prosecutor

MIAMI — A former Miami congressman and longtime friend of U.S. Secretary of State Marco Rubio was convicted Friday in connection with a secret $50-million lobbying campaign on behalf of Venezuela during the first Trump administration.

Jurors found Republican David Rivera and an associate, Esther Nuhfer, guilty on all counts, including failing to register as a foreign agent with the Justice Department and conspiracy to commit money laundering as part of their work for former President Nicolás Maduro’s government.

The seven-week trial offered a rare glimpse into Miami’s role as a crossroads for foreign influence campaigns aimed at shaping U.S. policy toward Latin America, one highlighting the city’s reputation as a magnet for corruption and anti-Communist crusaders among its sizable exile population.

It included testimony from Rubio, Texas Congressman Pete Sessions and a top Washington lobbyist — all of whom testified that they were shocked to learn belatedly of Rivera’s consulting contract with a U.S.-based affiliate of Venezuela’s state oil company, PDVSA.

In an 11-count indictment unsealed in 2022, prosecutors alleged that Rivera was tapped by then Foreign Minister Delcy Rodríguez — now Venezuela’s acting president — to work Republican connections from Rivera’s time in Congress to get the first Trump administration to abandon its hard-line stance and ease crippling sanctions on Venezuela.

As part of the charm offensive, prosecutors alleged, Rivera and Nuhfer, a political consultant, manipulated influential friends, including Rubio and Sessions, like “pawns on a chess board.” The goal: to try to normalize relations with the new Trump administration at a time when the Maduro government was buffeted by serious accusations of human rights violations.

“As long as the money kept coming in, they didn’t care from where,” prosecutor Roger Cruz said of the defendants during closing arguments.

‘Massive secret’ threatened to damage Rivera’s political career

But the two held onto the “massive secret” and didn’t disclose their lobbying work as required, for fear it would have ended Rivera’s political career as an anti-Communist stalwart, Cruz said.

To hide his work, prosecutors allege, Rivera also set up an encrypted chat group called MIA — for Miami — with his main conduit to the Maduro government: Venezuelan media tycoon Raúl Gorrín, who was subsequently charged in the U.S. with bribing top Venezuelan officials.

Members of the group used playful code words to discuss their activities: Maduro was the “bus driver,” Sessions “Sombrero,” Rodríguez “The Lady in Red,” and millions of dollars “melons,” according to copies of text messages presented to the jury.

“It was all about la Luz,” Cruz said, referring to the Spanish word for light, which Rivera and others repeatedly used to discuss payments from Caracas.

Attorneys for Rivera and Nuhfer said the two acted in good faith and believed they were under no requirement to disclose their work. The three-month, $50-million contract with Rivera’s one-man consulting firm, they say, was focused exclusively on luring oil giant ExxonMobil back to Venezuela — commercial work that is generally exempt from the Foreign Agents Registration Act.

Wholly distinct from that consulting work, they say, were Rivera’s meetings with Rubio and Sessions, which occurred after the consulting contract had expired and was focused on ushering in leadership in Venezuela that would be less hostile to the U.S.

“He was working every possible angle to get Nicolás Maduro out,” defense attorney Ed Shohat said during closing arguments. “There was not a word in the chats about normalizing relations.”

Nuhfer’s attorney, David Oscar Markus, likened the government’s case to the 17th century Salem witch trials, presuming ill intent that was belied by the flimsiest of evidence.

“My client does not have a dark heart,” he said.

Exxon meetings for Rodríguez

Prosecutors said Rivera used the contract with New York-based PDV USA as cover for illegal lobbying.

Once exposed, the partners tried to hide the work — backdating documents and coming up with sham agreements like one to justify a wire transfer of $3.75 million to a South Florida company that maintained Gorrín’s luxury yacht.

The political activity included setting up meetings for Rodríguez in New York, Caracas, Washington and Dallas. As part of the effort, the two roped in Sessions, who later tried to broker a meeting for Rodríguez with the CEO of ExxonMobil that had succeeded Trump’s then-secretary of State, Rex Tillerson. After a secret meeting in Caracas with Maduro, Sessions also agreed to deliver a letter from the Venezuelan president to Trump.

