1 00:00:00,880 --> 00:00:10,840 Speaker 1: Crime Stories with Nancy Grace breaking news bombshell State versus 2 00:00:11,039 --> 00:00:15,680 Speaker 1: D four v D aka David Anthony Burke as it 3 00:00:15,760 --> 00:00:19,840 Speaker 1: relates to the death of a little teen girl, Celeste Rivas, 4 00:00:20,200 --> 00:00:23,599 Speaker 1: found in the trunk of D four VD David Anthony 5 00:00:23,600 --> 00:00:29,680 Speaker 1: Burke's tesla. What's taking so long? But now we have 6 00:00:29,840 --> 00:00:36,600 Speaker 1: seen a court document that says State versus David Anthony Burke. 7 00:00:36,960 --> 00:00:39,760 Speaker 1: You know about that secret grand jury proceeding that was 8 00:00:39,840 --> 00:00:45,040 Speaker 1: just an investigative tool looking into the death of Celestia Revas. No, 9 00:00:46,600 --> 00:00:52,600 Speaker 1: David Anthony Burke is named as the official defendant. Good evening, 10 00:00:52,680 --> 00:00:55,240 Speaker 1: I'm Nancy Grace. This is Crime Stories. I want to 11 00:00:55,280 --> 00:00:57,760 Speaker 1: thank you for being with us, joining us an all 12 00:00:57,800 --> 00:00:59,480 Speaker 1: star panel to make sense of what we are learning 13 00:00:59,600 --> 00:01:01,920 Speaker 1: right now. But I've got it in front of me. 14 00:01:02,280 --> 00:01:04,600 Speaker 1: Dave Mac explain what we found. 15 00:01:04,840 --> 00:01:08,040 Speaker 2: Well, when you look at this at the documentation from 16 00:01:08,080 --> 00:01:13,360 Speaker 2: the State of California, Nancy, it it flat out says 17 00:01:13,640 --> 00:01:17,360 Speaker 2: something that we've long thought was the case. But it 18 00:01:17,440 --> 00:01:22,400 Speaker 2: actually the bombshell the people of the State of California 19 00:01:23,000 --> 00:01:27,959 Speaker 2: versus David Anthony Burke. See, we thought, you know, it 20 00:01:28,040 --> 00:01:31,040 Speaker 2: was just an investigation, because that's what they said an 21 00:01:31,080 --> 00:01:36,280 Speaker 2: investigation into the death of Celestrevas Sernandez. However, this document 22 00:01:36,480 --> 00:01:40,399 Speaker 2: proves beyond the shadow of a doubt legal paperwork that 23 00:01:40,560 --> 00:01:45,200 Speaker 2: says the State of California versus David Anthony Burke. 24 00:01:45,360 --> 00:01:48,360 Speaker 1: Now, what's interesting in this particular court document and what 25 00:01:48,400 --> 00:01:50,320 Speaker 1: it is is an appeal to the Court of Appeals. 26 00:01:50,400 --> 00:01:56,600 Speaker 1: They're in Texas. The reason it's in Texas is because 27 00:01:57,200 --> 00:02:01,200 Speaker 1: his family, Burke's family is a Texas and they are 28 00:02:01,240 --> 00:02:05,160 Speaker 1: appealing a subpoena to come to the grand jury. Now, 29 00:02:05,240 --> 00:02:08,320 Speaker 1: the title of that document is in the Court of 30 00:02:08,360 --> 00:02:13,600 Speaker 1: Appeals for the First District of Texas in Ray Dowod Burke. Okay, 31 00:02:13,680 --> 00:02:17,240 Speaker 1: what does that mean in the matter of Dowd Burke. 32 00:02:17,760 --> 00:02:23,640 Speaker 1: But in a footnote, in a footnote in this document 33 00:02:25,280 --> 00:02:30,200 Speaker 1: you see the people of the State of California versus 34 00:02:30,520 --> 00:02:35,440 Speaker 1: David Burke. Okay, I'm going to get back to everything 35 00:02:35,480 --> 00:02:37,600 Speaker 1: else we are learning, but I'm going to go straight 36 00:02:37,639 --> 00:02:41,160 Speaker 1: out to a veteran trial lawyer, Joanna Nievis is joining 37 00:02:41,240 --> 00:02:44,519 Speaker 1: us from California criminal defense attorney and founder of the 38 00:02:44,600 --> 00:02:48,359 Speaker 1: Nievis Law Firm. Joanna, thank you for being with us. 39 00:02:48,919 --> 00:02:52,040 Speaker 1: So this is what's happening to my understanding, and you 40 00:02:52,440 --> 00:02:57,280 Speaker 1: jump in. Joanna, the family of d four med David 41 00:02:57,280 --> 00:03:01,920 Speaker 1: Anthony Burke pronounced as David, has been subpoenaed, the whole 42 00:03:01,919 --> 00:03:05,280 Speaker 1: family to testify in a grand jury proceeding regarding the 43 00:03:05,320 --> 00:03:09,400 Speaker 1: death of Celesta Rivas, the little girl found in Burke's trunk. 44 00:03:09,880 --> 00:03:13,240 Speaker 1: Let's see that tesla. It was part in spot to 45 00:03:13,240 --> 00:03:18,160 Speaker 1: spot to spot on Pass Street there in California until 46 00:03:18,240 --> 00:03:20,680 Speaker 1: it was finally toad at the behest of one of 47 00:03:20,680 --> 00:03:25,440 Speaker 1: the homeowners days sitting at the toe lot and it 48 00:03:25,639 --> 00:03:31,680 Speaker 1: started a stench. Why because Celesto Rivas was decomposing in 49 00:03:32,040 --> 00:03:36,320 Speaker 1: the trunk. We were told there is an investigative grand 50 00:03:36,400 --> 00:03:39,080 Speaker 1: jury the US. I believe you will agree with me 51 00:03:39,160 --> 00:03:42,400 Speaker 1: that grand juries have two tools, one a charging tool 52 00:03:42,680 --> 00:03:46,200 Speaker 1: to indict people and one an investigation tool. For instance, 53 00:03:46,520 --> 00:03:49,840 Speaker 1: in the John Binney Ramsey case. In the Ramsey case, 54 00:03:49,920 --> 00:03:52,400 Speaker 1: the grand jury met and they met, and they met, 55 00:03:52,480 --> 00:03:57,880 Speaker 1: and they met investigating John Benet's death. They ultimately did 56 00:03:58,000 --> 00:04:01,280 Speaker 1: issue an indictment, but that case was prosecuted. So a 57 00:04:01,320 --> 00:04:04,320 Speaker 1: grand jury can meet to investigate. They have subpoena power. 