk afficionados. We have a great show for you. And as I uh showed you last week, I got in another knife fight with my dermatologist, but don't worry, we're recovering nicely.

[00:00:10]What do we have for you today? Well, jury selection continues in the uh case of Lindsay Clancy. Prosecutors are urged to deny the McKenzie Sharilla's latest appeal. Uh, detectives details some online purchases and a burn box in Old David's murder hearing. And the victim's child tells a killer to rot in prison at a sentencing hearing. Two Miami teachers arrested after a classroom brawl. A man stabs an Uber driver in the chest, then walks into IHOP to have some breakfast.

[00:00:46]We've got this day in legal history, our quote of the day. We've got questions from our viewers and our dumb criminal.

[00:00:52]Let's talk about it.

[00:00:54]>> Hi, lawyer. Lawyer, lawyer.

[00:01:01]>> Good day, everyone. My name is Scott Rich and this is Crime Talk. Thanks for joining us. Now, you know the drill.

[00:01:07]Subscribe if you haven't. Like if you do, leave me a comment below and make sure you hit that little bell for notifications of when we go live or put up new content. I apologize we didn't go live last night, but you know when people are cutting stuff deep out of your face, it's a little uncomfortable.

[00:01:24]It's better today. Tomorrow will be even better tomorrow. The day after that, frankly, no one will even care, and I certainly won't. It's just a little uncomfortable. Anyway, I apologize for not doing the live, but we're going to do it again soon. And uh we'll see how the next couple of weeks go. I'd like to do some more stuff during the daylight hours or I'm going to have to start doing them live at night. You guys tell me what works best for you. All right.

[00:01:49]So, uh before we get to the docket though, let me remind you, go to crimetalkarch.com, get a background subscription, okay? I'm telling you, we use this in our law practice every day. All right? Yes. Do we use professional investigators that can check stuff out? Yes. And guess what? when they've done it, and we've done it, we've have sometimes come up with more information than the professional private investigators.

[00:02:15]Listen, you go and you sign up. You can do as many background searches as you desire. So, let's say, I don't know, you're interested in true crime and you want to find out who the real players are in a case and dig deep. Well, where are you going to start? Well, why not start with their social media presence?

[00:02:30]Maybe their email addresses, phone numbers, and start doing searches from there. or you can get the further search right from the background results and you're going to be able to get um do they own a home, do they have debts, do they have criminal history, you can work from there, ladies and gentlemen. You know, you don't have to use it for everyday serious stuff all the time. You can use it for your hobbies and interests as well. Go to crimetaxarch.com, sign up today, and remember, you can cancel at any time. All right, let's go ahead and open the record for July 22nd, 2026. and Lindsay Clancy, the murder trial. They're seating a jury in the process called Vardire. Well, they are one juror away from beginning trial. So, like I said, jury selection is in its third day in the trial of Lindseay Clancy, the Massachusetts mother charged with the 2023 murders of her three young children. And as of today, um we are now at 17 jurors have been seated in the uh court proceedings there. And the trial once we have all our jurors hopefully we'll have the last one by tomorrow.

[00:03:37]We're doing six alternates. Um it's supposed to last 6 to 8 weeks. So we're going to be live streaming it so you can watch it anytime. Check up on it at night. Do what you want to do. Do it at your convenience if you can't watch during the day. So what do we know about Miss Clancy? Well, we know she's now 35 and she's a former labor and delivery nurse and obviously she's pled not guilty. That's why we're going to trial.

[00:04:02]And she plead not guilty to three counts of first-degree murder. And um she's now confined to a wheelchair as a result of a spinal injury sustained after the killing. She, you know, jumped out the balcony. Anyway, um she's obviously in court in a wheelchair now. Now, back in January of uh 2023 in the family's home, uh police say that uh while her husband Patrick Clansancy was briefly out of the house on an errand to obtain some medicine and some takeout food, Clancy strangled her children, 5-year-old Kora, three-year-old Dawson, and 8-month-old Ken using an exercise resistant band.