The outreach quickly unraveled, however. Within six months of taking office, Trump sanctioned Maduro and labeled him a “dictator,” launching a “maximum pressure” campaign to unseat the president.

However, nearly a decade later, Rodríguez has emerged as the second Trump administration’s trusted partner after the U.S. military’s ousting of Maduro.

Before being elected to Congress in 2010, Rivera was a high-ranking Florida legislator. During that time, he shared a Tallahassee home with Rubio, who eventually became the Florida House speaker.

Rivera has previously faced controversy, including allegations that he secretly funded a Democratic spoiler candidate in a 2012 congressional race. Last year, federal prosecutors dropped the case after an appeals court threw out a sizable fine imposed by a lower court. Rivera was also investigated — but never charged — for alleged campaign finance violations and a $1-million contract with a gambling company while serving in the Florida legislature.

Goodman writes for the Associated Press.

Cole Tomas Allen, the 31-year-old Torrance man charged with trying to kill President Trump at last weekend’s White House Correspondents’ Assn. dinner, will remain in federal jail pending trial.

Allen agreed to his ongoing detention during a brief hearing in federal court in Washington, D.C., on Thursday. “He’s conceding detention at this time,” one of his federal public defenders, Tezira Abe, told Magistrate Judge Moxila Upadhyaya, according to CNBC.

He did not enter a plea during the hearing, according to the Associated Press.

Abe and Allen’s other public defender, Eugene Ohm, had argued in a filing Wednesday for Allen’s pre-trial release, citing his lack of a criminal record, family support and ties to his church, as well as inconsistencies and weaknesses they allege exist in the government’s case against him.

Abe and Ohm did not respond to a request for comment following the hearing.

In addition to trying to kill Trump, a terrorism-related charge that carries a potential life sentence, Allen faces two firearms charges related to his allegedly transporting two guns across state lines as he traveled from California to Washington by Amtrak train, and allegedly discharging one of those firearms — a shotgun — during the incident.

In arguing for Allen’s release in their Wednesday filing, his attorneys not only insisted he was no danger to the community, but questioned the government’s reasoning and evidence for the charges against him.

Allen was captured on a hotel video camera sprinting past U.S. Secret Service agents and into the secured event space a floor above the dinner while armed, according to prosecutors, with the shotgun, a pistol, and various knives. He then fell to the ground and was detained, according to prosecutors.

Trump administration officials who were at the dinner, including Acting Atty. Gen. Todd Blanche and Jeanine Pirro, the U.S. attorney for D.C., charged him swiftly — leaning heavily on an email Allen had sent to family just as he was breaching event security, which Trump and others referred to as a “manifesto” but which was titled an “Apology and Explanation.”

In that document, Allen allegedly wrote that he was targeting top Trump administration officials, with the highest ranking among them receiving top priority. He allegedly wrote that he would “go through” others at the event to get to those officials, but that he was not targeting guests or hotel staff and had chosen buck shot rather than slugs to “minimize casualties” in the room.

The charge of attempting to kill the president hung largely on that document, according to charging documents.

Blanche and Pirro also alleged that Allen had fired a shot during the encounter with Secret Service agents, in which they said a Secret Service agent was shot in the ballistic vest. Prosecutors also alleged in court that Allen had fired his shotgun, noting their recovery of one spent casing, but made no mention of a Secret Service officer being shot in the vest.

That alleged shot served as the basis for the one count of discharging a firearm.

In their filing arguing for Allen’s release, his attorneys questioned the legitimacy of both arguments.

They wrote that the government’s “sole proffered evidence” of Allen’s intent to kill Trump — the “Apology and Explanation” letter — was “far from clear” and never actually mentioned Trump by name.

“The government’s evidence of the charged offense — the attempted assassination of the president — is thus built entirely upon speculation, even under the most generous reading of its theory,” Allen’s attorneys wrote. “While the government may be able to say that the letter expresses an intent to target administration officials, it falls well short of narrowing those officials to President Trump.”

