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See the full story · 6 sourcesD4vd case: Singer's lawyers withdraw, public defenders step in for pending trial in murder of 14-year-old Celeste Rivas Hernandez
D4vd's lawyers withdraw from case in teen's murder; singer now being represented by public defender D4vd is being represented by a public defender after his lawyers withdrew.
Singer D4vd is now being represented by a public defender after his previous lawyers withdrew from his murder case on Monday. KABC LOS ANGELES (KABC) -- Singer D4vd is now being represented by a public defender after his lawyers withdrew from his case Monday ahead of his second arraignment on murder and other charges connected to the death of a 14-year-old girl whose dismembered body was found in the trunk of his Tesla.
The high-profile lawyers for the 21-year-old singer, whose real name is David Anthony Burke, were granted a withdrawal. Blair Berk, Marilynne Bednarski and the rest of their team dropped Burke as a client, though a reason was not provided. Public defender Walid Kandeel stepped in as his representation.
"We recognize the loss of life underlying the allegations and extend our sympathies to those who are grieving. At the same time, David Burke is entitled to a defense that takes his circumstances seriously and carefully examines the evidence. We are committed to providing him with that defense," Kandeel shared in a statement.
Kandeel requested that the arraignment be postponed, but the judge rejected the request. D4vd once again pleaded not guilty to charges of murder with special circumstances, sexual abuse of a child under the age of 14 and unlawful mutilation of human remains.
"The fact that there wasn't a different private attorney today to substitute in for the previous private counsel -- those factors point to an issue of finances for him," said legal analyst Lou Shapiro.
Monday's arraignment set the stage for a trial that could start in a matter of months.
After court, Los Angeles County District Attorney Nathan Hochman said the change in his representation doesn't impact their prosecution.
"As soon as the defense announces ‘ready to proceed,' the DA’s office is ready to proceed," Hochman said.
Hochman says his office is still waiting for Burke’s defense to make an argument against seeking the death penalty, which he says is still a possibility.
"The district attorney’s office is ready to proceed to prove all three charges beyond a reasonable doubt, leading, eventually, to a sentence of life without the possibility of parole, or if we so choose, the death penalty," Hochman said.
Hochman said his office gave D4vd's now-former attorneys a chance to argue why they shouldn't go down that route, but they never returned the paperwork before they withdrew.
"We did not receive that mitigation packet as of today. Certainly, we will give additional time for a new counsel to come up with a mitigation packet if they so choose to present it. In order to consider that mitigation packet, as well as all the aggravating factors in determining whether or not we will proceed with the death penalty. That decision has not been made today," the district attorney said.
With Burke now depending on a public defender, some are wondering if a plea deal is more likely.
Legal analyst Neama Rahmani says because there is no real threat of a death sentence, Burke has no incentive to fold.
"There is no death penalty in California. There’s a moratorium. We haven’t had an execution in 20 years, and unless Steve Hilton wins and overturns that moratorium, I think the chance of a plea deal is almost none," Rahmani said.
Last month, a judge ordered him to stand trial after hearing evidence and days of testimony during a preliminary hearing.
Prosecutors allege that he brutally killed Celeste Rivas Hernandez last year because he was afraid she would go public with their sexual relationship and ruin his budding music career.
Former prosecutor turned defense attorney Joshua Ritter says for the District Attorney’s Office, the premeditation part of this crime is likely going to be the hardest part to prove.
But the defense may have a much harder job trying to convince a jury anyone else killed Celeste.
“I think the biggest challenge for the defense is that we’re at a point where there is no one else so clearly linked to this crime but him,” Ritter said. “So unless he is able to present some other suspect that is viable enough to bring that up at trial or… some alternate theory as to how the murder took place. But then again, that would be conceding ground that he actually committed the murder, but it was much more of a manslaughter, and that might be what they’re left with by the time we get to trial.”
Ritter also said the defense could poke holes in the prosecution's case. They could argue that without eyewitnesses or confessions, everything against D4vd is circumstantial.
While there is plenty of physical evidence -- such as his purchase history of a chainsaw to allegedly dismember Celeste’s body, and the fact that her body was found inside of his Tesla in a Hollywood tow yard last September -- those things don’t necessarily prove premeditation or even murder.
If convicted as charged, D4vd could face life in prison.
According to previous testimony in the case, Burke has earned at least $10 million over his short career. Public defenders are reserved for defendants who can’t afford to pay for an attorney, and the fact that he qualifies for one is another indication that Burke may be out of money.
Celeste's family issued a statement, claiming Burke is not indigent (cannot afford to pay for a private lawyer), but is instead hiding his money in various corporations.
The family expressed doubt about his financial situation, citing his billions of streams and monthly listeners on music streaming platforms.
"The residents of Los Angeles County should be outraged because it will be the taxpayers that are picking the tab to defend this millionaire...," the family's statement read, in part. "Perhaps he would have money if he just asked one of his corporations, or if he had not fraudulently transferred assets to his mot...
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