[00:04:42]She then cut her wrist and neck and then jumped from the second story window, resulting in paralysis that continues to keep her in that wheelchair. Anyway, both the prosecution and the defense agree that Clancy caused the children's death. The central issue for the jury is her mental state at the time. Now, prosecutors led by the district attorney there alleged that the killings were deliberate, premeditated, and committed with extreme atrocity and cruelty. They point to evidence they say demonstrates planning, including the timing of her husband's absence, like, "Hey, can you go run a couple errands for me?" Anyway, the defense, led by uh attorney Kevin Readington, contends that Clancy was suffering from severe postpartum psychosis compounded by a complex regimen of prescribed medications and that she therefore lacked the criminal responsibility under Massachusetts law.

[00:05:39]Now, Clancy had sought treatment in the period leading up to the incident, including a psychiatric hospitalization.

[00:05:46]Now, Patrick Clancy has publicly expressed support for his wife, stating that uh she sought help for her mental health uh struggles and that he was uh to the point where he can forgive her.

[00:05:58]He is expected to be among the first witnesses called once the trial is uh is actually commenced. Opening statements will commence after the jury is fully seated and the proceedings will include obviously extensive testimony regarding Clancy's medical history and psychiatric condition. Uh obviously cases ongoing and we will bring you the information as it becomes available. This is a I'll be honest with you ladies and gentlemen. Um killing your three children normally that's going to get you life without parole or even the death penalty in in some states. And I think most people that have, you know, uh, fortunately, mother of my children never had any postpartum issues, but I've known people that have, and it can, it's a serious thing. And I don't know. I really think this case could go either way.

[00:06:49]Obviously, it's horrific horrific uh that uh three young lives were taken.

[00:06:55]Like I said, it's a it's not a who done it. We know Miss Clansancy is the one that did it. The only question is is what was her mental state and will a jury say not guilty by reason of insanity? It's going to get interesting for sure. Next, the prosecutors are urging the court to deny McKenzie Sharilla's latest appeal. That's right.

[00:07:14]Ohio prosecutors are asking the state's highest court to reject McKenzie Sharilla's newest bid to reopen her case. So, back on July 21st, the uh Kyhoga County Prosecutor's Office filed a response urging the Ohio Supreme Court to deny Sharilla's motion for reconsideration.

[00:07:34]Prosecutors argue the motion raises no new material issues and merely rehashes arguments the courts already rejected this past month. So, Miss Sharilla, who is 22, was convicted back in 2023 of aggravated murder and related charges for intentionally crashing her Toyota Camry into a brick wall at nearly 100 mph without breaking. That's a problem, right? And that was in Strongville, Ohio. Anyway, the crash killed her boyfriend at the time, Dominic Russo, and their friend Dave Flanigan. Now, she was sentenced to two concurrent terms of 15 years to life in prison, and she'll be eligible for parole in 2037. She is serving her sentence at the Ohio Reformatory for the Women. I don't know why I just love saying that name. Ohio Reformatory for the Women. It sounds like something out of the movie Oh Brother, Where Art Thou? Um, [clears throat] but you know, it's a real thing. I don't know. Anyway, the Ohio Supreme Court declined to accept jurisdiction on her previous appeal back in June of 2026 after determining that the filing was 1 day late. Her attorneys then submitted a motion for reconsideration, citing confusion over filing deadlines related to the 2024 LEAP year. Prosecutors maintained that reconsideration is not a vehicle for rearguing previously brief claims and that Miss Sherilla has presented nothing new. Now, Sharilla has consistently maintained her innocence, asserting that she had no memory of the crash and raising the possibility of a medical episode. Anyway, the Supreme Court has not yet ruled on the motion for reconsideration. And uh when it does, we'll bring it to you because let's face it, you either feel some little sympathy for Miss Sharilla or you hate her. I think most people really dislike her. I really do. Next, the preliminary hearing for uh David Burke, or as you may know him, David, spelled with a four. So, a preliminary hearing continued today in Los Angeles Superior Court for singer David Anthony Burke, known professionally as David with a four, with new testimony focusing on online purchase records and items recovered during a search of his residence. Now, Mr. Berg has pled not guilty to first-degree murder with special circumstances, continuous sexual abuse of a child under the age of 14, and unlawful mutilation of a human remains in connection with the death of 14-year-old Celeste Rivas Hernandez. And Mr. Burke remains held in custody without a bond. Well, the multi-day hearing, which began on the 21st, is intended to determine whether there is probable cause for the case to proceed to a full trial. According to testimony from LAPD robbery homicide detective Joshua Buyers, investigators examined the defendant's online purchase history from the period following the alleged date of the incident on or about April 23rd, 2025. The records show that Mr. Burke ordered a chainsaw and a body bag online in the subsequent days and weeks.

