Latest / Crime Stories with Nancy Grace / D4VD Morgue Leak Torpedoes Celeste Probe, Case Dropped?

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D4VD Morgue Leak Torpedoes Celeste Probe, Case Dropped? · Crime Stories with Nancy Grace

0:00
Speaker 1: Crime Stories with Nancy Grace.
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Speaker 2: Bombshell tonight in the case against D four v D
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Speaker 2: aka David Anthony Burke a Morgue leak. That's right, the
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Speaker 2: Medical Examiner's Office leak has torpedoed the case against Burke
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Speaker 2: and the Celeste Rivas homicide probe. Tonight, Will the entire
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Speaker 2: case be dropped because of this good evening? I'm Nancy Grace,
0:37
Speaker 2: this is Crime Stories. I want to thank you for
0:39
Speaker 2: being with us.
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Speaker 3: He has ripped her apart and there she sits in
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Speaker 3: this house.
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Speaker 2: He blames the smell of this child's decomposing body on
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Speaker 2: his bathroom.
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Speaker 3: Hell, yet stains this is human remains that are decomposing,
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Speaker 3: a true child, a human be He had.
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Speaker 4: His beard going in his pants, were you know, kind
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Speaker 4: of he was doing that? Look where his pants were
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Speaker 4: dragging below his bum you could say his orange prison pants.
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Speaker 4: He again just seems way more comfortable in court and
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Speaker 4: in this setting now in his prison outfit.
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Speaker 2: Let me understand, does David Anthony Burt aka D four
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Speaker 2: VD actually show his rear end in court? That's from
1:42
Speaker 2: Delight a True Crime on TikTok with me an all
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Speaker 2: star panel very quickly to that Lauren Collins, joining US
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Speaker 2: investigative reporter LA Magazine Star Pop Crime TV. Lauren, you've
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Speaker 2: been covering this extensively. Did he actually show up to
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Speaker 2: court showing his rear end? Well?
2:03
Speaker 5: Per the LA magazine source inside, she did say David
2:07
Speaker 5: appeared very quote relaxed, Nancy, so you can kind of
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Speaker 5: use your imagination there a bit. But his hair was
2:15
Speaker 5: a bit unkempt, he was shackled, and also our reporter
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Speaker 5: said that Blair Burke appeared to be rubbing his back
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Speaker 5: a bit as they kind of laughed and talked, and
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Speaker 5: he even greeted.
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Speaker 2: I appreciate that, and I'll circle back to that. But
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Speaker 2: my question is does he literally show his in court?
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Speaker 4: He had his beard going in his pants, were you know,
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Speaker 4: kind of he was doing that look where his pants
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Speaker 4: were dragging below his bum, you could say his orange
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Speaker 4: prison pants. He again just seems way more comfortable in
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Speaker 4: court and in this setting now in his prison outfit.
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Speaker 2: Again the like True Crime on TikTok, I've got a
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Speaker 2: lot bigger problems with this case than D four VD.
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Speaker 2: David Anthony Berg literally showing his rear end in court,
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Speaker 2: but very quickly to an esteemed expert trial lawyer Nima Romani,
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Speaker 2: former federal prosecutor turned trial lawyer, former president of the
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Speaker 2: West Coast Trial Lawyers, author of Harvard to hashtag Nima,
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Speaker 2: thank you for being with us tonight. I've got bigger
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Speaker 2: legal issues, very complex legal issues to discuss with you.
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Speaker 2: But really, showing your ass in court? Really, what are
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Speaker 2: the defense lawyers for? For Pete's sake? Can't they say
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Speaker 2: pull up your pants, idiot?
3:39
Speaker 6: Well they should because your parents in court matters a lot.
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Speaker 6: So I think this is probably going to be the
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Speaker 6: end of it, Nancy. I think David's going to have
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Speaker 6: to understand that if you're going to appare in court,
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Speaker 6: everything matters. There's a reason everyone from Luigi Mangoni to
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Speaker 6: Sean Diddy Combs they wear the same, those sweater vests,
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Speaker 6: those neutral cutters. You don't want to be showing your
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Speaker 6: rear in court for the jurors. It's disrespectful of the
4:01
Speaker 6: court in a surefire way to get yourself convicted pretty quickly.
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Speaker 2: Let me see Nima RMANI please, Nima, we have a
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Speaker 2: very serious and complex legal issue that has just reared
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Speaker 2: its ugly head for the state. Bombshell tonight torpedo directly
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Speaker 2: into the state's homicide case. And who's going to suffer
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Speaker 2: for this? Celeste, fourteen year old Celeste found decomposing in
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Speaker 2: the trunk of D four VD David Anthony Burks Tesla. Okay,
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Speaker 2: her her, here's the problem. In the last days, we
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Speaker 2: now learn why the LAPD insisted the Morgue be slapped
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Speaker 2: with a gag order. A gag order on the Morgan.
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Speaker 2: I gotta tell you, Nima, I have deep respect for
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Speaker 2: the Medical Examiner's office. They are some of the best
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Speaker 2: witnesses ever. Jury's love a medical doctor on the stand.
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Speaker 2: They know what they're talking about. And when you get
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Speaker 2: the chief of the eme's office up there on the stand,
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Speaker 2: the prosecutor can just sit down and twiddle their thumbs
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Speaker 2: because they will run with the ball. They're brilliant. I
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Speaker 2: think we can all agree with that. So I naturally
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Speaker 2: sided with the Morgue with the mme's office when I
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Speaker 2: heard LAPD wants to slap them with a gag order.
