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Will it be Life or Death for David Burke?



Let me begin with the fact that accused killer David Burke is presumed to be innocent until proven guilty by a court of law. 

Today, Monday, August 31, 2026, in Los Angeles County Superior Court, David Anthony Burke (known professionally as D4vd) obtained new legal representation for his murder case. 

During a pre-trial/arraignment hearing before Judge Charlaine Olmedo, his private defense team (including high-profile attorneys Blair Berk, Marilyn Bednarski, and Regina Peter) withdrew. 

I suspect that this was about his inability to pay what Blair Berk demanded as a retainer. The motion to withdraw and substitute council was held in judicial Chambers and the record of what went on has been sealed by the court.  I’m sure that Mr. Burke was ordered to liquidate assets and pay a lesser amount to the public defender.  

Burke confirmed in open court that he wanted the Los Angeles County Public Defender’s Office to represent him instead. The judge granted the request and appointed public defender  

Key details from the hearing:

•  The new public defender entered a not guilty plea on Burke’s behalf after the judge denied a request to continue the arraignment.

•  The next court date was set for October 19, 2026.

•  Burke remains held without bail on charges including first-degree murder (with special circumstances), continuous sexual abuse of a child under 14, and unlawful mutilation of human remains, related to the death of 14-year-old Celeste Rivas Hernandez. 

Burke could stand trial as early as 90 days however that will never happen.  This case will be stuck in the Superior Court level for the few years at a minimum unless Burke is offered an attractive plea agreement by prosecutors that he would be willing to accept.  

Due to the magnitude and cruelty involved in the allegations, I find it highly unlikely that the prosecutors won’t ask for the death penalty.  To evade the death penalty demand Berk‘s public defender would have to come up with some very provable mitigating psychiatric evidence.

My best guess is that this case will languish in the Superior Court for three or more years before trial begins.  

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