[00:10:41]Um, some under aliases. Now, as you may recall, this was the case where I thought, "You mean you can buy a body bag online?" And we did. It's around here somewhere, but I got a body bag.

[00:10:52]Okay. I got a body bag because if David Burke can do it, I wanted to see if I could do it. And sure enough, it was here within a day or two. Anyway, uh the detective, Detective Buyers, further testified that a device known as a burn box was purchased during [snorts] that time frame and was later located during the search of Burke's home there in the Hollywood Hills on September 17th of last year. Now, in cross-examination, the detective confirmed the device had not been used. Okay, cuz how many people buy burn boxes on a daily basis, right?

[00:11:24]Anyway, the remains of Celeste Rivas Hernandez were discovered on September 8th, 2025 in the car, the Tesla registered to Mr. Burke. Well, defense attorneys have maintained that Burke did not cause the teenager's death and have indicated that they will vigorously contest the charges. The victim's family has been present during the court proceedings. Now, the hearing is expected to continue with additional witnesses. The DA office has not yet decided whether to seek the death penalty, but we'll see. Probably won't since it's really kind of his first defense. But let's face it, um Mr. Burke has got some problems. His girlfriend, who's underage, was picked up by him via Uber that he sent to pick up Miss Hernandez. She winds up dead, dismembered, where, of course, it's parked right across the the street. He orders all these items, you know, like the swimming pool, the chainsaw, various other gardening utensils. The defense has to be obviously he's been framed.

[00:12:31]Somebody else ordered all of these items and the real killer must have done this while he was too busy focusing on his busy music career. That's the obvious defense, and I'm really not joking.

[00:12:46]You're gonna have to come up with, you know, maybe Mr. Burke has a little entourage and maybe they were jealous or you got to come up with some reason as to who had access to the house, who had access to the car, who had access to his accounts that could do this, and you have to try to make them an alternate suspect for Mr. Burke's uh alleged involvement in this particular case.

[00:13:08]Now, of course, he's given the presumption of innocence, but I think most most people first blush think that's not good. That's some bad facts, Mr. Burke. But the reality of it is he is entitled to the presumption of innocence. And I'm sure he has very fine defense attorneys. And if I can come up with a quick defense like this, imagine if I actually had all the discovery and could really work on it. You betcha we'd have that guy walking free. Next, um, a victim's child tells the killer to rot in prison. That's right. A Wisconsin man was sentenced to life in prison without the possibility of parole for the murder of his wife after her eldest child delivered a direct and forceful victim impact statement in court. So um in Juno, Wisconsin, Judge Brian Pittzfinger sentenced Zachariah Rash to life without parole for first-degree intentional homicide in the death of Crystal Rash.

[00:14:02]He also received a consecutive six-year sentence for mutilation of a corpse.

[00:14:07]Anyway, Crystal Rash disappeared back in June of 2024 after running errands with her husband. Now, Rash was convicted by a jury following a trial in which he claimed she had shot herself and that he then disposed of her remains out of panic. The judge described Rash's testimony as unfathomable and noted that he remained stonedfaced throughout, showing no natural emotional reaction whatsoever. The court characterized the postdeath actions as highly depraved.