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Speaker 2: And now we know why, hold Nima. For those of
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Speaker 2: you that don't know what's happening, the giant stink bomb
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Speaker 2: in the courtroom out to Dave Matt Crime Stori's investigative reporter,
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Speaker 2: Dave A.
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Speaker 7: Morgue leak what As we were covering this story in
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Speaker 7: the beginning, there was certain information that was coming out
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Speaker 7: that was very specific about the condition of celestrevas remains,
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Speaker 7: and talking on and off the air, we were wondering,
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Speaker 7: where is this information coming from. They're not releasing official information,
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Speaker 7: so it has to be somebody is making it up
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Speaker 7: or somebody's leaking it.
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Speaker 1: And now we've.
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Speaker 7: Got official notification that employees of the office are now
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Speaker 7: going to be required. We're talking twelve different employees Nancy
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Speaker 7: being required to sit for recorded interviews as the department
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Speaker 7: investigates itself to determine who in this office is and
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Speaker 7: was leaking information about this fourteen year old child and
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Speaker 7: her remains to somebody in the public.
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Speaker 2: Okay, you know, think back, think back. Nima Ramani one
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Speaker 2: of the best in the business. By the way, remember
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Speaker 2: at the beginning, we kept getting information that all these
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Speaker 2: horrible things had been done to her body. You know,
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Speaker 2: I'm talking about rendering, disarticulating a kiddy pool in the
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Speaker 2: garage used for that very purpose. It was horrific. And
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Speaker 2: then we were told, well that's not true. That didn't happen.
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Speaker 2: She was not rendered, she was not disarticulated. That's all
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Speaker 2: a lie. Okay, So there was a lot of confusion.
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Speaker 2: Now we know what was happening. According to reports, the
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Speaker 2: Medical Examiner's Office was leaking information, and then the LAPD
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Speaker 2: was quickly saying that's not true, that's not true. It's
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Speaker 2: all true according to the state. Here's the problem. This
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Speaker 2: is not for prurient interest to read in the National
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Speaker 2: Inquirer or or in a tabloid. This is a murder
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Speaker 2: case of a young girl. The Medical Examiner's Office equals
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Speaker 2: the state, and when the state is proven to have
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Speaker 2: done prejudicial wrongdoing to the defendant, the whole case conceivably
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Speaker 2: can be dropped.
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Speaker 6: Nima Nancy. It's a huge problem. And Blair Birk and
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Speaker 6: the defense are going to take this and they're going
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Speaker 6: to run with it. And it's not only a problem
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Speaker 6: from a leak or discovery perspective, it's a violation of
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Speaker 6: a court order. So months and months ago, LAPD went
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Speaker 6: to the judge to get an order, a non dissemination order,
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Speaker 6: so that members of the media they couldn't get this
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Speaker 6: report subject to a Public Records Act request and the
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Speaker 6: judge sided with LAPD and said that this report should
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Speaker 6: not be made public. So, now, if you have members
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Speaker 6: of the government, and even though it's not the prosecution,
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Speaker 6: the prosecution is responsible for these employees disseminating information unlawfully
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Speaker 6: in violation of a court order to the media and
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Speaker 6: other members of the public. Believe me, the defense is
8:45
Speaker 6: going to have a field date with this. They're going
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Speaker 6: to file an outrageous government conduct motion. They're going to
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Speaker 6: do everything they can to get this case dismissed. There
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Speaker 6: can be terminating sanctions, they can be other types of
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Speaker 6: sanctions for the DA's office. Now, all of a sudden,
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Speaker 6: instead of being on offense, they're in a defensive position
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Speaker 6: having to explain all of this in open court.
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Speaker 2: Nima, I'm want to tell you a true story. Okay,
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Speaker 2: I was working on a death penalty case and suddenly
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Speaker 2: I got subpoena to testify in court. Okay, it hadn't
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Speaker 2: gone a trial, obviously, I was stunned. Why would the
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Speaker 2: prosecutor get subpoena? But of course I showed up. I
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Speaker 2: had no files with me, nothing, I just went god
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Speaker 2: and see and the entire defense fleet was there, and
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Speaker 2: the judge was looking at me accusing them. I'm like what,
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Speaker 2: And they said, have you withheld evidence? And I said no.
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Speaker 2: I handed over my entire file everything I had, which
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Speaker 2: of course you need to do in a death penalty
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Speaker 2: case because if you do get a conviction, there's going
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Speaker 2: to be all sorts of appeals. Well, then they handed
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Speaker 2: me some papers I had never seen before. And I've
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Speaker 2: never seen these. Where did they come from? They came
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Speaker 2: out of the homicide file down at APD Homicide. They
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Speaker 2: had unwittingly left out about twenty thirty pages in what
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Speaker 2: they gave me. So when I handed over the whole file,
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Speaker 2: I didn't have those thirty pages. Well, we immediately handed
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Speaker 2: it over and there was, you know, well over a year.
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Speaker 2: I had already left the office in Gone Too Court
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Speaker 2: TV before the case went to trial, so they have
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Speaker 2: plenty of time to digest those thirty or so pages.
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Speaker 2: The point is, even though the investigator truly inadvertently, because
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Speaker 2: the papers really were not that probative, inadvertently left out
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Speaker 2: those pages, it was still my fault. See, and even
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Speaker 2: though the medical Examiner's office leaked, and that's horrific, that's deadly,
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Speaker 2: it's still the prosecutor's fault eir go. Therefore, prosecution misconduct
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Speaker 2: cases can be dropped for that NEMA dropped, never to
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Speaker 2: be brought back again. It is dropped with prejudice. Now, please,
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Speaker 2: regular people talk, explain what I'm talking about with prejudice.
