CAMDEN, Maine — A judge has rejected renowned singer/songwriter Donald McLean’s request to be given access to emails and texts from the alleged victim in a domestic violence assault case against him.
Justice William Stokes ruled Wednesday against McLean’s request and quashed the subpoena that had been served on the victim. The judge said the defense had not proven that the information would be relevant at any upcoming trial.
McLean’s attorney, Walter McKee of Augusta, had sought any emails and texts from the woman that made any reference to the alleged assault that occurred in McLean’s home on Jan. 17. McKee said the information was necessary to show her bias against his client, which he could then use during his cross-examination of her when the matter goes to trial.
The woman is not being named by the Bangor Daily News because she is the alleged victim of domestic violence.
Stokes rejected the argument and said that the one email McLean obtained did not support his claim to additional electronic correspondences.
“The difficulty with this argument is that the possible contents of any additional emails or text messages is entirely the subject of speculation and conjecture,” Stokes ruled.
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.
“We disagree with the court’s decision given that it sets an impossible bar, but we respect it,” McKee said Friday. “We will simply seek to secure these emails from a different direction because we know they are out there.”
The victim’s attorney, Christopher MacLean of Camden, said he was delighted the judge protected his client from an outrageous attempt by the defense attorney to bully her by threatening to have her arrested for not turning over the documents.
“Imagine how scary it must be to feel you can’t talk to your families or friends about what you have gone through,” he said.
“I hope this decision serves to protect future victims of domestic violence,” MacLean said Friday.
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.
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.