Regarding the one count of discharging a firearm, Allen’s attorneys wrote that the government “has not asserted that Mr. Allen ever fired any of the recovered weapons.” They wrote that the government, “after essentially asserting that Mr. Allen shot a Secret Service Officer in the criminal complaint, has apparently retreated from the theory by not mentioning the alleged officer at all” in its filing arguing for Allen’s ongoing detention.

In the latter document, prosecutors wrote only that an officer had seen Allen fire his shotgun “in the direction of the stairs leading down to the ballroom.” However, they provided little evidence to support that claim, other than that the shotgun held a spent cartridge in its barrel.

“In sum,” Allen’s attorneys wrote, “the government’s entire argument about the nature and circumstances of the offense is based upon inferences drawn about Mr. Allen’s intent that raise more questions than answers.”

Prosecutors, in a separate filing in the case related to evidence gathering, rejected the defense claims.

“The preliminary analysis of the crime scene is consistent with the government’s evidence that your client fired at least one shot from the 12-gauge pump action shotgun in the direction of Officer V.G., and that Officer V.G. fired his service weapon five times,” they wrote. “The government is aware of no evidence thus far collected and analyzed that is inconsistent with the above.”

They wrote that evidence suggests Allen fired his Mossberg 12-gauge pump-action shotgun “at least one time as he ran past the magnetometers on the Terrace Level of the Washington Hilton.”

They wrote that investigators recovered one spent cartridge from the chamber of the shotgun, that the “government’s preliminary ballistics and video analyses show that your client fired his shotgun in the direction of” the Secret Service officer identified only as “V.G.,” and that “at least one fragment was recovered from the crime scene that was physically consistent with a single buckshot pellet.”

Evidence in the murder case against the singer D4vd — who is charged with the brutal killing of 14-year-old Celeste Rivas Hernandez — will not become public until at least late next month, after his defense attorneys pumped the brakes on a preliminary hearing that was scheduled to take place this Friday.

David Anthony Burke, 21, was charged with murder, continuous sex abuse of a minor and mutilating a corpse earlier this month after Los Angeles police stormed a Hollywood Hills home and arrested him. He pleaded not guilty last week.

The singer has long been linked to Hernandez’s disappearance and death, after her badly decomposed body was found in the trunk of a Tesla he owned at a Hollywood tow yard last September. Authorities said Hernandez was last seen at Burke’s Hollywood residence on April 23, 2025.

Los Angeles County Dist. Atty. Nathan Hochman said last week that Burke killed the 14-year-old because she threatened to expose the fact that he’d been sexually abusing her for nearly a year. An autopsy report made public last week revealed Hernandez died from a pair of stab wounds. Her body was dismembered when police found it in the trunk and two of her fingers had been amputated, the report said.

Burke’s lead defense attorney, Blair Berk, said she does not believe the prosecution’s case can hold up to scrutiny and pushed for an immediate preliminary hearing during his initial court appearance. Defendants have a right to a preliminary hearing, in which a judge determines whether prosecutors have enough evidence to bring a case to trial, within 10 business days. In Burke’s case, that would have put the preliminary hearing on track for May 1.

But on Wednesday afternoon, attorney Marilyn Bednarski asked that the hearing be pushed back to May 26, citing the voluminous amount of discovery in the case. Los Angeles County Superior Court Judge Charlaine Olmedo agreed there was “good cause” to delay the hearing a few weeks.

Deputy Dist. Atty. Beth Silverman expressed some annoyance at Bednarski and Berk’s change of heart, noting she’d already warned the defense team that prosecutors had a trove of evidence to turn over.

Silverman said last week that discovery materials would include the results of a wiretap and searches of Burke’s cellphone and iCloud accounts, which prosecutors allege turned up “a significant amount of child pornography.” Law enforcement executed 54 search warrants in the case, according to court records.

The medical examiner’s report detailing how Hernandez died was not available to the defense until last week. Prosecutors also convened three secret grand juries between November 2025 and February 2026 to collect evidence against Burke, according to Silverman. Transcripts from those hearings were under seal as of last week.

Bednarski said Wednesday she needed “additional time to review the discovery we either just got, or are about to get, in order to have a full and free preliminary hearing.”

“We told them that this was what was going to be coming,” Silverman argued in reply. “As I said in my brief, we sent out subpoenas, we’ve been preparing, we’ve been telling witnesses to cancel planned vacations.”

