A cellphone belonging to David Anthony Burke, better known as the singer D4vd, contained “a significant amount of child pornography,” a prosecutor said in court Thursday morning.
Los Angeles County Deputy Dist. Atty. Beth Silverman made the claim during a court proceeding to schedule a preliminary hearing on murder charges in the killing of 14-year-old Celeste Rivas Hernandez. The images were uncovered as part of a broad series of search warrants executed on Burke’s phone and iCloud account, Silverman said.
Burke’s attorneys have insisted he is innocent and are demanding his preliminary hearing begin next week, meaning evidence in the closely followed case could become public as soon as May 1. He appeared in court Thursday in an orange jail jumpsuit and walked into court with his hands in his pockets.
A status hearing was set for April 29. Silverman and a district attorney’s office spokesperson declined to comment outside the courtroom. The singer’s attorney, Blair Berk, also declined to comment.
The D.A.’s office spokesperson declined to say if the child sex abuse material allegedly found on Burke’s phone was related to Hernandez or another victim.
Burke was arrested by Los Angeles police last week and charged Monday with murder, continuous sexual abuse of a child and corpse mutilation, according to a criminal complaint. He has pleaded not guilty.
Defendants have a right to have a preliminary hearing, in which a judge determines whether prosecutors have enough evidence to bring a case to trial, within 10 business days. But Berk’s push to move quickly is unorthodox. She has publicly grilled Silverman about needing access to more discovery materials, and the medical examiner’s report detailing how Hernandez died was not made public until Wednesday.
Joshua Ritter, a former L.A. County prosecutor, said Berk was playing a “hell of a game of chicken” but she may be aiming to pressure test the prosecution’s case.
“The defense might want to put the D.A. on their heels if they feel for some reason there was a rush to make an arrest. But this case is nearly the opposite of that,” he said. “They’ve had more than adequate time … this does not seem like a situation where the D.A. made a hasty decision to file.”
Silverman said police amassed “40 terabytes” of digital evidence in the case, which has made uploading and transmitting materials to the defense difficult. Silverman also said police had conducted a wiretap operation in the case, but did not disclose the nature of it. The veteran prosecutor said even she had “not received anything” related to that operation.
She also confirmed prosecutors convened three secret grand jury hearings after Hernandez’s death — two in November and December in 2025 and one in February. Those were investigative grand jury hearings, meaning prosecutors could use them to enshrine testimony against Burke, but could not use the proceedings to secure an indictment against Burke. Transcripts from all three hearings will also need to be unsealed.
L.A. County Superior Court Judge Charlaine Olmedo also warned Berk that if she does push for the immediate preliminary hearing, she may not have access to the entire compendium of evidence before May 1.
Ritter also mused that Burke could be pushing his attorneys to fight the case without delay. Beyond that, he said, the approach “makes no sense.”
“The defense is seven months behind the eight ball on this. They not only have the grand jury transcripts to catch up on but who knows what kind of digital forensics and wiretaps and everything else,” he said.
Silverman also seems intent on bringing the case to trial as soon as possible. Silverman noted Thursday marked the one-year anniversary of the date prosecutors believe Hernandez was killed, and said she intended to put the case before a jury within 60 days of the completion of a preliminary hearing.
The singer allegedly began sexually abusing Hernandez in September 2023, when she was just 13. Burke’s attorneys have said the case cannot stand up to scrutiny and pushed for the immediate preliminary hearing.
Hernandez was reported missing from her family’s Lake Elsinore neighborhood three times in 2024, and she was spotted at some of D4vd’s concerts during that time frame.
Prosecutors allege Hernandez was last seen at Burke’s Hollywood Hills residence on April 23. She “threatened to expose his criminal conduct and devastate his musical career,” according to L.A. County Dist. Atty. Nathan Hochman, though the prosecutor has not answered questions about whether Hernandez was going to report Burke to police.
Burke surged in popularity after one of his tracks was included in the wildly popular video game “Fortnite,” and he has also collaborated with artists like 21 Savage. He was beginning to tour in support of his debut album, “Withered,” when reports surfaced linking him to Hernandez’s death. He quickly canceled all shows.
The details of the crime echoed some of the violent imagery associated with Burke’s songs. The Queens-born vocalist has appeared in a music video filled with violent imagery: a young woman with an apparent chest wound lies on a bed as the singer hovers over her, blindfolded, his white shirt spattered with blood. In another video, “One More Dance,” D4vd drags a person — who bears the singer’s likeness — to a car, where a couple stuffs the person into the trunk.
Hernandez’s badly decomposed body was found in the trunk of a Tesla at a Hollywood tow yard last September. An autopsy report made public this week revealed she died from a pair of stab wounds to the chest and abdomen. When police arrived on the scene, they found Hernandez’s body was “dismembered” and two of her fingers had been amputated, according to the medical examiner’s report.
Prosecutors charged Burke with murder with special circumstances, including allegations that Hernandez was a witness to a crime — her own sexual abuse — and that Burke killed her for financial gain to protect his ascendant music career. If convicted as charged, he faces life in prison without the possibility of parole or the death penalty. Prosecutors have yet to decide if they will seek capital punishment in the case.
