Publicity leads to trial being postponed

COEUR d’ALENE — A deputy prosecutor threatened a Coeur d’Alene couple with an additional felony for publicizing a criminal case in which the couple has accused Coeur d’Alene police of being heavy handed.

Deputy prosecutor Art Verharen told a First District Court judge Thursday that defendants broke the law when they publicized their case days before it was supposed to go to trial.

In light of Verharen’s motions, including one asking for a change of venue, Judge Cynthia C.K. Meyer vacated the felony trial for Lindsay and Harrison McLean set for three days beginning this week.

Meyer and attorneys will meet this week to set a new trial date.

The McLeans are accused of felony battery on police after a fracas last August resulted in their arrest in the emergency room waiting area of Kootenai Health, where the couple had gone seeking treatment for Harrison McLean, a U.S. Army green beret and National Guardsman who was suffering extreme stomach pain.

When officers attempted to arrest Lindsay McLean for an alleged DUI, a fracas ensued, and the couple was jailed for battering police. They were later released.

Over the past nine months, the McLeans have denied the charges, and have rejected plea agreements, including one for a suspended misdemeanor sentence and withheld judgment. They have argued instead that police were overly aggressive in their attempt to arrest Lindsay McLean without probable cause, according to the couple.

The couple released hospital surveillance footage, and police released body cam footage to the media as both sides staunchly maintain they did no wrong.

Verharen at last week’s motion hearing told the court the couple had overstepped legal boundaries when they met with the media to publicize their case.

“It is clear you may have a brand new felony,” Verharen said. “I am talking about the conduct of both defendants.”

Verharen had argued earlier, and Meyer denied the request, to have McLean’s military record withheld from jurors, and to prohibit a surveillance video that shows police holding Lindsay McLean over a chair, exposing her buttock.

Attorneys for the couple countered that media coverage of the case likely wouldn’t influence prospective jurors.

“It is premature to think it will taint the jury pool,” defense attorney Craig Zanetti said.

Meyer said she was concerned about the recent publicity surrounding the case, including two newspaper articles and television news coverage.

“This pretrial publicity has resulted in not only an invitation for people to contact the court, but to actually contact the court,” Meyer said.

However, Verharen had presented no new evidence, the judge said.

“Nothing has changed in this case other than the recent pretrial publicity,” Meyer said. “These kind of communications pending a trial is unprecedented.”

The judge ordered that defendants break off contact with the media.

Harrison McLean, a National Guardsman attached to a Washington Special Forces unit, and his wife, Lindsay, were both charged with battering police after he hurled himself at officers Aug. 27 when they tried to arrest his wife, accusing her of DUI. Police accuse the couple of fighting with them as they attempted to resist being arrested.

The couple, who own a Coeur d’Alene home inspection business, were indicted in September and have denied wrongdoing.