Berk also sought to have Olmedo seal a filing that Silverman submitted early Wednesday that laid out evidence she plans to present at a preliminary hearing.

“The prosecution has appeared to file a rather unusual pre-preliminary hearing brief that appears to be a very one-sided view of what is anticipated as the evidence in this case. But no evidence has been presented by the prosecution in a courtroom. Certainly there has been no adjudication of the admissibility of that evidence,” Berk said, expressing worry that the publication of such materials would taint future jury pools.

Prosecutors normally file such briefs ahead of trial, which include a list of witnesses they plan to call and a summary of arguments they will make. Olmedo rejected Berk’s request to seal the motion. A copy of the document was not immediately available for review at the downtown Los Angeles courthouse.

ALEXANDRIA, Va. — Former FBI Director James Comey appeared in court on Wednesday, kick-starting a criminal case against him that legal experts say presents significant hurdles for the prosecution and will likely be a challenge for the Justice Department to win.

Comey, who didn’t enter a plea, was indicted in North Carolina on Tuesday on charges of making threats against President Trump related to a photograph he posted on social media last year of seashells arranged in the numbers “86 47.” The Justice Department contends those numbers amounted to a threat against Trump, the 47th president. Comey has said he assumed the numbers reflected a political message, not a call to violence against the Republican president, and removed the post as soon as he saw some people were interpreting it that way.

The indictment is the second against Comey, a longtime adversary of Trump dating back to his time as FBI director, over the past year. The first one, on unrelated false-statement and obstruction charges, was tossed out by a judge last year. Now prosecutors pursuing the threats case face their own challenge of proving that Comey intended to communicate a true threat or at least recklessly discounted the possibility that the statement could be understood as a threat.

The indictment accuses Comey of acting “knowingly and willfully,” but its sparse language offers no support for that assertion. Acting Atty. Gen. Todd Blanche declined to elaborate at a news conference on what evidence of intent the government has. But broad 1st Amendment protections for free speech, Supreme Court precedent and Comey’s public statements indicating that he did not intend to convey a threat will likely impose a tall burden for the government.

“Here, ‘86’ is ambiguous — it doesn’t necessarily threaten violence and the fact that it was the FBI Director posting this openly and notoriously on a public social media site suggests that he didn’t intend to convey a threat of violence,” John Keller, a former senior Justice Department official who led a task force to prosecute violent threats against election workers, wrote in a text message.

The case was charged in the Eastern District of North Carolina, the location of the beach where Comey has said he found the shells. He is set to make his first court appearance Wednesday at the federal courthouse in Alexandria, Va., the state where he lives.

What the law says on threats

The Supreme Court has held that statements are not protected by the 1st Amendment if they meet the legal threshold of a “true threat.”

That requires prosecutors to prove, at a minimum, that a defendant recklessly disregarded the risk that a statement could be perceived as threatening violence. In a 2023 Supreme Court case, the majority held that prosecutors have to show that the “defendant had some subjective understanding of the threatening nature of his statements.”

Meanwhile, the Supreme Court has found that hyperbolic political speech is protected. In a 1969 case, the justices held that a Vietnam War protester did not make a knowing and willful threat against the president when he remarked that “If they ever make me carry a rifle the first man I want to get in my sights is L.B.J,” referring to President Lyndon B. Johnson. The court noted that laughter in the crowd when the protester made the statement, among other things, showed it wasn’t a serious threat of violence.

Regarding the current case, Merriam-Webster, the dictionary used by the Associated Press, says 86 is slang meaning “to throw out,” “to get rid of” or “to refuse service to.” It notes: “Among the most recent senses adopted is a logical extension of the previous ones, with the meaning of ‘to kill.’ We do not enter this sense, due to its relative recency and sparseness of use.”

Comey deleted the post shortly after it was made, writing: “I didn’t realize some folks associate those numbers with violence” and “I oppose violence of any kind so I took the post down.”

What the government will try to prove

John Fishwick, a former U.S. attorney in the Western District of Virginia, said the government will likely try to prove that Comey should have known better as a former FBI director.