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Speaker 6: With prejudice means that it can't be refiled. And Nancy,
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Speaker 6: this happens all the time. It's not just you as prosecutors.
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Speaker 6: We are responsible for the government's conduct. And there was
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Speaker 6: a huge case recently where this was a big issue,
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Speaker 6: Louri Valo Dabel in Idaho because of some discovery violations.
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Speaker 6: Guess what. The judge struck the death penalty in that case,
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Speaker 6: Chad Dabel. He's on death row. Louri Valo is going
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Speaker 6: to spend the rest of her life in prison because
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Speaker 6: of some discovery violations there in Idaho. So this is
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Speaker 6: a huge deal. And when you have good defense attorneys,
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Speaker 6: they're gonna use every advantage that they can. So if
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Speaker 6: there was a violation here, and I'm saying if, then
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Speaker 6: the DA's office is going to be in a world
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Speaker 6: of word. Obviously, look, not a death penalty case, but
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Speaker 6: that doesn't mean that this case can't be dismissed. There
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Speaker 6: can't be all sorts of other sanctions here. Like you said,
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Speaker 6: the prosecution is always responsible for the conduct of government employees,
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Speaker 6: so they're the ones that are going to be paying
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Speaker 6: the price. And of course it all comes down to
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Speaker 6: Celestevas and her family. I hope they're not the ones
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Speaker 6: who suffer because of some misconduct of some government employees.
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Speaker 1: Crime stories with Nancy Grace.
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Speaker 2: Joining us now and I met him when he was
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Speaker 2: at the Folding County Medical Examiner's office, which has a
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Speaker 2: huge crush of a case load with me for now.
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Speaker 2: Forensic expert Joseph Scott Morgan, Professor Forensics, Jacksonville State University.
12:45
Speaker 2: He's the author of Blood Beneath My Feet on Amazon.
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Speaker 2: He is the star of hit podcast Body Bags with
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Speaker 2: Joseph Scott Morgan. But for our purposes, Joe Scott is
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Speaker 2: a death investigator with over ten thousand investigations under his belt.
13:03
Speaker 2: I don't know how to explain the reverberations that will
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Speaker 2: occur because of the medical Examiner's legal term. You may
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Speaker 2: not be familiar with this f up. It's worse than
13:15
Speaker 2: an ef up because an ef P suggests ooh, I
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Speaker 2: screwed up. Sorry, No, this was an intentional leak providing lurid,
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Speaker 2: upsetting information about a little girl's rendering of her body,
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Speaker 2: the disarticulation of her body in a kiddie pool. A
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Speaker 2: leak of that volatile, incendiary upsetting information for what That
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Speaker 2: leads me to the specter. Did they get paid for
13:51
Speaker 2: the leak? Are they like the anonymous tipsters to the
13:54
Speaker 2: Daily Mail? I mean people get paid for information. Hey guys,
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Speaker 2: right here, look at this thank you control room. Here's
14:02
Speaker 2: shots from our friends at TMZ. That is the garage
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Speaker 2: where we believe the kiddie pool was placed for the
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Speaker 2: rendering of Celeste. And I'm putting it as euphemistically as
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Speaker 2: I possibly can right there in his home. So thank
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Speaker 2: you TMZ for that. But think about it, Where does
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Speaker 2: this go? What if they were paid for the information
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Speaker 2: to leak those very sensitive documents. Joe Scott, you worked
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Speaker 2: in the medical Examiner's office. It could be anybody. It
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Speaker 2: could be one of the doctors. It could be an assistant,
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Speaker 2: It could be a secretary, It could be cleaning lady.
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Speaker 2: It could be an intern that quickly xerox defial zone
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Speaker 2: or emailed them to someone. This is going to be
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Speaker 2: a full blown thing.
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Speaker 3: Yeah, it is. And one of the things that I'm hearing, Nancy,
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Speaker 3: is that they use the term plural investigators, which they
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Speaker 3: have a huge staff of investigators at the m's office
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Speaker 3: Emmy Slash Corner in LA and also other personnel. So
15:04
Speaker 3: you've got a huge, huge section of individuals that have
15:10
Speaker 3: Nancy nothing to do with this case that are looking
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Speaker 3: through these files and Lord only knows what happened to
15:19
Speaker 3: them and where their photocopies made, where there are actual
15:23
Speaker 3: snaps of individual images that people were taking with their phones.
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Speaker 3: Is this stuff been disseminated, Because when you're working with
15:31
Speaker 3: a medical examiner, Nancy, there will be one investigator assigned
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Speaker 3: to this case from the NEO, okay, and that is
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Speaker 3: the only person along with along with the pathologists that
15:42
Speaker 3: is working the case, the forensic pathologists that did the examination,
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Speaker 3: those are the only people that really need to know
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Speaker 3: at this point in time. This is like a sacred
15:52
Speaker 3: trust within our community. And what's so very disturbing about this, Nancy,
15:58
Speaker 3: and this goes beyond this case right now. Right now,
16:02
Speaker 3: the trust has been so eroded between LAPD and between
16:09
Speaker 3: the MOO that this is one of these things that
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Speaker 3: it will take forever to repair, not to mention all
16:16
Speaker 3: of the criminal and civil repercussions, because Nancy, this is
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Speaker 3: what it comes down to. This child. This child, as
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Speaker 3: if the family hasn't had enough on them, is now
16:28
Speaker 3: being drugged before people putting eyes on this case that
16:32
Speaker 3: have no business in it, and they are seeing this
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Speaker 3: over and over again. It becomes a side show. And
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Speaker 3: that's something that we take very very seriously.