58 00:04:04,320 --> 00:04:08,960 Speaker 1: They can bring in witnesses or they can charge. We 59 00:04:08,960 --> 00:04:12,400 Speaker 1: were told this was an investigation into Celeste's death. Now 60 00:04:12,480 --> 00:04:16,520 Speaker 1: we have an official court document filed by the parents 61 00:04:17,279 --> 00:04:20,359 Speaker 1: contesting them having to come from Texas to California to 62 00:04:20,400 --> 00:04:26,000 Speaker 1: textify in state the David Anthony Burke, So a case 63 00:04:26,120 --> 00:04:32,960 Speaker 1: against him, a case investigating him does exist, explain what's happening, Joanna. 64 00:04:32,800 --> 00:04:35,680 Speaker 3: Right, Nancy, So, I do believe that it does outline 65 00:04:35,720 --> 00:04:38,240 Speaker 3: what the target of this investigation is. It's not just 66 00:04:38,320 --> 00:04:43,640 Speaker 3: trying to uncover who it may be and get more information. Obviously, 67 00:04:43,680 --> 00:04:47,440 Speaker 3: they're trying to focus their energies on identifying and criminating 68 00:04:47,839 --> 00:04:52,320 Speaker 3: information against this particular person that's named in the footnote 69 00:04:52,320 --> 00:04:55,760 Speaker 3: they're in the charging document. Assuming that that was cited properly, 70 00:04:56,560 --> 00:04:59,040 Speaker 3: I would guess that they took that from the grand 71 00:04:59,080 --> 00:05:03,400 Speaker 3: juries of pena that was perceived. The filing itself, I 72 00:05:03,440 --> 00:05:05,880 Speaker 3: think is kind of more procedural. Right, they're in Texas, 73 00:05:05,920 --> 00:05:10,159 Speaker 3: this is happening in California, and it's their attempt to say, 74 00:05:10,200 --> 00:05:12,480 Speaker 3: you know what, I don't really feel like California can 75 00:05:12,600 --> 00:05:15,560 Speaker 3: drag me over there based on this subpoena, and I 76 00:05:15,600 --> 00:05:18,800 Speaker 3: want a court to say that, yes, absolutely, you have 77 00:05:18,880 --> 00:05:23,000 Speaker 3: to you have the authority to make me come and testify. 78 00:05:23,080 --> 00:05:24,400 Speaker 3: So I think it's kind of like one of those 79 00:05:24,440 --> 00:05:28,240 Speaker 3: procedural things where you're contesting the validity of a confidential informant, 80 00:05:28,400 --> 00:05:30,919 Speaker 3: or you're contesting the validity of a warrant or the 81 00:05:31,000 --> 00:05:34,039 Speaker 3: validity of a search. They're really just saying, hey, just 82 00:05:34,160 --> 00:05:37,440 Speaker 3: make sure that you really do have the arms reached 83 00:05:37,440 --> 00:05:39,599 Speaker 3: to make me come from Texas to California. 84 00:05:39,640 --> 00:05:44,560 Speaker 1: Here specifically what they are arguing it is de Woodburg, 85 00:05:45,040 --> 00:05:49,560 Speaker 1: the father Dave four Fidi's mother Colleen, and his brother Caleb, 86 00:05:49,800 --> 00:05:54,640 Speaker 1: all summoned to testify at a California grand jury. Now 87 00:05:54,760 --> 00:06:01,039 Speaker 1: they are contesting that, claiming they're right have been violated. 88 00:06:01,600 --> 00:06:06,800 Speaker 1: Why do they claim their rights were violated? They claim 89 00:06:07,200 --> 00:06:12,080 Speaker 1: that they were given redacted versions of affidavits that were 90 00:06:12,200 --> 00:06:21,120 Speaker 1: used in the court order summoning them to be witnesses. Okay, really, Celeste, 91 00:06:21,200 --> 00:06:26,400 Speaker 1: a little girl, a teen girl decomposing, and their sons Tesla, 92 00:06:27,440 --> 00:06:34,480 Speaker 1: and they're claiming their rights were violated silent tear because 93 00:06:34,680 --> 00:06:39,920 Speaker 1: the affidavits supporting that warrant, that subpoena for them had 94 00:06:39,960 --> 00:06:44,600 Speaker 1: a name redacted. That's the leg they're standing on. 95 00:06:45,360 --> 00:06:50,080 Speaker 3: Good luck, I think we see this pretty often though, like, hey, you, 96 00:06:50,240 --> 00:06:52,520 Speaker 3: there are rules that you have to follow, there is 97 00:06:52,600 --> 00:06:55,400 Speaker 3: information that we need, give me proper notice. That's the 98 00:06:55,440 --> 00:06:57,680 Speaker 3: basis of so many arguments when I even when I 99 00:06:57,720 --> 00:07:00,839 Speaker 3: just mentioned like a confidential informant, I'm that kind of 100 00:07:00,920 --> 00:07:04,800 Speaker 3: objection to the information is based on not being able 101 00:07:04,800 --> 00:07:06,920 Speaker 3: to see what was in the affidavit that was drafted 102 00:07:06,920 --> 00:07:11,680 Speaker 3: by the police officer, or even when contesting a search worm. 103 00:07:11,800 --> 00:07:14,360 Speaker 3: We see this pretty often, so I don't think that 104 00:07:14,760 --> 00:07:18,200 Speaker 3: they are making absurd arguments. I do think they're just 105 00:07:18,320 --> 00:07:20,960 Speaker 3: trying to protect their interests and of course the interests 106 00:07:21,000 --> 00:07:23,520 Speaker 3: of their son at this point, because he's still innocent 107 00:07:23,600 --> 00:07:24,560 Speaker 3: until proven guilty. 