“I think they’re going to try to circumstantially say that you were head of the FBI, you knew what these terms meant and you said them out to the whole world as a threat to the president,” Fishwick said, though he noted that such an argument would be challenging in light of Comey’s obvious 1st Amendment defenses.

Comey was voluntarily interviewed by the Secret Service last year, and the fact that he was not charged with making a false statement suggests that prosecutors do not have evidence that he lied to agents, Fishwick said.

Jonathan Turley, a George Washington University law professor, wrote in an opinion piece published Tuesday that “despite being one of Comey’s longest critics, the indictment raises troubling free speech issues. In the end, it must be the Constitution, not Comey, that drives the analysis and this indictment is unlikely to withstand constitutional scrutiny.”

“If it did,” he added, “it would allow the government to criminalize a huge swath of political speech in the United States.”

Tucker, Richer and Kunzelman write for the Associated Press. Kunzelman reported from Alexandria, Va.

WIENER NEUSTADT, Austria — A man accused of pledging allegiance to the Islamic State group and plotting to attack one of superstar singer Taylor Swift’s concerts in Vienna nearly two years ago pleaded guilty as his trial began on Tuesday, his lawyer said.

The plot was thwarted, but Austrian authorities still canceled Swift’s three performances in August 2024. The singer’s fans, known as Swifties, who had flown to Austria from across the globe to attend a performance of her record-setting Eras Tour were devastated, but rallied to turn Vienna into a citywide trading post for friendship bracelets and singalongs.

The defendant, a 21-year-old Austrian citizen known only as Beran A. in line with Austrian privacy rules, faced charges including terrorist offenses and membership in a terrorist organization. He could be sentenced to up to 20 years in prison, and has been in custody since August 2024.

The Vienna plot drew comparisons to a 2017 attack by a suicide bomber at an Ariana Grande concert in Manchester, England, that killed 22 people. The bomb detonated at the end of Grande’s concert as thousands of young fans were leaving, becoming the deadliest extremist attack in the United Kingdom in recent years.

Defendant regrets his actions

Anna Mair, his defense attorney, said her client pleaded guilty to the charges related to the concert plot.

“Of course, he deeply regrets it all,” Mair said outside the court, adding that “he says it was the biggest mistake of his life.”

Austrian media reported that he also pleaded guilty to being a member of a terrorist organization.

Beran A. is facing trial alongside Arda K., whose full name also has not been made public. They, along with a third man, planned to carry out simultaneous attacks in Saudi Arabia, Turkey and the United Arab Emirates during Ramadan in 2024 in the name of the Islamic State group. Beran A. and Arda K. never carried out their attacks.

Only Beran A. was charged in connection with the concert plot. He pleaded not guilty to the charges related to the plot for simultaneous attacks.

He allegedly planned to target onlookers gathered outside Ernst Happel Stadium — up to 30,000 each night, with another 65,000 inside the venue — with knives or homemade explosives. The suspect hoped to “kill as many people as possible,” authorities said in 2024. The U.S. provided intelligence that fed into the decision to cancel the concerts.

Beran A. also allegedly networked with other members of the Islamic State group ahead of the planned attack. Prosecutors say they discussed purchasing weapons and making bombs, and that the defendant also sought to illegally buy weapons in the days ahead of the performance. In addition, he swore allegiance to the militant group.

Authorities searched his apartment on Aug. 7, 2024, and found bomb-making materials. The concerts were scheduled to begin the next day.

“Having our Vienna shows canceled was devastating,” Swift wrote in a statement posted to Instagram two weeks later. “The reason for the cancellations filled me with a new sense of fear, and a tremendous amount of guilt because so many people had planned on coming to those shows.”

A representative for Swift did not immediately return a request for comment Tuesday.

The trial is being held in Wiener Neustadt, about an hour south of Vienna. The proceedings are set to continue May 12.

Three attacks planned in Saudi Arabia, Turkey and UAE

Prosecutors have also filed terrorism-related charges against Arda K. in the trial in connection with the plan for simultaneous attacks in Saudi Arabia, Turkey and the United Arab Emirates.

