Chapter 1: What is the main topic discussed in this episode?
This is an iHeart Podcast. Guaranteed human. Crime Stories with Nancy Grace. Breaking news. Bombshell. State versus D4VD, a.k.a. David Anthony Burke, as it relates to the death of a little teen girl, Celeste Rivas, found in the trunk of D4VD, David Anthony Burke's Tesla. What's taking so long? But now we have seen a court document that says state versus David Anthony Burke.
You know about that secret grand jury proceeding that was just an investigative tool looking into the death of Celeste Rivas? No. David Anthony Burke is named as the official defendant. Good evening. I'm Nancy Grace. This is Crime Stories. I want to thank you for being with us. Joining us, an all-star panel to make sense of what we are learning right now, but I've got it in front of me.
Chapter 2: What is the case against D4VD related to Celeste Rivas Hernandez?
Dave Mack, explain what we found.
Well, when you look at this, at the documentation from the state of California, Nancy, it's It flat out says something that we've long thought was the case, but it actually, the bombshell, the people of the state of California versus David Anthony Burke.
See, we thought, you know, it was just an investigation because that's what they said, an investigation into the death of Celeste Rivas Hernandez. However, this document proves beyond a shadow of a doubt legal paperwork that says the state of California versus David Anthony Burke.
Now what's interesting in this particular court document and what it is, is an appeal to the court of appeals there in Texas. The reason it's in Texas is because his family, Burke's family is in Texas and they are appealing a subpoena to come to the grand jury. Now the title of that document is in the court of appeals for the first district of Texas in Ray Dawood Burke. Okay.
What does that mean in the matter of Dawood Burke? But in a footnote, in a footnote, in this document, you see the people of the state of California versus David Burke. Okay, I'm going to get back to everything else we are learning, but I'm going to go straight out to a veteran trial lawyer. Joanna Nieves is joining us from California, criminal defense attorney and founder of the Nieves Law Firm.
Joanna, thank you for being with us. So this is what's happening to my understanding, and you jump in. Joanna, the family of D4VD, David Anthony Burke, pronounced as David, has been subpoenaed, the whole family, to testify in a grand jury proceeding regarding the death of Celeste Rivas, the little girl found in Burke's trunk. Let's see that, Tesla.
It was parked in spot to spot to spot on a posh street there in California until it was finally towed at the behest of one of the homeowners. Days sitting at the tow lot and it started a stench. Why? Because Celeste Rivas was decomposing in the trunk. We were told there is an investigative grand jury.
Nevis, I believe you will agree with me that grand juries have two tools, one a charging tool to indict people and one an investigation tool. For instance, in the JonBenet Ramsey case, in the Ramsey case, the grand jury met and they met and they met and they met investigating JonBenet's death. They ultimately did issue an indictment, but that case was not prosecuted.
So a grand jury can meet to investigate. They have subpoena power. They can bring in witnesses. Or they can charge. We were told this was an investigation into Celeste's death. Now we have an official court document filed by the parents contesting them having to come from Texas to California to testify in State v. David Anthony Burke. So a case against him. a case investigating him does exist.
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Chapter 3: What are the implications of the grand jury subpoenas for D4VD's family?
But whether or not there was a sexual relationship, we don't know that. I've heard no reportings besides suspicions that there's any proof regarding that.
Crime Stories with Nancy Grace. Steve Fisher joining me right now, the man of the hour. He is a missing persons private investigator search and rescue specialist, and he was hired by the owner of the mansion where D4VD was living to basically find out what the hay happened. Could you refresh Joanna Nieves' recollection regarding the relationship that you have cobbled together through photos.
I know you were not in the room when any alleged sex activity occurred, which would be statutory rape because she's a child, but you've seen a lot of photos. You even recovered a photo stick that the LAPD left behind in their wisdom.
Tell me what relationship, based on the photos that you have seen and what you have learned, what was the relationship between D4VD and this little girl, Celeste Rivas?
i'm certain that one thing that's become very apparent is he was aware uh when cameras around and and he made her aware of not to be uh in front of the camera it's very very apparent uh because
know she's captured in so few you know photos although we know we have other evidence the linker there and but is there direct evidence i mean i think it's this is one thing that's worried me about this case is that because it's the very highest level of the of the the um DA's office, these are the DA's that prosecute, you know, homicides and stuff.
Will they, if they can't meet that threshold, will they go after the sex crimes? I don't know. I don't know if they will. And that, that worries me when he, when David said, I can tell you right now, they won't. Yeah, right.
I can tell you right now that sex assault will likely not be part of the claims against D4VD, a.k.a. David Anthony Burke, and this is why. Celeste is dead. David Anthony Burke will likely never take the stand. And without any DNA from her body or her eyewitness testimony as a victim, it won't be, you can't prove it.
If there is a witness that walked in on them in any sex act, maybe they've got a leg to stand on, okay? And there were so many people in and out of that house, as you know, that may very well have happened. If anyone ever saw him kiss her on the mouth, if there are any texts that surface, romantic or sexual texts between them, We may be able to get a charge on indecent exposure, a LUDAC
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Chapter 4: How does the legal process of a grand jury work in this case?
Just because you moved to a different state or you are in a different state does not mean you don't have to testify in front of a grand jury. Now, Steve Fisher, bring me up to date with your latest findings.
We had the news of the car being saved from going to auction at the very last minute. We were hoping to take a look at that, and that didn't happen. These photos you're showing now, we released these photos to kind of show There's a couple of reasons for this one show some of the people that were around a lot and they appear in this photo. We believe Celeste is also just off frame here and also
know we talked about the phone right there that's um shows that it's on connected to the wi-fi system of the house and we did this because we wanted to let everybody we've heard i've heard recently that there's a few people that still are not cooperating and
aren't being fully truthful and I think it's important that people realize that there are things like the Wi-Fi router at the house that's gonna log exactly when they were connected to that router and you know what days and what times and and things like that so we just thought it might be important for those people to think about and maybe it's time to be fully truthful about you know who was it was there who was
I'm sorry, hold on. You cut out on me. You're saying that the LAPD can mine the Wi-Fi connections in the home from the time they believe Celeste began living there until her death, and they can determine who was in the home and get those cell numbers, connect those cell numbers to owners, and then get witnesses. Is that what you just said?
If they did the forensics on the router, we don't have that type of relationship with LAPD where they're telling us exactly what they've done. These are things that we're throwing out there, hoping that they are being done because we think they're very important, especially if there's a lack.
Hey, Steve Fisher, you're absolutely right. But I want to talk to you about a NEO program. AKA Neo the Asian, AKA hiding under mommy's bed in another jurisdiction, refusing to come to the grand jury. Guess what? He was arrested and brought to the grand jury. So if D4VD's family doesn't want the same treatment, they better hop on over to that California grand jury and start talking.
Tell me what you know about Neo the Asian. His words, not mine. brought into the grand jury. Did he go to grand jury Steve Fisher?
Showed up at that building. They showed the prosecutor arriving at that building. He was only in there, they say, 30 to 40 minutes. The only thing that I can infer from that, and I don't have any inside information on this, but I have to believe that he pleaded the fifth because there's not, I can't believe there's a 30 or 40 minute by the time you would arrive, gets sworn in, all that up.
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