108 00:07:25,200 --> 00:07:27,880 Speaker 1: I was waiting for you to say that. But this 109 00:07:28,080 --> 00:07:31,080 Speaker 1: is not an adjudication of guilt or innocence. This is 110 00:07:31,200 --> 00:07:33,520 Speaker 1: telling a witness you must come to the grand jury. 111 00:07:33,800 --> 00:07:37,120 Speaker 1: And yes, notice must be proper. In other words, they 112 00:07:37,120 --> 00:07:40,240 Speaker 1: have to be served with subpoena properly. There has to 113 00:07:40,280 --> 00:07:43,800 Speaker 1: be a date, a location, the name of the matter 114 00:07:44,000 --> 00:07:48,400 Speaker 1: to which they will testify. But the fact that names 115 00:07:48,640 --> 00:07:53,000 Speaker 1: have been redacted in the affidavit. They don't even have 116 00:07:53,080 --> 00:07:58,640 Speaker 1: to see an affidavit, all right, but they do have 117 00:07:58,680 --> 00:08:03,360 Speaker 1: an affidavit to support the subpoena. The fact that they 118 00:08:03,480 --> 00:08:06,760 Speaker 1: got noticed correctly, there is the name of the matter 119 00:08:06,880 --> 00:08:11,720 Speaker 1: to which they will end up testifying to. That's what 120 00:08:12,160 --> 00:08:17,800 Speaker 1: they need. It was registered, it was certified. Bam. They 121 00:08:17,840 --> 00:08:20,560 Speaker 1: don't need to know the state's case, and they don't 122 00:08:20,600 --> 00:08:24,240 Speaker 1: need to know sensitive information such as names that are 123 00:08:24,240 --> 00:08:28,320 Speaker 1: in the affidavit that is not required under the law. Yes, 124 00:08:28,360 --> 00:08:30,800 Speaker 1: you're right, they have to have noticed. Yes, you're right. 125 00:08:30,840 --> 00:08:33,400 Speaker 1: They have to know what the matter is on which 126 00:08:33,600 --> 00:08:38,920 Speaker 1: they will testify. But that's it. So they don't have 127 00:08:39,040 --> 00:08:43,199 Speaker 1: a leg to stand on. But I'm very curious. Let's 128 00:08:43,240 --> 00:08:48,079 Speaker 1: talk about privilege such as attorney client privilege. I'm sure 129 00:08:48,360 --> 00:08:51,680 Speaker 1: that your clients speak very openly with you. They may 130 00:08:51,720 --> 00:08:55,600 Speaker 1: even confess they may prejudice themselves in front of you, 131 00:08:55,640 --> 00:08:59,400 Speaker 1: because you're their trusted lawyer, and your duty is or 132 00:08:59,440 --> 00:09:03,480 Speaker 1: you will be disbarred if you violate the attorney client privilege. 133 00:09:03,800 --> 00:09:06,880 Speaker 1: Right the rest of your life, you may not speak 134 00:09:06,880 --> 00:09:09,400 Speaker 1: of it. That's the duty of a lawyer. I have 135 00:09:09,440 --> 00:09:14,559 Speaker 1: the same duty. So you've got the attorney client privilege, 136 00:09:14,600 --> 00:09:17,400 Speaker 1: You've got priests, parishioner privilege such as what you tell 137 00:09:17,679 --> 00:09:24,160 Speaker 1: to your preacher, your priest, your religious counselor your rabbi. 138 00:09:24,960 --> 00:09:29,800 Speaker 1: That cannot be forced in court. The rabbi, the priest 139 00:09:30,000 --> 00:09:33,560 Speaker 1: cannot be forced to divulge what the defendant said. You've 140 00:09:33,559 --> 00:09:38,079 Speaker 1: got husband wife privilege. There are several privileges, but he's 141 00:09:38,200 --> 00:09:42,000 Speaker 1: my daddy. Ain't one of them. Neevice, no, for sure. 142 00:09:42,040 --> 00:09:43,760 Speaker 3: But you know, I do think there's a word that 143 00:09:45,640 --> 00:09:50,520 Speaker 3: David's dad does have some type of affiliation with the church, 144 00:09:50,840 --> 00:09:53,320 Speaker 3: and I do wonder whether or not he may take 145 00:09:53,400 --> 00:09:59,280 Speaker 3: some stand that his son to just say him from 146 00:09:59,320 --> 00:10:01,079 Speaker 3: that perspective, I. 147 00:10:01,000 --> 00:10:02,280 Speaker 1: Thought you were going to hit me with the fact 148 00:10:02,280 --> 00:10:05,199 Speaker 1: that his father's a lawyer, so he could try to 149 00:10:05,280 --> 00:10:06,600 Speaker 1: use turning client privilege. 150 00:10:07,280 --> 00:10:08,560 Speaker 3: His dad is a lawyer. 151 00:10:08,760 --> 00:10:11,720 Speaker 1: But you're going he has an affiliation with the church. 152 00:10:11,800 --> 00:10:14,440 Speaker 1: What affiliation would that be? He drives by it on 153 00:10:14,480 --> 00:10:15,720 Speaker 1: Sunday mornings, you know. 154 00:10:16,200 --> 00:10:18,800 Speaker 3: And here all of this is all reported, right, it's 155 00:10:18,880 --> 00:10:22,160 Speaker 3: reported that he's some type of reverend with the church. 