[00:14:39]And Crystal Rash left behind five children. Her eldest child addressed Rash directly during the sentencing hearing, stating, "I hope you rot in prison for the rest of your life. I hate you because of how you treated my mom and what you did to my siblings and my mother. You're such a bad person and you have been for your whole life. Nobody cares about you is what she said.

[00:15:05]Anyway, prosecutors noted that Rash's prior criminal history involving domestic abuse. At the time of her disappearance, Crystal Rash was seeking a divorce. An aunt of the victim also spoke in the court about the family's belief that the killing occurred at the home and referenced a history of that alleged domestic abuse. Well, the life sentence ensures that Mr. Rash will remain incarcerated for the rest of his life. We brought you that case when it was going on. Yeah. Yeah. He panicked.

[00:15:38]Yeah. Cuz that's what you do when you've done nothing wrong. You don't pick up the phone and call the police and say, "Oh my god, she died." No, you hide her body in a shallow grave and chop her up, right? Come on, people. Well, obviously the jury didn't buy it either, and the judge certainly wasn't buying it either.

[00:15:57]Next, two Miami teachers arrested after a little classroom brawl. That's right.

[00:16:01]Um, two teachers at a Miami school who previously dated have been arrested following a little physical altercation inside a classroom. Um Odira Shia Biggins and Terod Torrance, both educators at the school in Miami, um were taken into custody this week after an incident that uh occurred on Friday, July 17th, and the pair formerly dated and share a child together. Now, according to the police reports, Torrance left a note on Biggin's desk requesting to speak with her. Their conversation escalated into a physical confrontation. Police alleged that Torrance punched Biggins multiple times in the head and pushed her against a wall. What a gentleman. Anyway, that little push caused her to fall and briefly lose consciousness. Now, after regaining consciousness, Biggins went to her car, retrieved pepper spray, returned to the classroom, and sprayed Torrance. Surveillance video shows Biggins re-entering the room and Torrance later exiting while struggling to walk and displaying signs of eye irritation. School staff insisted Torrance, who was taken to a hospital for treatment. Well, Biggins was arrested on Monday and charged with discharging a weapon on school grounds and domestic violence battery. She was granted a $2,000 bond. Torrance was arrested on Tuesday and charged with domestic violence. I mean, great role models for all those young youths of America out there with their minds full of mush thinking that it's okay to engage in such conduct. Unbelievable.

[00:17:39]Now, of course, what we didn't notice when we were researching this story was there was no note by the school district saying that they take this matter very seriously and they're investigating it.

[00:17:50]I guess they don't have a canned response for stuff like this like they do when a teacher is gets in trouble for doing inappropriate things with students, right? We've notified the students, we take this very seriously and we're cooperating with police.

[00:18:04]Apparently, no canned response for two teachers working at the same school who used to be married to share a child together. That one knocks the other one unconscious and then the other one pepper- sprays them. That would may actually take some time. Maybe legal counsel would be working on that. Next, stab somebody and then go have some breakfast. It happens. So, the Orlando police uh arrested a man inside an IHOP restaurant early Monday after he allegedly stabbed a ride share driver during an argument over a requested ride. Now, according to the police, the incident occurred um on the morning of July 20th near East Mark Street and Kenworth Terrace. Jovon Nathan Maddie approached a ride share driver and requested a trip that had not been booked through the official app. When the driver refused, an argument followed and the police say that um Matthew then produced a knife and stabbed the driver in the chest, also causing cuts to the driver's hand. After the stabbing, Mr. Matthew left the scene and walked to a nearby IHOP. Officers located him a short time later, sitting in a booth inside the restaurant. Now, body cam footage released by the police show officers confronting Matthew at that location where a knife was recovered from his person. He was taken into custody after initially delaying compliance. Well, Mr. Matthew now faced charges of attempted secondderee murder and resisting arrest without violence.

