A Knox County judge denied a motion filed by singer-songwriter Don McLean that would force his wife, whom he allegedly assaulted in January, to produce all email and text messages about the incident or McLean.
Justice William Stokes denied the subpoena for documentation Wednesday, after a hearing this month. McLean’s attorney, Walter McKee, had subpoenaed Patrisha McLean in April, seeking all communication she had with third parties, other than her attorney, about McLean, and the night of the alleged assault.
McLean is charged with domestic violence assault, domestic violence terrorizing, domestic violence criminal threatening, criminal restraint, criminal mischief and obstructing report of injury or crime stemming from an incident in January in which he allegedly assaulted his wife at their home in Camden. He has pleaded not guilty.
In a statement to the court, Patrisha McLean said 70-year-old McLean has a violent temper. On Jan, 17, she said, she was “terrorized” by McLean for four hours, adding that the 911 call she made that night while locked in the bathroom may have saved her life.
McLean’s motion said his wife emailed people about what happened that night and since it references what allegedly occurred, it is relevant to the case.
Patrisha McLean’s attorneys said the motion was overly broad and unreasonable, calling it a fishing expedition. When she did not comply with the order, the defense requested sanctions against her for noncompliance, namely her arrest.
Stokes said in his order the possible contents of any additional emails or messages is entirely the subject of speculation and conjecture. After examining an email that McLean had in his possession, Stokes said it did not indicate any specific information that additional communication would have that would be relevant to McLean’s defense.
McLean is scheduled to appear in court again July 21 for a dispositional conference.
Juliette Laaka can be contacted at 594-4401, ext. 118, or at:
jlaaka@village.com
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