156 00:10:22,520 --> 00:10:27,200 Speaker 1: Okay, you know what, There's a reason you win so 157 00:10:27,280 --> 00:10:33,920 Speaker 1: many cases. See, she's smart, she's articulate, and she says 158 00:10:33,960 --> 00:10:37,920 Speaker 1: things like that, and you almost believe it. He has 159 00:10:37,960 --> 00:10:42,960 Speaker 1: some affiliation with a church. You just said that. Okay, 160 00:10:43,040 --> 00:10:46,400 Speaker 1: So you're going from the angle that it is a 161 00:10:46,440 --> 00:10:50,240 Speaker 1: pre parishioner privilege. Is that correct? 162 00:10:50,440 --> 00:10:53,280 Speaker 3: It's an angle. I don't know that they're really actually 163 00:10:53,280 --> 00:10:56,440 Speaker 3: going to to go with it, but maybe some of 164 00:10:56,480 --> 00:10:59,280 Speaker 3: the conversations that have happened, if there really is this 165 00:10:59,360 --> 00:11:03,280 Speaker 3: sort of affiliate, could fall under those protections. No, he 166 00:11:03,280 --> 00:11:06,720 Speaker 3: doesn't have a father son privilege, and maybe he has 167 00:11:06,800 --> 00:11:10,280 Speaker 3: consulted his father in an attorney client way, but we 168 00:11:10,360 --> 00:11:10,760 Speaker 3: do know. 169 00:11:10,760 --> 00:11:13,079 Speaker 1: That he is. I shouldn't have given you that idea. 170 00:11:13,840 --> 00:11:18,720 Speaker 1: I gave her a bound. She's running with it. Okay, Well, 171 00:11:18,760 --> 00:11:21,520 Speaker 1: you know what, You're not half wrong, Joanna, as much 172 00:11:21,679 --> 00:11:25,080 Speaker 1: grief as I'm giving you. Remember when Rosie Greer, the 173 00:11:25,080 --> 00:11:29,640 Speaker 1: football player, went and counseled O. J. Simpson behind bars, 174 00:11:29,679 --> 00:11:33,480 Speaker 1: and according to the sheriff, Sipson confessed that was kept 175 00:11:33,480 --> 00:11:36,960 Speaker 1: away from the jury under the same theory you're using 176 00:11:37,040 --> 00:11:42,120 Speaker 1: right now. Greer was some kind of a counselor or pastor, 177 00:11:42,160 --> 00:11:45,280 Speaker 1: some affiliation with the church, and it worked. The jury 178 00:11:45,480 --> 00:11:49,840 Speaker 1: never heard that OJ Sipson confession. So you know what, 179 00:11:50,520 --> 00:11:52,520 Speaker 1: maybe he hasn't led to stand on with the dad. 180 00:11:52,720 --> 00:11:55,520 Speaker 1: But what about the mom, Colleen and the brother. Okay, 181 00:11:55,520 --> 00:11:57,400 Speaker 1: I can't wait to hear this. Did they drive by 182 00:11:57,400 --> 00:11:59,360 Speaker 1: the church on Sunday morning too? Well? 183 00:11:59,400 --> 00:12:02,000 Speaker 3: You know, here's thing with that. We really don't know 184 00:12:02,120 --> 00:12:05,080 Speaker 3: how much they know. They're living in another state. David 185 00:12:05,160 --> 00:12:08,320 Speaker 3: is living in California. I mean, what do they know 186 00:12:08,400 --> 00:12:11,800 Speaker 3: that he's hanging out with Celeste? Do they really have 187 00:12:11,880 --> 00:12:14,880 Speaker 3: any details about whether or not there was a relationship. 188 00:12:14,920 --> 00:12:18,520 Speaker 3: I'm still waiting to hear proof or some sort of 189 00:12:18,559 --> 00:12:21,960 Speaker 3: evidence that he was in a relationship that was inappropriate 190 00:12:22,000 --> 00:12:25,120 Speaker 3: besides contributing to the delinquency of a minor and you know, 191 00:12:25,160 --> 00:12:27,719 Speaker 3: maybe doing drugs and drinking alcohol, which we can kind 192 00:12:27,760 --> 00:12:30,079 Speaker 3: of gather from these photos. So there may have been 193 00:12:30,520 --> 00:12:33,800 Speaker 3: an inappropriate relation to the extent that he was doing 194 00:12:33,880 --> 00:12:37,320 Speaker 3: things that he should not have been doing, like engaging 195 00:12:37,320 --> 00:12:42,199 Speaker 3: in abuses of substances, giving her alcohol in But whether 196 00:12:42,280 --> 00:12:46,040 Speaker 3: or not there was a sexual relationship, we don't know that. 197 00:12:46,120 --> 00:12:52,640 Speaker 3: I've heard no reportings besides suspicions that there's any proof regarding. 198 00:12:52,160 --> 00:13:06,160 Speaker 1: That crime stories with anti Great Steve Fisher joining me 199 00:13:06,240 --> 00:13:09,480 Speaker 1: right now, the Man of the Hour. He is a 200 00:13:09,520 --> 00:13:13,760 Speaker 1: missing person's private investigator, search and rescue specialist, and he 201 00:13:14,000 --> 00:13:16,680 Speaker 1: was hired by the owner of the mansion where D 202 00:13:16,760 --> 00:13:20,760 Speaker 1: four VD was living to basically find out what the 203 00:13:20,800 --> 00:13:27,120 Speaker 1: hay happened. Could you refresh Joanna Nievis's recollection regarding the 204 00:13:27,240 --> 00:13:33,800 Speaker 1: relationship that you have cobbled together through photos. I know 205 00:13:34,200 --> 00:13:37,600 Speaker 1: you were not in the room when any alleged sex 206 00:13:37,640 --> 00:13:40,680 Speaker 1: activity occurred, which would be statutory rape because she's a child, 207 00:13:41,320 --> 00:13:44,920 Speaker 1: But you've seen a lot of photos. You even recovered 208 00:13:45,559 --> 00:13:49,720 Speaker 1: a photo stick that the lapd left behind in their wisdom. 