NEW ORLEANS – Lawyers want a federal judge to cancel subpoenas of the two FBI agents and a state trooper who arrested real estate heir Robert Durst because they say state courts need permission to call federal agents.
A New Orleans magistrate subpoenaed the three for a hearing about whether they illegally searched the millionaire's hotel room before his arrest. They were no-shows, and he ordered them to prove they shouldn't be held in contempt of court.
The federal attorneys say state courts need federal consent to subpoena federal agents, and the trooper was acting for the FBI.
Durst's lawyers contend the search invalidates weapons charges that have kept the millionaire in Louisiana even though he waived extradition to California to face a murder charge.
Judge Susie Morgan has scheduled a Tuesday hearing.