[00:19:28]He is being held without bond pending further court proceedings and the condition of the injured driver has not been publicly uh uh detailed beyond confirmation that he sustained a stab wound. Uber stated that the incident did not occur during an official trip arranged through the platform. Uh police have reiterated the importance of using official ride share apps for both drivers and passenger safety. You know, if you're old enough to remember like me, before Uber andyft, there were actually taxi cab drivers. And if you could actually get a taxi cab driver, taxi cab drivers, you know, they they wouldn't go to certain locations. If they didn't feel comfortable, they would leave. But you would always hear about, you know, somebody getting in the back of a taxi cab and doing something horrible to the taxi cab driver. It is a dangerous world out there, ladies and gentlemen. And who better to tell you and to say it's a dangerous world out there than a guy that's been dealing with this stuff for over 30 years. You need to be careful. Use your common sense. And [snorts] if you're not getting that warm fuzzy feeling and your spidey senses are tingling, right, like this Uber driver, don't take that that ride. Go run, roll up the windows, drive away quickly. Next, how about this day in legal history? July 22nd, 1934.

[00:20:50]That's right. Notorious bank robber John Dillinger, then designated public enemy number one outside the uh Biograph Theater in Chicago. That's right.

[00:21:01]Dillinger had been uh watching the film Manhattan melodrama with companions including informant Anna Sage, later known as The Lady in Red. And his death marked a major victory for the fledgling FBI under Jay Edgar Hoover and effectively ended the peak of the depression era public enemy crime wave.

[00:21:24]How about July 22nd, 1991?

[00:21:27]Jeffrey Dmer, that's right. He was arrested. Um, the Milwaukee Police Department arrested serial killer Jeffrey Dmer after one of the intended victims, Tracy Edwards, escaped from Dmer's apartment with a handcuff still attached to his wrist and flagged down by officers. The subsequent search of the apartment revealed evidence of multiple murders leading to Dmer's confession to killing 17 young men and boys. And the case became one of the most notorious serial killer investigations in American history. And of course, he, you know, got killed in prison by somebody that wanted their 15 minutes of fame. And I can't tell you who that guy was off the top of my head.

[00:22:09]Sorry about that. Now, I would say there was a I believe it was on Netflix several years ago. It was a multi- series or episode of uh of the killing.

[00:22:20]It was pretty good. The actor was really good and it was creepy, but you couldn't stop watching it. Next, July 22nd, 1994.

[00:22:30]Um, they plea during his second arignment in the double murder case of Nicole Brown Simpson and Ronald Goldman.

[00:22:38]OJ Simpson formerly entered a plea of absolutely 100% not guilty. Anyway, that case at the time was called the case of the century and it was one of the most closely watched criminal trials in US history and also took like eight freaking months to do cuz I remembered I was in law school and I would listen to it. It was on the radio. They didn't have videos, you know, like you do today. Um, so it was on video uh or it was on the radio the full time. I remember every time I got in the car, I was listening the OJ Simpson case for like eight months. It was unbelievable.

[00:23:12]should have been a 3-week trial anywhere else in the country. Next quote of the day, a um foundational statement of the um duty as it relates to uh prosecutors under Gigglio versus the United States in 1972 Supreme Court case. Quote, "When the reliability of a given witness may well be determinative of guilt or innocence, non-disclosure of evidence affecting credibility falls within the general rule of Brady." That's right.

[00:23:39]That principle extends um the rule established in Brady v. Maryland, which holds that the um suppression by the prosecution of evidence favorable to the accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecutors. So what that really means is when prosecutors lie, cheat and steal, right? And you know, think about it, think about it, ladies and gentlemen, most cases, right? when they discovered new evidence. Where is it usually discovered in a case? Oh, it was something that was known to the prosecutors and they didn't reveal it.

[00:24:14]Why? Because it was favorable to the defense and they didn't want to do that.