209 00:13:50,640 --> 00:13:54,560 Speaker 1: Tell me what relationship based on the photos that you 210 00:13:54,720 --> 00:13:57,840 Speaker 1: have seen and what you have learned, what was the 211 00:13:57,960 --> 00:14:03,320 Speaker 1: relationship between D four VD and this little girl, Celeste Rivas. 212 00:14:06,080 --> 00:14:09,160 Speaker 4: Well, I'm certain that one thing that's become very apparent 213 00:14:09,320 --> 00:14:13,560 Speaker 4: is he was aware when cameras around and and he 214 00:14:13,600 --> 00:14:16,960 Speaker 4: made her aware of not to be in front of 215 00:14:16,960 --> 00:14:22,240 Speaker 4: the camera. It's very very apparent because you know, she's 216 00:14:22,280 --> 00:14:25,120 Speaker 4: captured in so few, you know, photos, although we know 217 00:14:25,200 --> 00:14:28,160 Speaker 4: we have other evidence the link are there, and but 218 00:14:28,320 --> 00:14:31,560 Speaker 4: is there direct evidence? I mean, I think it's this 219 00:14:31,600 --> 00:14:33,640 Speaker 4: is one thing that's worried me about this case is 220 00:14:33,680 --> 00:14:38,120 Speaker 4: that because it's the very highest level the of the 221 00:14:38,240 --> 00:14:44,440 Speaker 4: the DA's office. These are the d's that prosecute you know, 222 00:14:44,600 --> 00:14:48,160 Speaker 4: homicides and stuff. Will they if they can't meet that threshold, 223 00:14:48,200 --> 00:14:49,800 Speaker 4: will they go after the sex crimes? 224 00:14:49,840 --> 00:14:50,240 Speaker 1: I don't know. 225 00:14:50,560 --> 00:14:53,360 Speaker 4: I don't know if they will, and that that worries 226 00:14:53,400 --> 00:14:55,520 Speaker 4: me when he I can. 227 00:14:55,480 --> 00:14:58,800 Speaker 1: Tell you right now they won't. Yeah, I can tell 228 00:14:58,840 --> 00:15:02,920 Speaker 1: you right now well that sex assault will likely not 229 00:15:03,200 --> 00:15:07,040 Speaker 1: be part of the claims against deforvid aka David Anthony Burke. 230 00:15:07,080 --> 00:15:12,120 Speaker 1: And this is why Celeste is dead. Anthony will David 231 00:15:12,120 --> 00:15:16,080 Speaker 1: Anthony Burke will likely never take the stand and without 232 00:15:16,160 --> 00:15:21,080 Speaker 1: any DNA from her body or her eyewitness testimony as 233 00:15:21,120 --> 00:15:25,000 Speaker 1: a victim, it won't be a You can't prove it. 234 00:15:25,720 --> 00:15:29,240 Speaker 1: If there is a witness that walked in on them 235 00:15:29,640 --> 00:15:34,720 Speaker 1: in any sex act, maybe they've got a leg to 236 00:15:34,720 --> 00:15:38,160 Speaker 1: stand on, okay, And there were so many people in 237 00:15:38,200 --> 00:15:39,680 Speaker 1: and out of that house, as you know, that may 238 00:15:39,760 --> 00:15:43,640 Speaker 1: very well have happened if anyone ever saw him kiss 239 00:15:43,680 --> 00:15:47,760 Speaker 1: her on the mouth. If there are any texts that 240 00:15:48,720 --> 00:15:53,760 Speaker 1: surface romantic or sexual text between them, we may be 241 00:15:53,920 --> 00:16:00,720 Speaker 1: able to get a charge on in decent expres elude A. 242 00:16:02,440 --> 00:16:06,920 Speaker 1: But the state doesn't want to include account that is 243 00:16:07,040 --> 00:16:12,320 Speaker 1: weak because it will then dilute a murder charge or 244 00:16:12,400 --> 00:16:15,720 Speaker 1: a homicide charge if it's not murder one. I would 245 00:16:15,800 --> 00:16:18,240 Speaker 1: not put that in my indictment. If I were indicting 246 00:16:18,240 --> 00:16:20,960 Speaker 1: this case, I might believe it, I might know it 247 00:16:21,000 --> 00:16:23,880 Speaker 1: to be true. But unless I have a witness, gethan 248 00:16:24,000 --> 00:16:27,000 Speaker 1: tell they can tell me they observe D four VD 249 00:16:27,480 --> 00:16:30,480 Speaker 1: having full on sex with celestial revice, I would not 250 00:16:30,520 --> 00:16:34,160 Speaker 1: put that in the indictment. If I've got someone or 251 00:16:34,280 --> 00:16:42,200 Speaker 1: text proving something else, kissing, fondling, sexual text, anything like that, 252 00:16:42,480 --> 00:16:48,080 Speaker 1: I would go with delinquency to a minor or child 253 00:16:48,120 --> 00:16:51,960 Speaker 1: molestation or leute acts. I wouldn't do anything that would 254 00:16:52,000 --> 00:16:56,360 Speaker 1: dilute the most important charge, and that would be homicide. 255 00:16:56,400 --> 00:17:00,400 Speaker 1: In fact, I believe I would have one count of 256 00:17:00,440 --> 00:17:05,040 Speaker 1: homicide if I were prosecuting this case. Maybe account of 257 00:17:05,160 --> 00:17:08,879 Speaker 1: mutilation to a corpse, which means hiding the corps, bearing 258 00:17:08,880 --> 00:17:11,919 Speaker 1: the corpse, tampering with the corpse, because those are going 259 00:17:12,000 --> 00:17:17,960 Speaker 1: to be provable according to reports. Now, Steve Fisher, we've 260 00:17:18,000 --> 00:17:21,280 Speaker 1: got this document proving in a footnote you have to 261 00:17:21,280 --> 00:17:24,120 Speaker 1: read it very carefully that there is a grand jury 262 00:17:24,160 --> 00:17:30,640 Speaker 1: investigation state the David Anthony Burke. What you're seeing right 263 00:17:30,680 --> 00:17:35,800 Speaker 1: there is from the family contesting their subpoenas. We can 264 00:17:35,840 --> 00:17:39,320 Speaker 1: only imagine what he may have told them, what they 265 00:17:39,440 --> 00:17:43,000 Speaker 1: know about this case, But they're going to have to testify. 