Case Status Report: Celeste Rivas Hernandez (Case #2025-14252)

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DATE: October 2025 Celeste Rivas case

TO: Office of the District Attorney

FROM: Lead Investigator, Robbery-Homicide Division

SUBJECT: Briefing on Legal Obstacles to Homicide Prosecution

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1. Obstacles to Homicide Prosecution: Forensic & Legal Constraints

This section outlines the two primary constraints currently preventing the filing of homicide charges in the death investigation of Celeste Rivas Hernandez.

1.1. Constraint 1: Medical Examiner's "DEFERRED" Cause of Death

The Los Angeles County Medical Examiner has officially listed the cause of death for Celeste Rivas Hernandez as "DEFERRED." This determination is a direct result of the "severely decomposed" state of the victim's remains. Advanced decomposition has created significant, potentially insurmountable, obstacles to proving cause and manner of death beyond a reasonable doubt.

The condition of the remains presents the following forensic challenges:

• Soft Tissue Injuries: The degradation of soft tissue in the Celeste Rivas case has resulted in the loss of evidence related to bruising, ligature marks, or petechial hemorrhages. This makes it impossible to forensically confirm or rule out potential causes of death such as strangulation or suffocation.

• Organ Pathology: The advanced breakdown of internal organs prevents the detection of natural causes like heart attacks or internal bleeding, as well as trauma-related organ damage.

• Surface Wounds: The condition of the remains has destroyed evidence of potential surface wounds, including cuts, abrasions, or defensive wounds that might have been present on the victim's hands and arms.

Due to these limitations, the investigation is now dependent on comprehensive toxicology testing, which is projected to take between three and seven months. The extended timeline is due to the complex methodologies required for analyzing degraded biological samples. Key factors include:

• Non-Viable Standard Samples: Traditional blood and urine samples are unusable due to decomposition.

• Alternative Matrix Testing: Analysis must rely on more stable but forensically complex sources, including vitreous humor (eye fluid), bone marrow, and hair shafts.

• Variable Drug Stability: Different toxic substances and their metabolites degrade at different rates, complicating the analytical process and requiring multiple testing methodologies.

1.2. Constraint 2: Unclear Criminal Culpability

The forensic vacuum detailed above directly precipitates the current legal paralysis, as we cannot establish the corpus delicti for a homicide charge. This reality was articulated in the official LAPD statement by Captain Scot Williams on September 30, 2025:

"As such, it remains unclear whether there is any criminal culpability beyond the concealment of her body."

The "DEFERRED" cause of death prevents the prosecution from establishing the foundational proof that a death occurred as the result of a criminal act. Without a determination from the Medical Examiner that a homicide occurred, a homicide charge cannot be filed.

Furthermore, pursuing the lesser charge of 'concealment of human remains' is also severely constrained. California Penal Code §152.1 requires that the prosecution must prove the "death was the result of criminal activity." This creates a legal catch-22; until the cause of death is determined to be the result of a criminal act, even the concealment charge is obstructed. This statutory requirement effectively tables even this lesser charge, forcing our primary focus to remain on the toxicology results as the sole pathway to establishing the foundational "criminal activity" element.

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2. Analysis of Defense Strategy: Retention of Blair Berk

This section analyzes the strategic decision by David Anthony Burke to retain high-profile defense counsel and its practical impact on the investigation.

2.1. Counsel Profile and Public Perception

On or around October 2, 2025, David Anthony Burke (professionally known as D4vd) retained the services of criminal defense attorney Blair Berk. Ms. Berk is a formidable, high-profile attorney whose past clients include Harvey Weinstein, Mel Gibson, and Kanye West. This development was widely interpreted by the public as an implicit admission of guilt.

2.2. Legal Framing: Constitutional Right, Not Evidence of Guilt

From an investigative and legal standpoint, the retention of counsel is an exercise of a constitutional right under the Fifth Amendment and is not considered evidence of guilt. It is a tactically sound and constitutionally protected decision for any individual, regardless of innocence or guilt, who is at the center of a major death investigation.

2.3. Practical Impact on the Ongoing Investigation

The involvement of Ms. Berk presents the following immediate and practical impediments to the investigation:

1. Communication Lockdown: All public statements from the camp of David Anthony Burke, including from his manager Josh Marshall, have ceased. All future communications between Mr. Burke and law enforcement will be filtered exclusively through counsel.

2. Cessation of Voluntary Cooperation: The phase of voluntary interviews and statements is effectively over. All future interactions with David Anthony Burke will be formalized, and he is expected to fully exercise his Fifth Amendment right to remain silent.

3. Anticipation of Aggressive and Meticulous Legal Challenges: The retention of Ms. Berk signals preparation for a protracted and highly technical legal battle. We must now operate under the assumption that every procedural step and piece of evidence will be aggressively challenged. Based on counsel's known strategies, we anticipate suppression motions targeting the September 17 search warrant, rigorous challenges to the chain of custody for all 47 evidence items, and expert witness battles over the eventual forensic and toxicology findings. This necessitates an even higher standard of meticulous documentation and procedural adherence moving forward.