[00:24:20]And so therefore, that's a violation of Brady and Gigglio. Gigglio is in the impeachment information. And maybe in a couple weeks I'll tell you about a little story that I had recently. I'm waiting on the transcript. So, uh, you know, we read it correctly and, uh, it is shocking. Okay, it is shocking. Um, but I'm waiting on the transcript cuz I want to make sure I get it exactly right. Next, how about a questions from our audience? Okay, so a defendant is supposed to tell you that they actually did the heinous thing they're charged with, right? So, a lawyer wrote that he does not ask a client if he committed a crime. He asks what will the witnesses say? You know the attorney client privilege protects the client and the attorney for the information and the advice that he gives. But an attorney cannot allow a client to perjure themsself. Okay? I don't know about you, but I have always told all my attorneys that work for me, and I kind of live by it, is that I've never been paid enough money to jeopardize my law license. And I've never met anybody, you know, paid me enough money to um go to jail for them. Not going to happen. So, but I am a general believer that the best way to help your client is to know what the hell happened. Okay? You could play the games. Now, I don't want to know what happened. You know, now oftentimes I will say, "Hey, [snorts] let's get the discovery before we have a substantive conversation and let's see what they can prove." But I assure you, you're not going to put a client on the stand to commit perjury. A lawyer has a duty not to do that. I've never done that, at least not knowingly. Um, [clears throat] you know, I mean, it's just not there.

[00:26:06]And by the time you get to trial, the truth or a pretty close version of it has pretty much come out. Yeah. If there's a case of, you know, self-defense, not self-defense, and you you have your client say, "Hey, I was in fear of death or serious bodily injury."

[00:26:18]But at the end of the day, you know, the jury says, "Why didn't you tell that to the cops then?" you know, oh, you didn't claim self-defense till you got yourself an attorney. So, you know, my advice is be honest with your lawyer. Tell them the truth. The best way for any attorney to represent somebody is tell them the truth so they know what they're dealing with, okay? Cuz not every case is going to wind up a complete win. But maybe you don't go to prison. Maybe you don't get a felony conviction. Well, the best way to do that is know what you're dealing with from the beginning. Next, and finally, our dumb criminal of the day, the oiled up mime. Yes, you heard that correctly. Meet Hernan Vilgrren Lux of uh Framingham, Massachusetts. A man who apparently decided the classic mime routine of trapped in an invisible box needed a serious upgrade to creepy guy covered in cooking oil doing jumping jacks next to terrified park employees.

[00:27:28]Now, according to the police report and court records, Lux spent weeks, possibly months, hanging around a state park and the nearby rail [clears throat] station dressed in full mime gear. He allegedly followed female Department of Conservation and Recreation workers, stared at them for long stretches, and flashed unnerving smiles. When asked to leave, he reportedly declined the invitation. I guess that's just what mimes do, right? Anyway, one day he allegedly stripped down to his underwear, slathered himself head to toe in cooking oil like a Thanksgiving turkey that hit the gym, and proceeded to work out right next to the female staff. Nothing says harmless street performer quite like a greased up man slightly flexing in his drawers while park workers tried to do their jobs.

[00:28:22]Anyway, multiple women reported similar encounters. Social media filled with warnings about the black and white clad weirdo on the trails. And then on Sunday night, officers finally grabbed him on the rail trail. He's charged with criminal harassment. And when the allegations were read in district court, Lux collapsed. That's right. The judge ordered a mental health evaluation at the state hospital because, as it turns out, spontaneously becoming an oily, silent gimmro is not a recognized form of performance art, nor is it a defense.

[00:28:57]Anyway, most minds struggle to get people to stop and watch. This one managed to make people desperately look away. [snorts] Mission accomplished, just not the way he intended. Mr. Deluxe, you are a dumb criminal today.

[00:29:12]And we hope you get the mental health treatment you need. And frankly, mime sometimes are, you know, like clowns.

[00:29:17]They're a little creepy and weird sometimes. And at least clowns aren't trying to hang out with little children like most clowns are. Just remember that. All right, that's all we have for today, ladies and gentlemen. Thanks for watching. We'll see you next time. And remember, the Constitution matters.

[00:29:33][music] Heat. Heat.

[00:29:46]>> [music]