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Speaker 2: Well, I got to tell you something, Nima Romani. If
16:44
Speaker 2: I were the prosecutor in this case, it would be
16:47
Speaker 2: like my hair was on fire getting into that medical
16:51
Speaker 2: examiner and finding out what happened. Because they are this
16:54
Speaker 2: close to getting the case thrown out because of miss
17:00
Speaker 2: conduct for which somebody may have been paid, no question.
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Speaker 6: So obviously there's going to be an investigation here. Now.
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Speaker 6: I wouldn't be surprised if there's criminal charges, because that's
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Speaker 6: how serious this is. But even shorter misconduct, I mean,
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Speaker 6: this is fodder for cross examination. When the Emmy takes
17:18
Speaker 6: a stand. This will probably be discussed. When we're talking
17:22
Speaker 6: about jury selection. You're talking about prejudicial information, information that
17:25
Speaker 6: might not be admissible, that's already been leaked so this
17:29
Speaker 6: affects waw Deer as well.
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Speaker 2: Name I look at your screen, Look at her, look
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Speaker 2: at her. She is a little girl. She is dead.
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Speaker 2: She has had her body rendered down left in two
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Speaker 2: plastic bags and the fronk the front trunk a D
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Speaker 2: four VD, David Anthony's burt tesla, and her body rotted.
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Speaker 2: There's no nice way to say it. That is what
18:00
Speaker 2: is at stake. You mentioned cross exam. Okay, that's a
18:05
Speaker 2: potential remedy for what has happened. But I've made out
18:08
Speaker 2: a list of what I think are possible remedies. Number One,
18:12
Speaker 2: change a venue. They may want to change a venue
18:16
Speaker 2: so people that have heard about this won't be on
18:18
Speaker 2: the jury. But wouldn't you agree that's going to be
18:21
Speaker 2: a bad move for D four VD. They don't want
18:23
Speaker 2: to change a venue. They're in one of the most
18:26
Speaker 2: lenient jurisdictions in California. You get a change of venue
18:29
Speaker 2: and you hike up to northern California, you will get
18:33
Speaker 2: convicted up there. Yeah, forget it. I doubt they want
18:36
Speaker 2: to change a venue. They could try to get the
18:38
Speaker 2: prosecution thrown off. Won't work. They may try to get
18:42
Speaker 2: the Medical Examiner's office recused unlikely because they're the ones
18:46
Speaker 2: that did the autopsy. The medical examiner is going to
18:49
Speaker 2: be reprimanded. That for sure. There will be a Seerian
18:53
Speaker 2: cross examination. That's a given. Here's a concern. Remember what
18:58
Speaker 2: happened in OJ. Simpson, right, Furman and others on the
19:03
Speaker 2: force made the jury so upset about their personal behavior
19:09
Speaker 2: that it ended in a jury nullification. And we've seen
19:13
Speaker 2: it many, many times. The jury says, you know what,
19:16
Speaker 2: he probably did it, but screw it. The state was horrible.
19:19
Speaker 2: We're not convicting. It's a punishment for the state. Of course,
19:23
Speaker 2: you could ask each individual juror on voysire do they
19:28
Speaker 2: know about this? And if they say no, and they
19:30
Speaker 2: can keep an open mind, the case moves forward. What
19:33
Speaker 2: do you think is going to happen.
19:34
Speaker 6: I think they're going to try all those things. Accept
19:36
Speaker 6: the change of venue, like you said, and La County
19:40
Speaker 6: is by far and away one of the best venues
19:43
Speaker 6: for defense lawyers. And like you said, the defense is
19:46
Speaker 6: going to put law enforcement on trial. This is defense
19:48
Speaker 6: lawyering one on one. It started from the OJ case.
19:51
Speaker 6: But there are a lot of people here in La
19:52
Speaker 6: County where I'm sitting that don't trust law enforcement, don't
19:55
Speaker 6: trust our government, and this is going to feed into that.
19:57
Speaker 6: But disqualification motion for the Das Office. Absolutely. We saw
20:02
Speaker 6: this in the Tyler Robinson Kids for Charlie Kirk. This
20:04
Speaker 6: is something the defense is going to do. Try to
20:06
Speaker 6: get the whole prosecution team kicked off and again bring
20:10
Speaker 6: this in every possible stage of the case. They can
20:14
Speaker 6: jury selection ask the potential jurors have you heard about
20:17
Speaker 6: this league? Do you have any views about the La
20:19
Speaker 6: County Emmy and the misconduct allegations here that are going
20:22
Speaker 6: to affect your ability?
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Speaker 2: And they have a complete right to do that. Dear
20:27
Speaker 2: questioning wa Dyer French for to speak the truth. It's
20:30
Speaker 2: known to us as jury selection. You know, I got
20:33
Speaker 2: another question to doctor Bethany Marshall joining us renowned psychoanalysts.
20:36
Speaker 2: She's the author of deal Breaker. She of course has
20:40
Speaker 2: her own psychoanalysis client hile she has a full on practice.
20:45
Speaker 2: You can see her not only on Peacock, you can
20:48
Speaker 2: see her on Hulu, you can see her on Bravo,
20:52
Speaker 2: you can see her on Netflix. Now she's the star
20:55
Speaker 2: of a new podcast On the Couch with doctor Bethany Marshall. Okay,
20:58
Speaker 2: all that said, doctor Bethy, Why why would you leak
21:05
Speaker 2: sensitive information? Is so clandestine setting it up, providing the information?
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Speaker 8: Why, you know, Nancy, this is their job. They see
21:16
Speaker 8: bodies on a daily basis, and yet they go home
21:19
Speaker 8: and brag to their family and friends. They call TMZ.
