The defense is grasping at straws. This is going to happen from here on out, and will continue to happen if he is convicted and if his attorneys decide to appeal that conviction. Since it's a death penalty case, I expect nothing less. His attorneys have to exhaust all means necessary or he can appeal that they didn't do a good enough job for him.
The terrible part of this case is that he has been through the system so many times, and been on the inside he knows what to (not) do and what to (not) say.
It's assanine how he has so many rights, and Dru has none.