Sept. 2, 2026
D4vd Now Has a Public Defender, Bryan Kohberger Wants His Guilty Plea Back and His Judge Off the Case, a Surgeon Gives Up His Jury
The singer D4vd — David Anthony Burke, 21 — dropped his private defense team Monday and will be represented by the Los Angeles County Public Defender's Office, after Judge Charlaine Olmedo determined he qualified for appointed counsel. Blair Berk, Marilyn Bednarski and Regina Peter withdrew without stating a reason; deputy public defenders Walid Kandeel and Lisa Roth took over and entered not-guilty pleas the same morning. Burke is charged with murder with special circumstances, continuous sexual abuse of a child under 14, and unlawful mutilation of human remains in the death of 14-year-old Celeste Rivas Hernandez, whose remains were found in his Tesla in September 2025. He is presumed innocent. His next hearing is October 19; DA Nathan Hochman has not decided whether to seek the death penalty. Also: Bryan Kohberger's new attorney has moved to disqualify Judge Steven Hippler and return his post-conviction case to Latah County, as Kohberger seeks to withdraw the guilty plea he entered to the University of Idaho murders. And in Pinellas County, Florida, Tomasz Kosowski waived his right to a jury for both phases of his capital murder trial and declined to tell the judge why.
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WEBVTT
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Calaroga Shark Media. Good morning. This is Daily Crime and
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Justice from Calaroga Shark Media, powered by AI. I'm Garrett Fisher.
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It's Wednesday, September 2nd, 2026. Quick word on Plymouth before
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anything else. As of the moment we recorded this, the
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jury in the Lindsay Clancy case was still out. They
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finished a fourth day of deliberations without a verdict, and
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they sent no notes on Monday. That case could break
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at any hour, including while you are listening to this.
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And when it does, we will have it in full. Today,
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we are going somewhere else. Because three defendants in three
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states just did something you almost never see. All of them,
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in the space of about a week, tried to change
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the basic rules of their own cases. In Los Angeles,
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a 21-year-old musician who by his own case's evidence has
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earned more than $ 10 million dollars stood in a courtroom
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and asked for a public defender. His high-powered attorneys walked.
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The family of the 14-year-old girl he is charged with
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killing says he is not broke at all. In Boise,
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Brian Koberger, who confessed in open court to murdering four
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University of Idaho students and was sentenced to four consecutive
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life terms, is trying to take it all back. He
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says he is innocent, that his own lawyers misled him,
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and last week his new attorney moved to disqualify the
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judge who sentenced him. And in Pinellas County, Florida, a
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plastic surgeon facing a death penalty prosecution has fired his lawyers,
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withdrawn his own motions, withdrawn all opposition to being executed,
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and on Monday, waived his right to a jury entirely.
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The judge asked him why. He would not say. Let's
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get into it. Celeste Hernandez was 14 years old. She
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lived with her family in Lake Elsinore, California. She has
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been dead since April of last year, and her remains
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were found in September of 2025 inside a Tesla registered
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to an address in the Hollywood Hills. David Anthony Burke
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is 21. He performs under a stage name that is
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stylized with numbers, and he is one of the more
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successful young musicians of the last few years. He has
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pleaded not guilty to murder, to continuous sexual abuse of
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a child under the age of 14, and to unlawful
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mutilation of human remains. In July, a Los Angeles County
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judge ruled there was enough evidence to send him to trial.
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Prosecutors allege he killed Celeste because he feared their relationship
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becoming public would end his career. I am not going
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to walk you through the evidence in this case. Some
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of it has been described in open court, and it
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is available if you want it, and I do not
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think there is a single thing our audience gains from
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hearing me describe what was done to a 14-year-old girl.
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What matters today is what happened Monday. and Monday was
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about money. Burke came into court for what should have
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been a routine pre-trial hearing. His attorneys had a meeting
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with Judge Charlene Almedo in Chambers. And when they came out,
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defense attorney Blair Burke told the courtroom that her client
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wanted a public defender. The judge asked Burke directly if
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that was what he wanted. He said yes. Burke and
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her co-counsel withdrew on the spot. Burke, in an orange
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jumpsuit and shackles, smiled and shook their hands as court adjourned.
