D4vd murder case: How a 2022 California law could protect the singer’s lyrics from a jury

LOS ANGELES - Can a song be used to convict a singer of murder? 

That is the question facing the court in the case of David Anthony Burke, the 21-year-old artist known as D4vd charged in the death of Celeste Rivas Hernandez. 

With prosecutors alleging the singer's real-life actions mirrored the dark imagery in his music videos, a judge must now determine if D4vd’s lyrics are a relevant piece of evidence or a violation of his First Amendment rights.

What we know:

The debate centers on whether an artist's music can be perceived as a confession to a crime, or is it simply artistic expression and freedom of speech?

Before any trial kicks off, a judge will likely have to decide if the jury should be allowed to weigh singer D4vd's music and lyrics as evidence.

"The judge will ultimately decide; this is not a question for the jury," said criminal defense attorney, Silva Megerditchian. 

Los Angeles Police Department Chief Jim McDonnell was asked on Good Day LA Wednesday if the musician's lyrics would be a factor in his trial. 

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"It will be certainly introduced I'm sure, that's something that will get attention here in the trial and we'll see how that plays itself out," he said. "It'll be speculative for me to say anything else at this point on how it will look."

The song and music video many have pointed to is "Romantic Homicide," released in 2022, years prior to when Rivas Hernandez died.

Many say the lyrics and imagery are dark, and part of the video seems to mirror details police outlined in the investigation.

"Juries really see this as incredible evidence. That's why the prosecutors are really going to argue to have it, and the defense is going to say no way it's a first amendment right," said Megerditchian.

In 2022, Governor Gavin Newson signed a bill restricting the use of rap lyrics as evidence in criminal trials. Criminal defense attorneys say that means prosecutors in D4vd's case will have to convince a judge that the lyrics are relevant rather than prejudicial.

"If the lyrics can give some sort of blueprint, even if it's a blueprint for future harm, then it's becomes relevant, probative," said Megerditchian. "The defense is going to argue 'no its not relevant, it's more prejudicial,' meaning that evidence that comes in can be more hurtful in a way that is not ethical."

Dig deeper:

The topic raises legal questions of free speech and whether a musician's visual art or lyrics can be used as evidence in a criminal case.

In 2023, a judge ruled lyrics could be used as evidence during rapper Young Thug’s trial on gang and racketeering charges.

But attorneys say every case is different, including D4vid's.

The artist pleaded not guilty to first-degree murder on Monday.

"They will look at case-by-case basis and see whether this is relevant to the case, and it's not just rappers, it's country music, hip-hop music, R&B," said Megerditchian.

D4vd's legal team has maintained his innocence throughout this case.

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