21:22
Speaker 8: Whatever they did. This reminds me of your friend Joan Rivers.
21:25
Speaker 8: Right when there was the wrongful death lawsuit. What came
21:28
Speaker 8: out is that her E and T took selfies of
21:31
Speaker 8: her while she was under anesthesia, and the wish for
21:37
Speaker 8: the notoriety to gossip took precedence over ethics and there
21:44
Speaker 8: are just such wide spread ramifications for this. Unfortunately, that
21:49
Speaker 8: not the least of which is that her family now
21:52
Speaker 8: knows about the disarticulating the rendering, what happened in that garage,
21:58
Speaker 8: So it's trauma upon trauma for them. You know, Nowncie,
22:01
Speaker 8: I have to go back to something. If his ac
22:04
Speaker 8: was showing in court, if he is sending the message
22:08
Speaker 8: kiss my to the judge, how did he treat an
22:12
Speaker 8: eleven year old little girl, What kind of power did
22:15
Speaker 8: he have over her? And what did the MEC when
22:19
Speaker 8: they were investigating this, What did get leaked it probably
22:23
Speaker 8: is a lot worse than we even know.
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Speaker 2: Dan Murphy joining US, former NYPD detective, sergeant, Joint Terrorism
22:32
Speaker 2: Task Force, former chief security officer, and co star of
22:37
Speaker 2: gold Shields podcast, author of a Workplace Safety so much more, Dan,
22:43
Speaker 2: how deflating is it that you work your rear in
22:49
Speaker 2: off literally blood, sweat and tears to create a case.
22:53
Speaker 2: Because when they got this case, all they had was
22:55
Speaker 2: a decomposing body in a trunk. That's it. You bill
23:00
Speaker 2: the case like the LAPD did, and then the whole
23:03
Speaker 2: case can be thrown out because of someone leaking information
23:08
Speaker 2: out of all places, the Medical Examiner's.
23:11
Speaker 3: Office, disgraceful.
23:14
Speaker 9: LAPD robbery homicide has a great reputation that's been hard
23:18
Speaker 9: earned by doing some incredible work over the years. Anybody
23:21
Speaker 9: around the country who works as detective knows about them
23:23
Speaker 9: and knows about their professionalism. They put their heart and soul.
23:27
Speaker 9: I can guarantee those detectives focused on nothing but this case.
23:31
Speaker 9: From the minute they found that little girl in the car.
23:33
Speaker 9: They built a great case. They followed all the bread
23:36
Speaker 9: crumbs of evidence. They didn't just say he had to
23:39
Speaker 9: have done it. They are proving it. Their evidence is
23:42
Speaker 9: substantial significant, and they should be proud of it. And
23:45
Speaker 9: they're going into court prepared to testify to what they
23:48
Speaker 9: have learned and convince a jury, and they feel good
23:51
Speaker 9: about that, and then this happens. I would be furious.
23:56
Speaker 9: I would be beyond livid, And as you mentioned earlier,
23:59
Speaker 9: it would are my relationship with the M's office for
24:02
Speaker 9: the rest of my career. You cannot trust them, you
24:05
Speaker 9: cannot work with them.
24:06
Speaker 3: It's that simple.
24:08
Speaker 2: It's horrible because they're one of the most respective arms
24:12
Speaker 2: of the state. Back to investigative reporter who is publishing
24:17
Speaker 2: one article after the next regarding D four VD David
24:21
Speaker 2: Anthony Berg in the LA magazine. She is the star
24:24
Speaker 2: of Pop Crime TV. Lauren Conlin has been on this
24:28
Speaker 2: case from the very beginning. Lauren, we just came out
24:33
Speaker 2: of court.
24:34
Speaker 5: What happened, Yes, Nancy, So everything, finally, after many many delays,
24:40
Speaker 5: is ready to go for July twenty. First, we are
24:43
Speaker 5: going to begin what they believe is a five day
24:46
Speaker 5: preliminary hearing where the prosecution is going to present all
24:50
Speaker 5: of the evidence that they deem relevant to get this
24:54
Speaker 5: piece to the point where David can stand trial for murder. Now,
24:58
Speaker 5: the other thing I noticed is that blair Burke was
25:03
Speaker 5: very very adamant about not having David shackled during these proceedings,
25:08
Speaker 5: and the judge did not make a decision at the bench.
25:11
Speaker 5: She just pulled blair Birk to file emotion about it.
25:14
Speaker 2: Lauren Colin, You're right. Everybody's just getting out of that
25:19
Speaker 2: California courtroom where it was determined this case is going forward.
25:24
Speaker 2: No more weighty Katie, no whining, no complaining. Both sides
25:28
Speaker 2: claim we're ready to go forward with the preliminary hearing
25:32
Speaker 2: and that time evidence will be revealed. It has to
25:35
Speaker 2: be by the state. But you brought up correctly again
25:39
Speaker 2: Lauren Colin, somebody was whining.
25:43
Speaker 4: The defense brought up a shackling issue that they wanted
25:48
Speaker 4: to talk about when it came to David and the.
25:53
Speaker 2: Guards.
25:54
Speaker 4: So basically the judge, you know, there was an emotion
25:58
Speaker 4: brought up or ready, so the judge said to bring
26:00
Speaker 4: up the motion and she will address it. My assumption
26:04
Speaker 4: is they may want to maybe limit some of the
26:07
Speaker 4: shackling that he has, maybe when he comes in or something.