The third man in that plot, Hasan E., allegedly stabbed a security guard with a knife at the Grand Mosque in Mecca, Saudi Arabia, on March 11, 2024. He was arrested and remains in pretrial detention in Saudi Arabia, Austrian prosecutors said.

Beran A. and Arda K. did not carry out their plans in Turkey and the UAE. Beran A. returned to Vienna and then allegedly began plotting to attack a Swift concert there.

Jenne, Schrader and Dazio write for the Associated Press. Dazio reported from Berlin. AP writer Daniel Niemann in Cologne, Germany, contributed to this report.

More than 20 years after Jam Master Jay of Run-DMC was shot to death in a New York recording studio, a man admitted to his role in the killing.

Jay Bryant, 52, pleaded guilty to a federal murder charge, telling U.S. Magistrate Judge Peggy Cross-Goldenberg that he helped others gain access to the building where the hip-hop icon, born Jason Mizell, was shot in 2002.

“I knew a gun was going to be used to shoot Jason Mizell,” Bryant told the judge, per the Associated Press. “I knew that what I was doing was wrong and a crime.”

Bryant didn’t name the people he helped, but in 2024, Karl Jordan Jr. and Ronald Washington were convicted of Mizell’s murder in a case that prosecutors had been working for decades.

“Y’all just killed two innocent people,” Washington yelled at the jury at the time of the verdict.

Jordan Jr., Mizell’s godson, won an appeal last year to overturn his conviction, with a judge finding that the prosecutors’ case against him didn’t add up. The judge said the evidence didn’t support the contention that he was motivated by anger after he was cut out of a $200,000 drug deal. Earlier this month, U.S. District Judge LaShann DeArcy approved Jordan Jr.’s $1-million bond package.

Washington has challenged his conviction as well.

According to Courthouse News, prosecutors claimed that Washington and Jordan both confessed to the murder, based on witness testimony that both men discussed being involved in Mizell’s shooting while they were in prison.

As for Bryant’s role in the murder, his uncle Raymond Bryant testified in 2024 that his nephew confessed to killing Mizell, saying he “did it.”

Additionally, a hat with Bryant’s DNA that law enforcement officers found in the recording studio placed Bryant at the scene of the crime.

Bryant told the court Monday that he was in cahoots with people who were wrapped up in a drug deal with the DJ and that he played a part in the killing by helping them gain entry to the recording studio. According to the Associated Press, Bryant flashed a thumbs up to a person in the courtroom before leaving.

Bryant faces 15 to 20 years in prison for his role in the murder, as well as separate narcotics trafficking and firearms charges to which he already pleaded guilty.

“More than two decades after the cold-blooded, execution-style killing of Mr. Mizell, an exhaustive investigation revealed Bryant’s role and today he finally admitted his guilt,” stated U.S. Atty. Joseph Nocella in a news release.

“Justice in the murder of Jam Master Jay has been pursued with determination and resolve for more than two decades. The defendant’s role in facilitating access for the killers was integral to this crime,” added Bryan DiGirolamo, special agent in charge for ATF New York field division.

Although Mizell’s public persona as the “master of the disco scratch” promoted the wholesome side of hip-hop and encouraged a drug-free lifestyle, officials said he turned to dealing after the group’s heyday had come and gone. According to prosecutors, Mizell became involved in arranging the sale of kilogram-size quantities of cocaine.

In August 2002, Mizell was fronted 10 kilos of cocaine from a supplier. Prosecutors alleged that Jordan Jr. and Washington planned to deal the drugs in Maryland, but a dispute led to the men being cut out of the $200,000 deal.

On Oct. 30, 2002, Mizell was playing video games with a friend inside his Queens, N.Y., recording studio, 24/7. According to prosecutors, around 7:30 p.m., Bryant entered the building containing the recording studio and opened a locked fire escape exit door to allow others to slip in without being seen by Mizell.

Two shots were fired and Mizell was hit once in the head, killing him. The second shot struck another individual in the leg.

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.

On March 28, a sunny Saturday in southwestern Utah, Jack Hoopes and his wife, Lorna, brought their homemade signs to the local “No Kings” rally.

