SAN DIEGO -- Two San Diego police detectives who attempted to visit accused child killer David Westerfield in his jail cell one day after his alleged victim's body was found acted inappropriately, a police captain said.

DANIELLE VAN DAM 1994-2002 Watch Danielle Video Montage DONATIONS The Danielle van Dam Family Trust Mail donations to: Community Bible Church 9919 Carroll Center Road San Diego, 92126 For donations for funeral or memorial services, contact: Susan Wintersteen (858) 735-6735 Send mail to: P.O. Box 501515 San Diego, CA 92150 DISCUSSION Share your feelings, thoughts for van Dam family Danielle Web site

"I have confirmed that that did happen," Capt. Ron Newman said.

Given the fact Westerfield is represented by counsel, "I question the appropriateness of it," he said.

"I'm sure the detectives felt that it was the appropriate thing to do, given the set of circumstances they were under," he said. "But we will be handling that internally. So it's not something that we would normally do. In fact, we should not be doing it, frankly."

Newman said Westerfield, who is accused of kidnapping and murdering Sabre Springs 7-year-old Danielle van Dam, refused to talk to the detectives on Feb. 28, then called his attorney to report the attempted questioning.

In a motion filed in Superior Court following the attempted visit, defense attorney Steven Feldman asked a judge to issue an order prohibiting law enforcement from contacting Westerfield except through counsel.

Feldman said that the actions of the detectives was improper since they knew Westerfield had retained legal representation.

"This court has a duty to protect Mr. Westerfield from police misconduct, especially when it is put on notice that misconduct has occurred," Feldman wrote.

A hearing is scheduled Friday on Feldman's renewed request for a gag order in the case. A preliminary hearing is set for Monday.

Westerfield, 50, is charged with murder, kidnapping and misdemeanor possession of child pornography in connection with the death of the second-grader.