26:12
Speaker 2: Okay, that's from our new friend at Delight True Crime
26:16
Speaker 2: on TikTok. Just Scott Morgan before I go to Nina
26:19
Speaker 2: Romani on this legal issue. D four VD aka David
26:25
Speaker 2: Anthony Burke is in court whining that he shackled number one,
26:31
Speaker 2: there's not a jury. You can't have somebody shackled in
26:34
Speaker 2: front of a jury. Constitution. Could you just give us
26:38
Speaker 2: a little reality check in regular people talk. Okay, no
26:43
Speaker 2: big medical examiner words. Please gotcha? Yeah, what happened to
26:49
Speaker 2: little Celeste age fourteen? What happened? And he's whining about shackles.
26:55
Speaker 2: Go ahead.
26:56
Speaker 3: She has a sharp force injury on the right aspect
27:00
Speaker 3: of her ribs, okay, and it passes through there, doesn't
27:04
Speaker 3: touch the lung. It just goes over the top of
27:06
Speaker 3: that rib. However, if we go to the right side,
27:10
Speaker 3: and all of our friends out there, if you will
27:12
Speaker 3: take your right hand, your fingertips and find the base
27:15
Speaker 3: of your ribs on the right hand side, Okay, that's
27:18
Speaker 3: where your liver is. This sharp force injury passed into
27:23
Speaker 3: the liver. And a lot of people think that if
27:26
Speaker 3: you sustain an injury to the liver that perhaps you
27:29
Speaker 3: would die suddenly. Nancy, this was a long and languishing death.
27:36
Speaker 3: I've worked multiple cases involving trauma to the liver. It's
27:40
Speaker 3: a slow bleed. I find that very interesting, considering some
27:44
Speaker 3: of the language we've heard in the past about this case.
27:47
Speaker 3: To watch her bleed out and this would have not
27:50
Speaker 3: been immediate. Okay. Then after that, then after that, he
27:55
Speaker 3: disrespects her remains after she is dead and begins to
28:00
Speaker 3: render them down. How does he do that, Well, we've
28:03
Speaker 3: heard the term saw chainsaw, We've heard all of these
28:06
Speaker 3: different things. And then if that's not bad enough, Nancy,
28:11
Speaker 3: he takes her body and allegedly and places it into
28:17
Speaker 3: this trunk of this vehicle, drives it around, and Nancy,
28:22
Speaker 3: what we have heard is that they have used the
28:25
Speaker 3: term they've used the term liquefied. So she's been in
28:32
Speaker 3: this vehicle her remains until literally all of the soft
28:37
Speaker 3: tissue has liquefied to the point where it's she's the
28:42
Speaker 3: remains that are still intact. She's floating. She's actually floating
28:47
Speaker 3: in her own liquefied tissue. So that's how horrific this is.
28:52
Speaker 3: That's what he did. I don't give a damn about
28:54
Speaker 3: your shackles.
28:56
Speaker 2: I don't think I could put it any better from
29:00
Speaker 2: our friends. In parts eleven.
29:06
Speaker 1: Crime Stories with Nancy Grace.
29:12
Speaker 2: Nimo Romani. Jumping from Joe Scott's accurate and heartfelt explanation,
29:20
Speaker 2: what is the law on whether a defendant can be shackled?
29:24
Speaker 2: Where prison attire you name it? In a court room?
29:30
Speaker 6: So a criminal offendant can be shackled, certainly, and can
29:34
Speaker 6: wear prison attire, but generally speaking, when a jury is present,
29:39
Speaker 6: they are going to be allowed to wear civilian clothes.
29:42
Speaker 6: It's just too prejudicial when it comes to the shackles.
29:46
Speaker 6: Generally speaking, again it's up to the judge. When a
29:49
Speaker 6: jury is present, they will not be shackled. It is
29:51
Speaker 6: too prejudicial. And of course here in LA we have
29:53
Speaker 6: cameras in the courtroom. Those camera men and women, they
29:57
Speaker 6: are instructed to film a criminal defendant shackle So oftentimes
30:03
Speaker 6: you won't see them coming into the courtroom because they
30:05
Speaker 6: will be shackled, those shackles will be undone. You'll see
30:09
Speaker 6: La County sheriffs behind the defendant. And only when the
30:12
Speaker 6: shackles are undone will that defendant be allowed to be recorded.
30:16
Speaker 6: Because again we're talking about appellate issues, prejudice to the
30:21
Speaker 6: potential jurors, and this is why the defense.
30:23
Speaker 2: Is play stop place place play stop are you looking
30:26
Speaker 2: at your monitor? Can I see that?
30:29
Speaker 6: Yes?
30:29
Speaker 2: Oh? Talk about worried about how he looks. Here's a
30:33
Speaker 2: guy quote dating a little girl he quote met at
30:37
Speaker 2: age eleven wearing I love boobs. Let me see, Nima Romani.
30:44
Speaker 2: So this little girl is ordered up like a pizza
30:48
Speaker 2: by him on an uber to his house. It's just
30:52
Speaker 2: like ordering Chinese food. She comes over. I love boobs. Really,
31:00
Speaker 2: and now he's worried about how he looks his clothing.
31:04
Speaker 2: He must not be that worried. He's showing he's a
31:07
Speaker 2: SS in court where his pants pulled down in the bat.
31:11
Speaker 2: But yet they're whining that his shackles a is bad.
31:14
Speaker 2: That's a bad look. Really, do you not see the
31:18
Speaker 2: irony here? Can I spay clearly for you? NeiMa?
31:23
Speaker 6: I do, Nancy. But these are criminal defense lawyers and
31:26
Speaker 6: they're gonna push every advantage they have, and one of
31:28
Speaker 6: them is pre trial publicity. That's why this emy leak
31:32
Speaker 6: is a big deal. That's why being filmed in prison,
31:36
Speaker 6: guarb and shackles is a big deal. And that's why
31:39
Speaker 6: judges do everything they can to protect their rights.
