( 03-08-2002 ) - Attorneys for the man charged with Danielle van Dam's death are heading to court Friday morning.
David Westerfield's attorney Steven Feldman is again asking the judge to issue a gag order in the case.
Feldman originally made the request during Westerfield's arraignment, but the judge said it was too early to make such a call.
The defense argues a gag order is needed for a fair trial.
Meanwhile, Westerfield got a jailhouse visit from two detectives, and it's causing a lot of trouble.
The visit was neither authorized nor ethical according to legal experts.
In a six-page motion filed by defense attorney Steven Feldman, he accuses the two San Diego detectives of "outrageous, impermissible conduct."
"Let the case be tried in the courtroom not on the streets of San Diego," said Feldman to a crowd of media outside Westerfield's February 26 arraignment.
Last week Feldman criticized the media, saying that all the news coverage would hurt his client's chance at a fair trial. Now, Feldman is attacking the cops, and it appears he has every right to do so.
San Diego police admit two of their detectives tried to visit David Westerfield in jail without asking for Feldman's permission. In fact they didn't even ask prosecutors if it was okay.
"It's a clear violation of the United States constitution," said Defense Attorney Bill Nimmo.
Bill Nimmo is a well-known defense attorney in San Diego. He's not involved in the Westerfield case, but he feels police blew it.
"Whether their mistake was a rookie mistake or whether it was some calculated intent we don't know but it was certainly wrong and it is going to come back to haunt them the law enforcement end of this at the trial stage."
In a written statement, Captain Ron Newman, the man in charge of the detectives on the case said, "It did happen. It is inappropriate once someone is represented to make contact with him. We will have no further comment and it is something we have handled internally."
Police admit they messed up, but they say their detectives didn't even talk to Westerfield. Meaning the slip up won't effect the strength of their case.
Nevertheless, Feldman is taking a whack at their credibility. He demands the courts "prohibit further outrageous governmental misconduct."
David Westerfield is scheduled to be back in court Monday, March 11 for a preliminary hearing. >