David Burke, known as D4vd, dropped his private defense attorneys and was assigned a public defender after a judge determined he could no longer afford to pay for legal representation, a move highlighting the high cost and mounting stakes in the Celeste Rivas Hernandez murder case.
Burke, facing three criminal charges in Los Angeles related to the death of 14-year-old Celeste Rivas Hernandez, appeared in court on Monday and confirmed his wish to proceed with the Los Angeles County Public Defender’s Office after his private lawyers withdrew. The judge officially permitted attorneys Blair Berk and Marilyn Bednarski to step down, appointed the public defender, and entered not-guilty pleas to all charges on Burke’s behalf.
The public defender’s appointment followed a determination that Burke qualified for court-appointed counsel, a development that reportedly came after he “ran out of money defending the charges.” While the article did not independently confirm Burke’s financial situation, the change leaves his fate in the hands of taxpayer-funded legal defense as the high-profile case moves forward.
Berk, Bednarski, and Regina Peter, all members of Burke’s former defense team, issued a statement after their withdrawal: “This morning the court granted our request to withdraw as counsel and appoint the Los Angeles County Public Defender’s Office, after it was determined David qualified for appointed counsel. We continue to support David and his defense against these serious charges. We are grateful that the Los Angeles County Public Defender’s Office has taken over the representation and that David has a highly capable and committed team of attorneys and investigators behind him.”
When asked by the judge if this change reflected his wishes, Burke replied, “Yes, your honor.” The judge denied a request for more time by the new attorney and set a status conference for October 19. Not-guilty pleas were entered for all three charges, though the article did not specify the exact counts.
Los Angeles District Attorney Nathan Hochman stated he would personally decide whether to seek the death penalty if Burke is found guilty, but had not yet made a decision. Hochman noted he was awaiting a “mitigation packet” from the defense, an opportunity now extended to the new public defender’s team. The next status conference was set for October 19, with the year and time not specified in the reporting.
The preliminary hearing in the case lasted five days, with testimony and evidence presented regarding the condition of Hernandez’s body and the circumstances leading up to her death. Deputy Medical Examiner Grant Ho described the remains as “markedly decomposed” and noted “trauma to body, particularly the extremities,” with one wound described as a “sharp force injury” and another that could “represent a gunshot wound.” The body reportedly weighed 71 pounds at autopsy, and parts were allegedly found in the trunk of Burke’s Tesla.
The article reported that Burke, who was 18 in January 2024, and Hernandez, then 13, exchanged text messages discussing a pregnancy and abortion. On January 9, 2024, messages allegedly suggested the abortion had been completed. Photos and testimony about these communications were presented during the preliminary hearing, which both of Hernandez’s parents attended.
Despite the serious nature of the charges and the harrowing testimony, the defense continues to assert Burke’s right to a capable and committed legal team, now led by the public defender’s office. The court’s decision to allow the change in counsel signals the growing complexity and cost of the case, costs now shifted to Los Angeles taxpayers.
With the withdrawal of high-powered private attorneys and the appointment of the public defender, the legal battle in the death of Celeste Rivas Hernandez enters a new phase. The court denied a request to delay the arraignment, keeping the case on its current schedule. The decision on whether to seek the death penalty remains in the hands of District Attorney Hochman, who has not yet made a final call.
Burke’s not-guilty pleas stand as the trial approaches, with the next major court date set for October 19. The trial itself is expected to last longer than the five-day preliminary hearing, reflecting the seriousness and complexity of the charges involved.
The full reporting on these latest developments can be found at the New York Post.
When the system grinds on and the bill lands on the public’s doorstep, it’s everyday taxpayers, not high-powered lawyers or officials, who are left footing it.