31:43
Speaker 2: She's rubbing oil on him. Oh my goodness, he's got
31:47
Speaker 2: somebody to rub oil on you know what? Okay, just okay,
31:52
Speaker 2: Lauren Colin. The case is going forward. The defense claims
31:56
Speaker 2: they're ready with much of bravado. Then they give a
31:59
Speaker 2: little well they say something about but we haven't gotten
32:03
Speaker 2: all the discovery yet. There you go, there's an opening
32:06
Speaker 2: for them right there. Come show time, go time. They're
32:10
Speaker 2: going to say we didn't get all the discovery. They
32:13
Speaker 2: want to appear as if they're ready to go forward,
32:15
Speaker 2: but they're giving themselves an out. Did you hear that?
32:20
Speaker 5: Yes, I mean I definitely think if you listen sort
32:23
Speaker 5: of between the lines, you can pick that up. However,
32:26
Speaker 5: the prosecution stated at the status conference that the defense
32:31
Speaker 5: has everything relevant as to what they would need to
32:34
Speaker 5: make this into a case so they could defend it.
32:37
Speaker 5: They said everything that they need digitally, even all of
32:41
Speaker 5: the written police and detective reports. So I have no
32:44
Speaker 5: doubt here, Nancy, that they are ready to go. They
32:47
Speaker 5: cannot delay this any longer.
32:50
Speaker 2: Okay, we'll see what happens. And in the last days,
32:53
Speaker 2: new video has emerged of David Anthony Burke apparently driving
33:03
Speaker 2: home quote straight up after killing someone who's videoing himself.
33:09
Speaker 10: POV that drive home after straight up killing someone, and
33:12
Speaker 10: as you can see, David reposted it, but shortly after
33:15
Speaker 10: she was actually found he went and unreposted it. And
33:18
Speaker 10: I mean, who is this target audience even for for
33:21
Speaker 10: the original post and the fact that he reposted it
33:24
Speaker 10: and then what he's being accused of doing is just crazy.
33:28
Speaker 2: That from nehimiwham nine q on TikTok okay, Dave Matt
33:33
Speaker 2: what are they talking about?
33:35
Speaker 6: Nancy?
33:36
Speaker 7: What they're actually dealing with here is not a video
33:41
Speaker 7: created by d four VD, but it is a repost,
33:47
Speaker 7: meaning he saw this and he thought it was really
33:50
Speaker 7: great and so he reposted it, which I mean, think
33:55
Speaker 7: about the deliberate nature of that of seeing something somebody
33:59
Speaker 7: else has done and he going, I identify with that,
34:01
Speaker 7: I need to share this with all my peeps, which.
34:04
Speaker 3: Is exactly what he did.
34:06
Speaker 7: And I would imagine at some point one of his
34:09
Speaker 7: inner circleing, hey, dude, probably not a good look for you,
34:13
Speaker 7: you know, pull that down, which Burt did, but he
34:17
Speaker 7: reposted it. It's just in thin, I mean, capable of
34:22
Speaker 7: understanding what's going through a man's head that thinks it's
34:25
Speaker 7: okay to do this at any level. But he did it,
34:28
Speaker 7: and then, like everything on the internet, it stays forever.
34:31
Speaker 6: Nancy.
34:32
Speaker 2: Okay, let me understand. Am I seeing Matthew McConaughey. I'm
34:36
Speaker 2: sure he's so happy that he has been made a
34:38
Speaker 2: part of this part of the D four VD David
34:40
Speaker 2: Anthony Burg murder case. So let me see it again.
34:44
Speaker 2: So the night we believe Celeste is killed, fourteen year
34:53
Speaker 2: old Celeste, his mind is way past that. According to
34:59
Speaker 2: the State, he is dve FORBD is identifying with Matthew McConaughey,
35:04
Speaker 2: the guy who's worked his rear Randolph to be a
35:07
Speaker 2: Hollywood star, and he is identifying with McConaughey driving a
35:12
Speaker 2: luxury car. Okay, fine, But the point is this is
35:16
Speaker 2: right after, according to the State, hours after Celesti has
35:20
Speaker 2: been killed. What is this telling you? Help me, Bethany, Nancy.
35:24
Speaker 8: This is glorification and the death of another person. This
35:29
Speaker 8: is triumphing over the love object, triumphing over the victim.
35:33
Speaker 8: This is total disdain and disrespect towards her, just like
35:37
Speaker 8: he showed towards the judge in court today. And what
35:40
Speaker 8: I would be interested in is his digital footprint in
35:44
Speaker 8: terms of how he represented Celeste to his fans did
35:49
Speaker 8: he put her down, did he degrade her, did he
35:52
Speaker 8: beat her? But how did he represent her to the public.
35:55
Speaker 8: It seems like she was somebody that he routinely degraded
36:00
Speaker 8: in multiple, multiple ways, and this is the ultimate degradation,
36:04
Speaker 8: is to show that he just doesn't really care after
36:07
Speaker 8: her death, he just doesn't care. In fact, what we
36:10
Speaker 8: do know about domestic homicide is often after a victim
36:14
Speaker 8: is killed, the perpetrator feels a great sense of relief.
36:19
Speaker 8: And I think that's going to be a part of
36:20
Speaker 8: the court case is what happened in the hours after
36:23
Speaker 8: her death, and how relieved and glorified and delighted he
36:26
Speaker 8: was that she was no longer around so he could
36:29
Speaker 8: continue with his career.