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Burke said afterward that the court had granted their request
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to withdraw after it was determined he qualified for appointed
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counsel and that they continued to support him. The Los
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Angeles County Public Defender's Office took the case, and I
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want to give you their statement because it was a
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genuinely graceful thing to say in an ugly moment. They
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said they recognize the loss of life underlying the allegations
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and extend their sympathies to those who are grieving. And
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then they said that David Burke is entitled to a
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defense that takes his circumstances seriously and examines the evidence carefully,
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and that they are committed to providing it. That is
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exactly right, by the way. Every word of it. A
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public defender's office that takes a case like this one
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and says both of those things in the same breath
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is doing the job properly. Now. Here is the part
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that should stop you. Public defenders exist for people who
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cannot afford a lawyer. That is the entire point of
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the institution. It is a constitutional guarantee that your poverty
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does not determine whether you get a defense. And according
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to testimony given in this very case, David Burke has
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earned at least $ 10 million over his career. So the
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court found him indigent, which means either that $ 10 million
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is gone in about 18 months or that it is
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somewhere a court could not find it. Celeste Arivas Hernandez's
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family has an opinion about which one it is. They
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issued a statement saying he is not indigent at all
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and that he has moved his money into various corporations.
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I want to be careful here because that is an
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allegation by a grieving family and not a finding by
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any court. A judge reviewed his financial situation and concluded
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he qualified. That determination was made on evidence I have
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not seen. But look, I'm going to be honest with
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you about why this matters beyond one case. There is
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a version of this that is completely legitimate. Legal defense
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in a capital eligible murder case costs a staggering amount
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of money. Blair Burke is one of the most expensive
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criminal lawyers in Los Angeles. A young man could absolutely
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burn through millions in a year of pretrial litigation and
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be genuinely broke. And there is a version of this
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that is a shell game, where the money sits in
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an LLC and the LLC owns the assets, and the
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man who controls the LLC stands in front of a
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judge and correctly states that he personally has nothing. That
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is not fraud. That is structuring, and people with good
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lawyers do it every day. Accountability doesn't have a legal department.
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But it turns out that indigency sometimes does. And there
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is a real cost when a wealthy defendant qualifies, whether
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legitimately or not. The Los Angeles County Public Defender's Office
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is one of the busiest in the country, and every
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hour its investigators and attorneys spend on this case is
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an hour not spent on somebody who never had $ 10
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million and never will. That office will do this job
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well because that is what they do. But the arithmetic
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is the arithmetic. There is one more wrinkle worth understanding
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because it explains why the withdrawal was so abrupt. Burke's
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now former attorneys had been building a specific defense, and
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you could see it in the preliminary hearing. Prosecutors laid
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out that on the night in question, a rideshare was
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sent to pick Celeste up from her family's home in
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Lake Elsinore and bring her to a residence in the
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Hollywood Hills. and that records show her arriving at 1010
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in the evening, about an hour and 20 minutes before
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Burke's phone and car left that house heading north towards
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Santa Barbara County. The defense answer to that was narrow
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and technical. There is no evidence she ever got out
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of the rideshare vehicle. That is the kind of argument
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that costs a fortune to build. It requires investigators, data experts,
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and attorneys billing at Los Angeles rates for months. Whoever
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is running this defense now inherits that work and inherits
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it on a public defender's caseload. The new team asked
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the judge for more time before entering a plea. He
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said no. So they entered not guilty on all counts
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and got to work the same morning. Here is what
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happens next. District Attorney Nathan Hockman said his office has
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not yet decided whether to seek the death penalty, and
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he said publicly that he is confident the public defender
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will give Burke a zealous defense. which is the correct
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and professional thing for a prosecutor to say. Legal analysts
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in Los Angeles are already speculating that a public defender
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makes a plea deal more likely. I would be cautious
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about that. California has a moratorium on executions and has
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not carried one out in two decades, so the practical
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leverage that normally drives a plea in a case like
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this is not really there. The next hearing is October 19th,
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and at that point, the lawyers will tell the court
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whether they are ready for trial within 90 days. And
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I want to close this segment somewhere other than the money,
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because the money is the news and it is not
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the point. Celeste Rivas Hernandez was 14 years old. She
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was somebody's daughter in Lake Elsinore, and she got into
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a rideshare on an April night and never came home.
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When she was found, it was months later, and it
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was in a vehicle in a tow yard, and nobody
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had been looking in the right place. There is going
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to be an enormous amount of coverage of this case,
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and almost all of it is going to be about
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a famous young man and his career and his money.
