SAN DIEGO -- Defense attorneys Friday were successful in persuading a judge to issue a gag order in the Danielle van Dam murder case.

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

The judge issued the order late Friday afternoon in San Diego Superior Court.

The order prohibits attorneys and investigators from making comments to the media that could influence the outcome of the trial of David Westerfield, 50.

Westerfield, who lives two doors down from the van Dam home, is accused of kidnapping and murdering 7-year-old Danielle van Dam.

In the interests of justice, the judge said he had the authority and duty to control the release of leads, information and gossip to the media by police officers, witnesses and counsel.

Defense attorney Steven Feldman said he asked for a gag order to preserve his client's rights.

"There is a clear and present danger of substantial prejudice to the defendant if no such order is made," the judge wrote in agreeing with the defense. "There has been substantial pretrial publicity in this case.

"There have been media reports, allegedly from law enforcement sources, detailing clearly inadmissible evidence, giving conflicting and confusing reports of the 'evidence,' and discussing the defendant's guilt or innocence in detail. If allowed to continue, it would violate the defendant's Sixth Amendment rights and prevent him from receiving a fair trial."

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But Deputy District Attorney Jeff Dusek said such an order would be unenforceable since prosecutors have made no statements that would jeopardize Westerfield's right to a fair trial.

And media attorney Guylyn Cummins argued that the "people most knowledgeable about this case should be accessible to the media." Otherwise, she said, the public will resort to "speculation" and "guessing."

But defense attorneys cited alleged "police leaks" and an "unprecedented" amount of media coverage, potentially resulting in a "circus atmosphere," as reasons for a gag order.

Without it, they argued, their client's constitutional right to a fair trial would be in jeopardy.

"There will not be a circus atmosphere in this court," Domnitz declared several times, saying he will allow no more than one video and one still camera during the proceedings.

Domnitz wrote that his order is "to prohibit any such statements from being made in the future by anyone directly involved in the case, to prevent additional prejudice."

Westerfield is being held without bail and faces a preliminary hearing on Monday.

Meanwhile, two San Diego police detectives who attempted to visit Westerfield in his jail cell one day after Danielle's body was found acted inappropriately, a police captain said.

"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 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.