266 00:17:43,720 --> 00:17:45,439 Speaker 1: Just because you move to a different state or you 267 00:17:45,480 --> 00:17:47,800 Speaker 1: are in a different state does not mean you don't 268 00:17:47,800 --> 00:17:52,240 Speaker 1: have to testify in front of grand jury. Now, Steve Fisher, 269 00:17:52,520 --> 00:17:55,320 Speaker 1: bring me up to date with your latest findings. 270 00:17:55,640 --> 00:18:00,280 Speaker 4: We had the news of the car being say from 271 00:18:00,359 --> 00:18:02,959 Speaker 4: going to auction at the very last minute. We were 272 00:18:03,040 --> 00:18:05,000 Speaker 4: hoping to take a look at that and that didn't happen. 273 00:18:05,280 --> 00:18:08,600 Speaker 4: These photos are showing now. We we released these photos, 274 00:18:09,200 --> 00:18:11,840 Speaker 4: uh to kind of show there's a couple of reasons 275 00:18:11,840 --> 00:18:14,320 Speaker 4: for this. I wanted to show some of the people 276 00:18:14,359 --> 00:18:18,800 Speaker 4: that were around a lot and they appear in this photo. 277 00:18:18,840 --> 00:18:24,760 Speaker 4: We believe Celeste is also just off frame here. And 278 00:18:24,760 --> 00:18:29,640 Speaker 4: and also you know we talked about the phone right 279 00:18:29,680 --> 00:18:33,160 Speaker 4: there that's shows that it's on connected to the Wi 280 00:18:33,160 --> 00:18:36,800 Speaker 4: Fi system of the house. And we did this because 281 00:18:36,840 --> 00:18:40,320 Speaker 4: we wanted to let everybody we've heard I've heard recently 282 00:18:40,440 --> 00:18:42,720 Speaker 4: that there's a few people that still are not co 283 00:18:42,800 --> 00:18:46,800 Speaker 4: operating and or aren't being fully truthful, and I think 284 00:18:46,800 --> 00:18:48,840 Speaker 4: it's important that people realize that there are things like 285 00:18:48,880 --> 00:18:51,119 Speaker 4: the Wi Fi router at the house that it's gonna 286 00:18:51,160 --> 00:18:55,040 Speaker 4: log exactly when they were connected to that that router, 287 00:18:55,200 --> 00:18:58,159 Speaker 4: and you know what days and what times and and 288 00:18:58,200 --> 00:19:01,359 Speaker 4: things like that. So we just thought it might be 289 00:19:01,359 --> 00:19:05,160 Speaker 4: important for those people to think about and maybe it's 290 00:19:05,160 --> 00:19:07,720 Speaker 4: time to be fully truthful about you know, who was, 291 00:19:07,800 --> 00:19:09,120 Speaker 4: who was there, and who was I'm. 292 00:19:09,000 --> 00:19:10,959 Speaker 1: Sorry, hold on, you cut out on it. You're saying 293 00:19:11,080 --> 00:19:16,080 Speaker 1: that the LAPD can mine the Wi Fi connections in 294 00:19:16,160 --> 00:19:18,840 Speaker 1: the home from the time they believe Celeste began living 295 00:19:18,840 --> 00:19:22,480 Speaker 1: there until her death, and they can determine who was 296 00:19:22,560 --> 00:19:25,720 Speaker 1: in the home and get those cell numbers, connect those 297 00:19:25,720 --> 00:19:29,159 Speaker 1: cell numbers to owners, and then get witnesses. Is that 298 00:19:29,200 --> 00:19:31,960 Speaker 1: what you just said if if. 299 00:19:31,800 --> 00:19:34,800 Speaker 4: They did the forensics on the router. Look, you know, 300 00:19:34,840 --> 00:19:36,919 Speaker 4: we don't have that type of relationship with the LAPD 301 00:19:37,040 --> 00:19:40,119 Speaker 4: where they're telling us exactly what they've done. These are 302 00:19:40,160 --> 00:19:43,240 Speaker 4: things that we're throwing out there hoping that they are 303 00:19:43,520 --> 00:19:48,240 Speaker 4: being done because we think they're very important, especially if there's. 304 00:19:47,560 --> 00:19:51,080 Speaker 1: A lot See Fisher, You're absolutely right, but I want 305 00:19:51,119 --> 00:19:55,520 Speaker 1: to talk to you about a neo aka Neo the 306 00:19:55,600 --> 00:19:59,959 Speaker 1: Asian aka hiding under mommy's bed and another jurisdiction refusing 307 00:20:00,200 --> 00:20:03,119 Speaker 1: to the grand jury. Guess what, he was arrested and 308 00:20:03,200 --> 00:20:06,200 Speaker 1: brought to the grand jury. So if d Forbidy's family 309 00:20:06,960 --> 00:20:11,240 Speaker 1: doesn't want the same treatment, they better hop on over 310 00:20:11,600 --> 00:20:15,879 Speaker 1: to that California grand jury and start talking. Tell me 311 00:20:16,119 --> 00:20:20,960 Speaker 1: what you know about Neo the Asian. His words, not mine, 312 00:20:22,240 --> 00:20:26,240 Speaker 1: brought into the grand jury? Did he go to grand jury? 313 00:20:26,400 --> 00:20:28,800 Speaker 1: Steve Fisher showed up at that building. 