( 03-07-2002 ) - Two detectives on the Danielle van Dam murder case are being investigated for inappropriate behavior, after they tried to question suspect David Westerfield in jail without the consent of his attorney or prosecutors.
While San Diego police call the incident "inappropriate," Westerfield's attorney says it was "outrageous" and a violation of his client's right to counsel.
A judge will have the final say in how this will effect the trial, but it does hurt the credibility of police.
If they're willing to violate David Westerfield's constitutional rights while he's in custody, his attorney could certainly argue that to their advantage on any question of credibility during trial.
Police don't deny the incident happened, but they're also not saying why the detectives tried to visit without first contacting Westerfield's attorneys or the prosecutors handling the case.
It's not clear if Westerfield actually met with or spoke to the detectives. He is currently in a cell at the central jail downtown.
Local Defense Attorney Bill Nimmo, who is not involved with this case, says he doesn't know if it was a rookie mistake or involved some calculated intent. But either way, the detectives involved should have known better.
"Here's a clearly, almost egregious violation of the Constitutional rights of David Westerfield, but when you take a look at what harm it does, then there's a question; how much harm was it? Had he made an incredibly incriminating statement and it got out into the press, then there could have been serious case consequences. Whether there will be now, it's a big question," said local Defense Attorney Bill Nimmo.
In a written statement, police admitted to the discrepancy, but wouldn't comment on the detectives' intention.
"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," wrote Captain Ron Newman.
Westerfield's attorney has a hearing scheduled for Friday regarding the visit. He also plans to argue for a gag order again.
A preliminary hearing scheduled for Monday will tell us more about the evidence when prosecutors lay out their case against Westerfield.