D4VD's Defense Reversal Reveals More Than They Intended

Confidence at the arraignment. Caution less than two weeks later. David Anthony Burke's defense team demanded a fast preliminary hearing — then asked for a delay after the discovery started arriving.

Blair Berk told the court at the arraignment that the prosecution's case couldn't withstand scrutiny and pushed for a hearing within ten days. But when the files started landing — including wiretap results, testimony from three grand juries, and roughly forty terabytes of digital evidence — defense attorney Marilyn Bednarski asked Judge Charlaine Olmedo to push the hearing to May 26.

The defense also tried to get the prosecution's nine-page evidence brief sealed from the public. Berk called it "entirely one-sided" and warned it would taint the jury pool. The judge denied the request.

Beth Silverman told the court she'd warned the defense that this volume of evidence was coming. She'd already told witnesses to cancel planned vacations for the original hearing date.

Jennifer Coffindaffer breaks down what changed behind the scenes, what the wiretap tells us about the investigation's reach, and what to watch for at the May 26 hearing.

Part 3 of 3.

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