CAMDEN, Maine — The attorney for the alleged victim in the domestic violence assault case against renowned singer/songwriter Don McLean is asking the court to penalize McLean for what her lawyer said is an attempt to intimidate his client.
Attorney Christopher MacLean, who represents the woman, said that a second attempt by McLean to gain access to the woman’s text messages is improper.
“Using the subpoena process to intimidate and control a domestic violence victim is improper and warrants sanctions and rebuke,” the attorney stated in his motion filed Friday in Knox County Unified Court to quash McLean’s subpoena.
But the singer/songwriter’s attorney said that the request for texts this time is much more specific than the one filed earlier this year. Justice William Stokes rejected last month McLean’s request to be given access to emails and texts sent by the woman since the alleged assault occurred in January that made any reference to McLean.
The judge said the defense did not prove that the information would be relevant at any upcoming trial.
“As you can see [the second subpoena] is more narrow and undeniably related to the very case that Don is charged with,” McLean’s attorney Walter McKee said Friday.
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.
The woman is not being named by the Bangor Daily News because she is the alleged victim of domestic violence.
The latest subpoena was served on the woman June 23, a week after Stokes’ ruling.
“The new subpoena is narrowly tailored to address the court’s concerns expressed at the last hearing and in its order. For some reason [the victim] does not want to provide documents about the very serious — and flatly baseless — allegations she has made about Don McLean. One has to wonder what she is trying to hide,” McKee said Friday.
The subpoena seeks any texts that make reference to alleged assault. The earlier subpoena had sought any and all texts and emails that made reference to McLean.
The woman’s attorney, however, countered with what he said was the real reason behind this second effort.
“The message sent by the new subpoena is that this court’s June 15, 2016 ruling does not matter to Donald McLean; the court ruling somehow does not apply to him, that [victim’s] private communications with family or friends — or perhaps a counselor or victim witness advocate are still accessible to him and that she better not disclose to others what he did to her,” MacLean stated in his motion to quash the subpoena.
The woman’s attorney has asked the court to require McLean to pay her legal fees associated with fighting the subpoena and any other sanctions that the judge finds proper.
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.