CAMDEN, Maine — The attorney for renowned singer/songwriter Donald P. McLean has asked for all emails and texts that his alleged assault victim sent anyone concerning McLean following his arrest.
Both the prosecutor and the woman’s lawyer, however, said that the request is an impermissible fishing expedition and would set a harmful precedent that could affect all future criminal cases.
Don McLean is charged with domestic violence assault, domestic violence terrorizing, domestic violence criminal threatening, criminal restraint, criminal mischief and obstructing the report of a crime. A trial date has not been scheduled.
The 70-year-old singer faces up to 364 days in jail on each of the offenses, which are all Class D misdemeanors.
On April 4, attorney Walter McKee of Augusta sought by subpoena the texts and emails of the alleged victim. He said the information was necessary to show her bias against his client during his cross-examination of her when the matter goes to trial.
McKee said he has one email in which she refers to Don McLean in less than positive fashion, though he would not reveal its content during the hearing held Wednesday morning in Knox County Unified Court in Rockland before Justice William Stokes.
The defense attorney said he needs to know if there are more such communications.
The alleged victim’s attorney Gene Libby of Kennebunk filed a motion to quash the subpoena.
“It’s appropriate to be in such a renowned fishing port as Rockland because this is essentially a fishing expedition,” Libby said during the hearing.
Libby warned that if this subpoena was allowed to stand, defense attorneys across the state would seek the emails and texts of any witness in any criminal case.
By forcing his client to turn over such correspondence, she would be revictimized, Libby said.
McKee said it was important for his client to have the emails and texts to show bias since there was only one witness to the alleged assault. Libby disputed that claim.
“There may be one speaking witness but there are photographs of the bruises he inflicted on her. There are photos of the door jamb he broke,” Libby said.
Assistant District Attorney Christopher Fernald said the prosecution also has concerns about the impact a ruling in Don McLean’s favor would have. He said such correspondences are often personal and private.
McLean’s attorney said the request was specific and narrow and would not be a burden for his client’s accuser to provide. The defense is only seeking emails and texts that make reference to Don McLean and only since Jan. 17 when the alleged incidents occurred, McKee said.
Stokes asked McKee to provide him with the email he has and he will review it and rule promptly on the motion. The judge said that the email would be sealed from public review.
McLean initially was arrested by Camden police on Jan. 18 at his Hope Road home and charged with domestic violence assault. He was released on unsecured bail a few hours after being taken to the Knox County Jail in Rockland.
According to the criminal complaint filed with the case, the assault charge alleges that McLean injured the woman or committed offensive physical contact. The terrorizing charge alleges that McLean threatened to assault or murder the victim. The criminal threatening charge alleges that he placed her in fear of imminent bodily injury.
The remaining charges allege that he prevented the woman from leaving the residence, destroyed a door and/or door frame and prevented her from using the telephone.
McLean has denied the allegations and pleaded not guilty to the charges.
Success came to McLean in 1969 when he recorded his first album, “Tapestry,” with a pair of songs from the record making the charts: “Castles in the Air” and “And I Love You So.”
Two years later, he recorded “American Pie,” one of the most iconic songs of the 20th century, and became an international star.
If you or someone you know is experiencing domestic violence and would like to talk with an advocate, call 866-834-4357, TRS 800-787-3224. This free, confidential service is available 24/7 and is accessible from anywhere in Maine.