The couple joined a crowd of 1,500 or so marching through the main picnic area of a park in downtown St. George. Their signs — cut-out words on a black background — chided lawmakers for failing to stand up to President Trump and urged America to “make lying wrong again.”

After about an hour, the two were ready to go home. They got in their silver Volvo SUV, but before pulling away, Jack Hoopes decided to swing past the demonstration, which was still going strong. He tooted his horn, twice, in a show of solidarity.

That’s when things took a curious turn.

A police officer parked in the middle of the street warned Hoopes not to honk; at least that’s what he thinks the officer said as Hoopes drove past the chanting crowd. When he spotted two familiar faces, Hoopes hit the horn a third time — a friendly, howdy sort of honk. “It wasn’t like I was being obnoxious,” he said, “or laying on the horn.”

Hoopes turned a corner and the cop, lights flashing, pulled him over. He asked Hoopes for his license and registration. He returned a few moments later. A passing car sounded its horn. “Are you going to stop him, too?” Hoopes asked.

That did not sit well. The officer said he’d planned to let Hoopes off with a warning. Instead, he charged the 71-year-old retired potato farmer with violating Utah’s law on horns and warning devices. He issued a citation, with a fine punishable up to $50.

Hoopes — a law school graduate and prosecutor in the days before he took up potato farming — is fighting back, even though he estimates the legal skirmishing could cost him considerably more than the maximum fine. The ticket might have resulted from pique on the officer’s part. But Hoopes doesn’t think so. He sees politics at play.

“I’ve beeped my horn for [the pro-law enforcement] Back the Blue. I’ve beeped my horn for Black Lives Matter,” Hoopes said. “I’ve seen a lot of people honk for Trump and for MAGA.”

He’s also seen plenty of times when people honked their horns to celebrate high school championships and the like.

But Hoopes has never heard of anyone being pulled over, much less ticketed, for excessive or unlawful honking. “I think it’s freedom of expression,” he said.

Or should be.

Jack and Lorna Hoopes made their own protest signs to bring to the “No Kings” rally in St. George, Utah.

(Mikayla Whitmore / For The Times)

St. George is a fast-growing community of about 100,000 residents set amid the jagged red-rock peaks of the Mojave Desert. It’s a jumping-off point for Zion National Park, about 40 miles east, and a mecca for golf, hiking and mountain-bike riding.

It’s also Trump Country.

Washington County, where St. George is located, gave Trump 75% of its vote in 2024, with Kamala Harris winning a scant 23%. That emphatic showing compares with Trump’s 59% performance statewide.

St. George is where Hoopes and his wife live most of the time. When summer and its 100-degree temperatures hit, they retreat to southeast Idaho. The couple get along well with their neighbors in both places, Hoopes said, even though they’re Democrats living in ruby-red country. It’s not as though they just tolerate folks, or hold their noses to get by.

“Most of my friends are conservative,” Hoopes said. “Some of the Trump people are very good people. We just have a difference of opinion where our country is going.”

He was speaking from a hotel parking lot in Arizona near Lake Havasu while embarked on an annual motorcycle ride through the Southwest: four days, a dozen riders, 1,200 miles. Most of his companions are Trump supporters, Hoopes said, and, just like back home, everyone gets on fine.

“Right?” he called out.

“No!” a voice hollered back.

Actually, Hoopes joked, his charitable road mates let him ride along because they consider him handicapped — his disability being his political ideology.

Hoopes is not exactly a hellion. In 2014, he and his wife traveled to Africa to participate in humanitarian work and promote sustainable agriculture in Kenya and Uganda. In 2020, they worked as Red Cross volunteers helping wildfire victims in Northern California.

Virtually his entire life has been spent on the right side of the law, though Hoopes allowed as how he has racked up a few speeding tickets over the years. (His career as a prosecutor lasted four years and involved three murder cases in the first 12 months before he left the legal profession behind and took up farming.)

He’s never had any problems with the police in St. George. “They seem to be decent,” Hoopes said.

A department spokesperson, Tiffany Mitchell, said illicit honking is not a widespread problem in the placid, retiree-heavy community, but there are some who have been cited for violations. She denied any political motivation in Hoopes’ case.

“He must’ve felt justified,” Mitchell said of the officer who issued the citation. “I can’t imagine that politics had anything to do with it.”

