Robert Durst due in court Monday to face gun charge

NEW ORLEANS, LA (KTRK) -- Accused killer Robert Durst is due in a New Orleans courtroom Monday morning for a bond hearing on gun and drug charges while he waits extradition to Los Angeles on a capital murder charge.

The 71-year-old millionaire's attorney, Dick DeGuerin, told Eyewitness News tonight, "I'm not a fool. I know that the judge is not going to grant him bail given the history of this case."

But DeGuerin says he will contest the arrest, saying authorities did not have enough evidence to arrest Durst in the first place. He also claims a Los Angeles prosecutor unlawfullly interviewed Durst after the arrest without an attorney present.

Durst is being held in Louisiana because authorities say they found a gun and drugs in his New Orleans hotel room when they arrested him in the murder of his friend, Susan Berman, in Los Angeles 15 years ago.

Durst is in a mental health facility because he was deemed a suicide risk. DeGuerin says Durst is no longer a suicide risk, but has health problems that are keeping him in the facility.

DeGuerin said Durst is "relieved that he's going to have a chance to have all this brought out in court. He's ready to go to California and go to trial."