314 00:20:30,040 --> 00:20:32,520 Speaker 4: They showed the prosecutor arriving at that building. He was 315 00:20:32,560 --> 00:20:35,560 Speaker 4: only in there. They say thirty to forty minutes. The 316 00:20:35,600 --> 00:20:37,600 Speaker 4: only thing that I confer from that, and I don't 317 00:20:37,640 --> 00:20:40,600 Speaker 4: have any inside information on this, but I have to 318 00:20:40,600 --> 00:20:44,080 Speaker 4: believe that he bleeded the fifth because there's not I 319 00:20:44,119 --> 00:20:46,840 Speaker 4: can't believe there's a thirty or forty minute by the 320 00:20:46,880 --> 00:20:49,680 Speaker 4: time you would arrive, get sworn in and all that. 321 00:20:50,080 --> 00:20:53,080 Speaker 4: You know, He's got a lot more information than thirty 322 00:20:53,160 --> 00:20:54,960 Speaker 4: or forty eight minutes worth, I would hope. So I 323 00:20:54,960 --> 00:20:59,040 Speaker 4: think he pleaded the fifth, which is obviously is right 324 00:20:59,080 --> 00:21:03,720 Speaker 4: to do so. But as a non lawyer, I can 325 00:21:03,840 --> 00:21:07,040 Speaker 4: look at that and say, well, that said something to me, 326 00:21:07,240 --> 00:21:07,560 Speaker 4: you know. 327 00:21:07,840 --> 00:21:12,480 Speaker 1: And well, you're right, Steve Fisher, that timing cannot be denied. 328 00:21:13,240 --> 00:21:18,240 Speaker 1: D four vd's friend D four vd's seemingly best friend, 329 00:21:18,280 --> 00:21:21,600 Speaker 1: Neo Langston, did appear from of an LA grand jury 330 00:21:22,280 --> 00:21:26,439 Speaker 1: and the investigation into the death of Celeste Rivas. He 331 00:21:26,560 --> 00:21:29,560 Speaker 1: was arrested for failure to appear. He was dragged back. 332 00:21:29,800 --> 00:21:32,120 Speaker 1: He did go into the grand jury. The twenty three 333 00:21:32,160 --> 00:21:36,720 Speaker 1: year old was at the courthouse this past Wednesday, a 334 00:21:36,800 --> 00:21:41,200 Speaker 1: grand jury, as you know, convened since November investigating this. 335 00:21:41,840 --> 00:21:45,199 Speaker 1: But he didn't stay long, about forty minutes and then 336 00:21:45,280 --> 00:21:49,280 Speaker 1: left the courthouse, refusing to answer questions as he left. Now, 337 00:21:49,720 --> 00:21:53,359 Speaker 1: we tried to get a comment from the Deputy District 338 00:21:53,359 --> 00:21:56,280 Speaker 1: Attorney Silverman, who was presenting case to the grand jury. 339 00:21:56,480 --> 00:22:01,040 Speaker 1: No good, wouldn't taught agree. Don't blame her, but I 340 00:22:01,240 --> 00:22:06,600 Speaker 1: do believe that Steve Fisher is correct. Straight back out 341 00:22:06,680 --> 00:22:10,520 Speaker 1: to our friend Joanna and neevis veteran trial lawyer in 342 00:22:10,560 --> 00:22:15,639 Speaker 1: this jurisdiction. You know what, fine, if you don't want 343 00:22:15,680 --> 00:22:20,000 Speaker 1: to testify, you can be put on as a co 344 00:22:20,280 --> 00:22:24,040 Speaker 1: defendant on that indictment, real simple, or you can be 345 00:22:24,240 --> 00:22:28,920 Speaker 1: an unnamed co conspirator or I'm very surprised the state 346 00:22:28,960 --> 00:22:34,800 Speaker 1: didn't do this, Joanna. Give him immunity and make him testify, 347 00:22:35,240 --> 00:22:37,520 Speaker 1: because the reason you take the Fifth Amendment right to 348 00:22:37,560 --> 00:22:40,440 Speaker 1: rein silent is because it could hurt you at your 349 00:22:40,520 --> 00:22:44,560 Speaker 1: upcoming trial. But if the state says, okay, you have immunity, 350 00:22:45,119 --> 00:22:47,000 Speaker 1: like you know you're immune from the flu or you 351 00:22:47,040 --> 00:22:50,280 Speaker 1: get the COVID VATSA, you're immune, you think same thing. 352 00:22:51,240 --> 00:22:53,280 Speaker 1: You are not going to try you. And if we're 353 00:22:53,280 --> 00:22:56,040 Speaker 1: not going to try you, then you don't get to 354 00:22:56,080 --> 00:23:00,480 Speaker 1: take the fifth I'm very surprised. What do you think, Joanna? 355 00:23:00,600 --> 00:23:03,280 Speaker 3: I agree with you, Nancy. I mean, as a lawyer, 356 00:23:03,359 --> 00:23:06,840 Speaker 3: I would have been talking to my client beforehand, talking 357 00:23:06,880 --> 00:23:10,720 Speaker 3: to the district attorney and negotiating some type of immunity 358 00:23:10,800 --> 00:23:14,440 Speaker 3: deals so to protect this interest. And so that also 359 00:23:14,680 --> 00:23:16,960 Speaker 3: leaves that opening of like, okay, if he really went 360 00:23:17,000 --> 00:23:21,560 Speaker 3: in there and led the fifth or why didn't that 361 00:23:21,600 --> 00:23:24,000 Speaker 3: occur ahead of time? But maybe they just had some 362 00:23:24,119 --> 00:23:28,840 Speaker 3: very straightforward cross examination questions, except some very or i'm sorry, 363 00:23:29,200 --> 00:23:33,320 Speaker 3: investigative questions where they're getting their yes and no answers. 364 00:23:33,640 --> 00:23:37,000 Speaker 3: And this is all I wanted from that witness and 365 00:23:37,119 --> 00:23:40,920 Speaker 3: leaving the door open to pursue something later on if 366 00:23:40,960 --> 00:23:45,080 Speaker 3: they need to. I just I do find it confounding 367 00:23:45,119 --> 00:23:48,440 Speaker 3: that they would not have negotiated something prior to him 368 00:23:48,480 --> 00:23:49,240 Speaker 3: going in there. 