I’m at the criminal courthouse in downtown Los Angeles, where the preliminary hearing in singer D4vd’s murder case is to begin at 8:30 am.
I’m in the hallway outside the courthouse. I’m the 19th media member here hoping to get a seat in the courtroom.
I’ll share updates here.
A team from the Los Angeles County District Attorney’s Office entered Judge Charlaine Olmedo’s courtroom a few minutes ago, including lead prosecutor Beth Silverman.
D4vd's preliminary hearing is now scheduled for May 1.
He's back in court next Wednesday (April 29) to discuss how much discovery has been obtained and whether the prelim will proceed.
A prosecutor said they found "a significant amount of child pornography" on his iCloud.
Police got a court-authorized phone wire tap "I think last year" as part of the investigation, prosecutor Beth Silverman said.
"We have not received anything from that wire tap yet, but again that will be something that will take time to produce..."
The scene outside the courthouse.
I’m not excepting the defense attorneys to speak, but I don’t think we’re going to miss it if they do.
Judge Olmedo began with her courtroom rules. No more than two attorneys at the prosecution and defense tables. The case “is in death penalty posture until the People make a decision on the penalty phase,” which means two attorneys can argue for the defense.”
She said reporters can use laptops but not phones, and “there's absolutely no live transmission from this courtroom.”
“There are no Google Glasses. ... There's no tweeting. … If you want to write something and send it out, then you need to go out into the hallway to do that.”
The judge said she was unsure if today was to be the actual prelim or just to schedule one.
Defense attorney Marilyn Bednarski said they want one within 10 days but need discovery “to have a meaningful prelim.”
They don’t expect “full discovery” but they’ve asked for basics.
Deputy DA Beth Silverman said LAPD’s robbery-homicide division “has been trying to upload their entire” file over the last month or five weeks, and “only 30% … has uploaded, and that is using multiple computers.”
Silverman said it was D4vd’s iPhone (not his icloud) that has “a significant amount of child pornography” “and under the law child pornography cannot be retained without there being certain orders in place” so there’s a process for that.
D4vd’s lawyers rpovided a 1 TB drive that Silverman said they’ll return with discovery on Monday, but Silverman said they need “a drive of at least 10 terabytes in order to produce the defendant’s’ iCloud.”
Silverman said the discovery includes:
bodyworn video
DNA trace evidence
photographs from the serving of search warrants
"All of those things we're going to endeavor to turn over hopefully tomorrow afternoon."
The prosecutor also said in court that three grand juries convened in D4vd's case not to return an indictment but to investigate.
She didn't say exactly what they considered, but she said one grand jury convened in November, another in December and another in February.
Judge Olmedo said she understands "the defense predicament of wanting a speedy trial" and needing discovery when there's a lot of it.
"I’ve even had some attorneys explain to me its a Hobson’s choice," but it's still a choice they have to make.
The judge spoke directly to D4vd, legal name David Burke, about jail transport for court.
The jail "may get you up really early to be here."
The bus has other stops and it's "very important you make that early morning bus."
“It may mean that you’re in the building for a bit.”
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