36:32
Speaker 2: I mean, help me out. Dan Murphy, former Detective Sergeant NYPD,
36:40
Speaker 2: according to the state D four VD, has just killed
36:46
Speaker 2: Celeste and he's posting luxury car videos. I mean he's
36:55
Speaker 2: barely according to this day, barely wiped the blood off
36:58
Speaker 2: his hands. He's gone to a pr event. Now he's
37:01
Speaker 2: posting online. Then he gets the sense to unpost it
37:05
Speaker 2: and then later reposts it.
37:10
Speaker 9: This is not a criminal mastermind. This is somebody who
37:14
Speaker 9: is so wrapped up and self absorbed in themselves that
37:17
Speaker 9: everything revolves around them. And she was just as you
37:22
Speaker 9: alluded to before. She was just something in his life
37:26
Speaker 9: that was expendable, and when she became problematic, she had
37:30
Speaker 9: to go. He is so wrapped up in his image.
37:35
Speaker 9: You mentioned earlier about wearing the orange suit prison jumpsuit
37:40
Speaker 9: down below his ass as you say, that's a prison
37:46
Speaker 9: yard thing, but it's worked its way onto the street
37:48
Speaker 9: to become part of the street culture. Him doing that,
37:51
Speaker 9: in my opinion, is his way of saying to anybody
37:55
Speaker 9: he's going to be in prison with, because he knows
37:56
Speaker 9: he's going to be in prison, I'm like you, stret
38:00
Speaker 9: I'm a tough guy, I'm a rapper, I'm this, I'm
38:03
Speaker 9: not I'm not some soft spoiled thing.
38:06
Speaker 2: I'm willing my stars, Dan Murphy, this defendant was born
38:12
Speaker 2: with a silver spoon in his mouth. He is not
38:14
Speaker 2: gaining street cred to me by literally showing his ass
38:20
Speaker 2: in court. That said, the plot thickens, the deception intensifies.
38:30
Speaker 2: I want you to see something that we've just found.
38:35
Speaker 2: This is Deforvid with Celeste in the back of an uber.
38:39
Speaker 2: Watch keep looking, keep watching. Watch Celeste once again, she's
38:51
Speaker 2: covering her face. I mean, keep it up to Lauren
38:57
Speaker 2: Colin and control room. That is from our nie friend
39:01
Speaker 2: inoperative Ordon. You on TikTok while Lauren is talking. I
39:07
Speaker 2: want to see that. I want to see the other pictures,
39:09
Speaker 2: very calculated, where she's always hiding her face in pictures,
39:15
Speaker 2: Lauren Colin, why would she be hiding her face other
39:20
Speaker 2: than to hide the fact she's under age.
39:23
Speaker 5: Well, I think you nailed it right there. And Nancy,
39:26
Speaker 5: I had never seen that video of her in the
39:29
Speaker 5: back of the uber and my heart is broken. Her hands,
39:33
Speaker 5: her little hands, they just look so small. She looks
39:37
Speaker 5: like a child to me. And I, oh, it's just
39:41
Speaker 5: it's breaking my heart even more, especially amid all of
39:45
Speaker 5: these issues, these procedural issues that are going on right now.
39:49
Speaker 5: And I also want to point out, Nancy, that video
39:52
Speaker 5: of Matthew McConaughey that David reposted. It's giving me the
39:56
Speaker 5: chills because David went back and forth to Santa Barbara,
40:01
Speaker 5: the alleged dump area where her idea was found. I'm
40:05
Speaker 5: seeing all of these parallels between other notorious killers.
40:11
Speaker 2: Doctor Bethany Marshall, what about.
40:12
Speaker 8: It, Well, it shows consciousness of guilt premeditation. Preparing for
40:18
Speaker 8: a dump site is one of the things that we
40:21
Speaker 8: assess for when we try to determine how premeditated was
40:25
Speaker 8: a crime, and usually that involves a lot of driving
40:28
Speaker 8: looking for just the right spot. I'm going to guess
40:32
Speaker 8: he drove to Santa Barbara, drove back, couldn't find an
40:35
Speaker 8: appropriate dumb site, and that's when allegedly he bought the
40:38
Speaker 8: kittie pool the chainsaws. As Dan said, he's not exactly
40:42
Speaker 8: a mastermind. He ordered those off of Amazon. But when
40:45
Speaker 8: one plan failed, he went to the next. That was
40:48
Speaker 8: Plan B, that disarticulating of her body.
40:53
Speaker 2: Reminder to all, David Anthony Burke is presumed innocent until
40:58
Speaker 2: improven guilty in a court of law. That presumption remains
41:03
Speaker 2: with him, shrouding him unless and until the state pierces
41:08
Speaker 2: the presumption with evidence sufficient to prove him guilty beyond
41:12
Speaker 2: a reasonable doubt. We will be in the courtroom when
41:17
Speaker 2: the preliminary hearing starts. If you know or think you
41:20
Speaker 2: know anything about this case, please dial two one, three
41:24
Speaker 2: four eight six six' eight nine. Zero we Remember american
41:29
Speaker 2: Hero Officer Trevor howard Of Marked, TREE, Pd, arkansas just
41:35
Speaker 2: twenty five years old when killed in the line of,
41:39
Speaker 2: duty leaving behind grieving Parents don And. Joni american Hero
41:45
Speaker 2: Officer Trevor. Howard thank you to our guests for being with,
41:50
Speaker 2: us but especially to you for being with us tonight
41:54
Speaker 2: and every night as we seek justice in our own
41:57
Speaker 2: way For celeste Rev Us Nancy grace signing off for,
42:02
Speaker 2: tonight But i'll see you tomorrow, night and until, then
42:06
Speaker 2: good night.
42:06
Speaker 7: Friend m hmm