And yes, she said, honking a horn can be a political statement protected by the 1st Amendment. “But, just like anything else, it can turn criminal,” Mitchell said, and apparently that’s how the officer felt on March 28 “and that’s the direction he took it.”

The matter now rests before a judge, residing in a legal system that has lately been tested and twisted in remarkable ways.

Jack Hoopes’ case is now before a judge in St. George, Utah.

(Mikayla Whitmore / For The Times)

As he left an initial hearing earlier this month, Hoopes said his phone pinged with a fresh headline out of Washington. Trump’s Justice Department, it was reported, was asking a federal appeals court to throw out the convictions of 12 people found guilty of seditious conspiracy for their roles in the Jan. 6, 2021, insurrection.

“We have a president that pardons people that broke into the Capitol and defecated” in the hallways and congressional offices, Hoopes said. “Police officers died because of it, and yet I get picked up for honking my horn?”

Hoopes’ next court appearance, a pretrial conference, is set for July 15.

Nearly two years after actor Alec Baldwin was cleared of criminal charges in the “Rust” movie shooting death, a long simmering civil negligence case is inching toward a trial this fall.

On Friday, a Los Angeles Superior Court judge denied a summary judgment motion requested by the film producers Rust Movie Productions LLC, as well as actor-producer Baldwin and his firm El Dorado Pictures to dismiss the case.

During a hearing, Superior Court Judge Maurice Leiter set an Oct. 12 trial date.

The negligence suit was brought more than four years ago by Serge Svetnoy, who served as the chief lighting technician on the problem-plagued western film. Svetnoy was close friends with cinematographer Halyna Hutchins and held her in his arms as she lay dying on the floor of the New Mexico movie set. Baldwin’s firearm had discharged, launching a .45 caliber bullet, which struck and killed her.

The Bonanza Creek Ranch in Santa Fe, N.M. in 2021.

(Jae C. Hong / Associated Press)

Svetnoy was the first crew member of the ill-fated western to bring a lawsuit against the producers, alleging they were negligent in Hutchins’ October 2021 death. He maintains he has suffered trauma in the years since. In addition to negligence, his lawsuit also accuses the producers of intentional infliction of emotional distress.

Prosecutors dropped criminal charges against Baldwin, who has long maintained he was not responsible for Hutchins’ death.

“We are pleased with the Court’s decision denying the motions for summary judgment filed by Rust Movie Productions and Mr. Baldwin,” lawyers Gary Dordick and John Upton, who represent Svetnoy, said in a statement following the hearing. “He looks forward to finally having his day in court on this long-pending matter.”

The judge denied the defendants’ request to dismiss the negligence, emotional distress and punitive damages claims. One count directed at Baldwin, alleging assault, was dropped.

Svetnoy has said the bullet whizzed past his head and “narrowly missed him,” according to the gaffer’s suit.

Attorneys representing Baldwin and the producers were not immediately available for comment.

Svetnoy and Hutchins had been friends for more than five years and worked together on nine film productions. Both were immigrants from Ukraine, and they spent holidays together with their families.

On Oct. 21, 2021, he was helping prepare for an afternoon of filming in a wooden church on Bonanza Creek Ranch. Hutchins was conversing with Baldwin to set up a camera angle that Hutchins wanted to depict: a close-up image of the barrel of Baldwin’s revolver.

The day had been chaotic because Hutchins’ union camera crew had walked off the set to protest the lack of nearby housing and previous alleged safety violations with the firearms on the set.

Instead of postponing filming to resolve the labor dispute, producers pushed forward, crew members alleged.

New Mexico prosecutors prevailed in a criminal case against the armorer, Hannah Gutierrez, in March 2024. She served more than a year in a state women’s prison for her involuntary manslaughter conviction before being released last year.

Baldwin faced a similar charge, but the case against him unraveled spectacularly.

On the second day of his July 2024 trial, his criminal defense attorneys — Luke Nikas and Alex Spiro — presented evidence that prosecutors and sheriff’s deputies withheld evidence that may have helped his defense . The judge was furious, setting Baldwin free.

Variety first reported on Friday’s court action.