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She is the one who is dead. Someone has to
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say her name. When we come back, Brian Koberger confessed
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to four murders in open court, and now he wants
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a do-over. On November 13th, 2022, four students at the
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University of Idaho were stabbed to death in an off-campus
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house on King Road in Moscow. Ethan Chapin was 20.
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Madison Mogan was 21. Zana Kernodle was 20. Kaylee Goncalves
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was 21. In July of 2025, Brian Koberger pleaded guilty.
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Not a no-contest plea. Not an Alford plea where you
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maintain innocence while accepting the conviction. He stood in a
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courtroom and admitted he did it in exchange for the
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state dropping the death penalty. Judge Stephen Hippler sentenced him
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to four consecutive life terms plus 10 years. That was
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supposed to be the end. In July of this year,
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one year after his sentencing, Koberger filed a handwritten petition
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seeking to withdraw that plea and go to trial. His
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position now is that he is innocent and that his
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own attorneys misled him into a false confession. He has
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been appointed a new lawyer, an Idaho attorney named Greg Rauch.
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And last Thursday, Rauch filed two motions that escalate this considerably.
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The first asked that Judge Hipler be disqualified from hearing
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the post-conviction case. The second asked that the proceedings be
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moved out of Ada County and back to Lata County,
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where the students were killed. I want to walk through
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both of those because the reflex is to dismiss this
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as a guilty man wasting everyone's time, and the actual
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legal argument is more interesting than that. Start with the judge.
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At sentencing, Hippler was not restrained, and frankly, there is
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no reason he should have been. He called Koberger a
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faceless coward. He called him the worst of the worst.
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And he asked out loud whether this defendant was even
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capable of speaking the truth. Now, none of that was improper.
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A judge imposing four life sentences for the murders of
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four young people is allowed to say what he thinks.
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But here is Rauch's argument, and it is not stupid.
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The question in a post-conviction proceeding is entirely about credibility.
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Koberger is claiming his lawyers coerced him and that his
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confession was false. The judge deciding that has to weigh
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whether to believe him. And that same judge already said,
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on the record, that he doubts this man is capable
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of telling the truth. The motion puts it this way.
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It does not rest on one adverse ruling or one
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harsh statement, but on the extraordinary convergence of all of them.
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Rauch has also pointed at a specific ruling that Hippler
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declined to give Koberger's original defense team more time when
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they said they had not finished reviewing Discovery weeks before
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a capital trial. which matters because that is the exact
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complaint at the heart of the whole petition, that his
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lawyers were not prepared and pushed him into a plea.
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And the venue piece has an irony you can see
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from space. The reason this case isn't Ada County at
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all is that Koberger's original defense fought hard to get
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it out of Lotta County, arguing the community was too
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small and too saturated with publicity for a fair jury.
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They won. The case moved to Boise. Now his new
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lawyer wants it back in Lata County, arguing the old
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concerns are irrelevant because this is a proceeding decided by
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a judge and not a jury, and that the transfer
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would be more convenient for witnesses and attorneys. It is also,
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as it happens, where Rauch's office is and where the
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Lata County prosecutor sits. There is also a wrinkle in
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what Koberger is asking for that people keep missing. He
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pleaded guilty specifically to take the death penalty off the table.
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Idaho was seeking execution and he traded a confession for
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four life terms. If he succeeds in withdrawing that plea,
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the deal goes with it. He would be back to
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facing a capital trial at his own request. Read that again.
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A man is asking a court for permission to put
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himself back in front of a jury that could sentence
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him to death. Either he believes something about this case
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that nobody else does or somebody has convinced him that
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this is the play. and I genuinely cannot tell you which.
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Prosecutors are not entertaining any of it. Their position is
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that Koberger has not made the substantial factual showing the
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law requires, and that he does not deserve an evidentiary
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hearing at all. They have asked that the whole petition
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be dismissed. Hippler has a status conference on the calendar,
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and the evidentiary hearing, if there is one, is currently
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set for June of 2027. Look, I'm going to give
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you my honest read. Withdrawing a guilty plea after sentencing
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is one of the hardest things to do in American
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criminal law, and it should be. The whole system depends
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on a plea meaning something. When Brian Koberger stood in
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that courtroom, he was asked a long series of questions
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designed for exactly this moment, and he answered them under
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oath with counsel beside him. That colloquy exists so that
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a year later, nobody can say they did not understand.
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And there is a cost to this that has nothing
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to do with law. Four families sat in that courtroom
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