369 00:23:50,840 --> 00:23:53,920 Speaker 1: How about this, Joeanna. Maybe they put him up and 370 00:23:54,200 --> 00:23:57,600 Speaker 1: try to get him to testify without an immunity deal 371 00:23:57,640 --> 00:24:00,680 Speaker 1: in place, and then when he would and then they 372 00:24:00,680 --> 00:24:04,960 Speaker 1: had to go meet converse decide whether or not to 373 00:24:05,000 --> 00:24:09,080 Speaker 1: Granham immunity or to charge him, because put Steve Fisher up. Please, 374 00:24:11,000 --> 00:24:16,600 Speaker 1: Steve Fisher, you went before LAPD did You thought of 375 00:24:16,640 --> 00:24:19,400 Speaker 1: it before they did, and you executed it before they did. 376 00:24:19,480 --> 00:24:21,400 Speaker 1: You went to all the neighbors and you got their 377 00:24:21,480 --> 00:24:24,040 Speaker 1: ring cam, their doorbell cam. And we see how important 378 00:24:24,080 --> 00:24:27,960 Speaker 1: that is in the Nancy Guthrie disappearance, right, how valuable 379 00:24:28,040 --> 00:24:34,800 Speaker 1: that is. And you got video of someone moving Defour 380 00:24:34,840 --> 00:24:39,280 Speaker 1: VID's tesla around, we believe with Celeste body in the trunk. 381 00:24:40,280 --> 00:24:45,760 Speaker 1: And you're telling me tonight that it was or was 382 00:24:45,880 --> 00:24:47,200 Speaker 1: not Neo Langston. 383 00:24:49,200 --> 00:24:54,040 Speaker 4: Oh, I'm not saying either of those. You know I 384 00:24:54,080 --> 00:24:58,800 Speaker 4: can't do that. Here's here's the the you know the 385 00:24:58,840 --> 00:25:02,880 Speaker 4: problem with the surveillance in that neighborhood. The car was there. 386 00:25:03,000 --> 00:25:05,040 Speaker 4: I mean, this shoe was in that trunk for months, 387 00:25:05,320 --> 00:25:09,679 Speaker 4: and that overwrites. And so although there's a lot of 388 00:25:09,720 --> 00:25:13,000 Speaker 4: cameras in that neighborhood and there's a lot of surveillance 389 00:25:13,000 --> 00:25:15,800 Speaker 4: to get some of it, doesn't go back far enough 390 00:25:16,200 --> 00:25:18,359 Speaker 4: and from other ends. 391 00:25:17,960 --> 00:25:23,200 Speaker 1: Steve Fisher again, Steve, I had no idea you could 392 00:25:23,200 --> 00:25:27,439 Speaker 1: do the backstroke. So well, isn't it true that you 393 00:25:27,680 --> 00:25:31,879 Speaker 1: told me, you told me you saw the face at 394 00:25:31,960 --> 00:25:39,760 Speaker 1: least once of a person moving the tesla? Yes, okay, 395 00:25:39,840 --> 00:25:43,320 Speaker 1: that's all. No further questions, but you're not telling me 396 00:25:43,400 --> 00:25:46,280 Speaker 1: and I understand that, but I'm going to keep asking. 397 00:25:47,080 --> 00:25:50,800 Speaker 1: Dave Mack, have we missed anything? Nea Langston appears at 398 00:25:50,800 --> 00:25:53,960 Speaker 1: the grand jury, apparently takes the fifth I believe Steve 399 00:25:53,960 --> 00:25:57,840 Speaker 1: Fisher and Joeanna and theevis are exactly correct. He may 400 00:25:57,920 --> 00:26:01,359 Speaker 1: be named as an Underdidy codes Bert conspirator. He may 401 00:26:01,400 --> 00:26:04,879 Speaker 1: be not named and given immunity in exchange for his testimony. 402 00:26:06,200 --> 00:26:08,920 Speaker 1: The family refusing the family of d for we d 403 00:26:09,080 --> 00:26:12,600 Speaker 1: David Anthony Burke refusing to honor a subpoena. I've got 404 00:26:12,600 --> 00:26:15,639 Speaker 1: advice for them as a lawyer, not that you need it. 405 00:26:15,680 --> 00:26:20,800 Speaker 1: Because mister Burke is a lawyer. Either HI tell it 406 00:26:20,840 --> 00:26:23,919 Speaker 1: over to grand jury in your own car, or you 407 00:26:24,000 --> 00:26:28,000 Speaker 1: can ride in the back of a sheriff's deputy. Those 408 00:26:28,040 --> 00:26:31,120 Speaker 1: are the choices. Have we missed anything, No, you. 409 00:26:31,119 --> 00:26:34,119 Speaker 2: Got everything, Nancy. The one thing that we talked about 410 00:26:34,160 --> 00:26:38,160 Speaker 2: yesterday was about what we actually saw at the very 411 00:26:38,359 --> 00:26:42,679 Speaker 2: last lines of the documentation yesterday, and that is the 412 00:26:42,800 --> 00:26:47,080 Speaker 2: people of the state of California versus David Anthony Burke. 413 00:26:47,880 --> 00:26:50,840 Speaker 2: That's our bottom line. We actually know that it's not 414 00:26:51,000 --> 00:26:54,240 Speaker 2: just an investigation into the death of Celeste, it actually 415 00:26:54,280 --> 00:26:56,760 Speaker 2: is an investigation of David Anthony Burke. 416 00:26:57,600 --> 00:27:00,639 Speaker 1: If you know or think you know anything about the 417 00:27:00,680 --> 00:27:05,520 Speaker 1: death of this little girl, Celeste Rivas Hernandez, please dial 418 00:27:05,760 --> 00:27:09,160 Speaker 1: two one three four eight six six' eight nine. Zero 419 00:27:10,280 --> 00:27:12,240 Speaker 1: thank you to our guests for being with, us but 420 00:27:12,359 --> 00:27:15,119 Speaker 1: especially to you for joining us in our search for 421 00:27:15,359 --> 00:27:19,480 Speaker 1: justice For. Celeste Nancy gray signing, Off i'll see you tomorrow, 422 00:27:19,600 --> 00:27:27,280 Speaker 1: night and until, then good, night. Friend