McLean's attorney reacts to new grand jury indictment for first-degree murder

A grand jury increased the charges against a Knoxville man accused of killing his wife's student lover.

Jason "Eric" McLean originally faced a second-degree murder charge in connection with the March shooting. The new indictment means he faces first-degree murder for the death of 18-year old Sean Powell.

Powell and McLean's wife Erin were allegedly having an affair. She met Powell while student teaching at West High School.

What was supposed to be a hearing about whether taxpayers should foot the bill for McLean's defense Wednesday instead turned into both sides getting defensive.

"I am asking the court to reconsider an erroneous affidavit and an erroneous ruling by the court, so he can be found indigent like most other people," said Attorney Bruce Poston.

Poston has been defending McLean pro bono for months. Wednesday, while Poston tried to ensure his defense, prosecutors threw a curve ball.

"The Grand Jury for Knox County, Tennessee has returned a presentiment charging Jason E. McLean with murder in the first degree," Assistant District Attorney General William Crabtree announced in court.

"It's desperation by the attorney general's office. They found a second grand jury--who knows what yarn they spun to get this indictment--then tried to jack up the bond and get me off the case. What more can you say?" Poston said.

Judge Mary Beth Leibowitz refused to increase McLean's bond to $750,000, despite the prosecution's pleas Wednesday.

"If McLean had the opportunity to take off with his children, we would never see this man again," General Crabtree said.

Judge Leibowitz also gave the thumbs down to having another attorney take on the case.

"I can tell you roughly the Public Defender?s Office now has 530 cases set for trial in Criminal Court that 7 lawyers are handling," Mark Stephens with the Public Defender's Office said. "Our case loads are out of control."

"I think this client and this lawyer certainly have an attorney -lient relationship that's formed over 11 months, which is important to this individual," Stephens added.

"I think Judge Leibowitz made some great rulings today. I am just sorry it came down to this desperate move by the State of Tennessee," said Poston.

The District Attorney General's Office wouldn't comment on what if any new evidence was presented to the latest Grand Jury.

Another jury will soon decide McLean's fate.

"These charges, his kids--it's remarkable Eric is holding up as well as he is," Poston said. "We will be in court, and we will do that trial one day or another."

A hearing will be held on Friday to determine whether the trial will go forward on January 14th as scheduled.

Poston will get public money to help with McLean's defense.

Meanwhile, McLean's two kids are with their mother. Where they are, exactly, no one seems to know. The last known location was somewhere in Colorado.

Mclean went back to jail briefly on Wednesday to be booked on the new charge.

He was then released. The $150,000 and conditions for bond remained the same; McLean had already posted bond.

Online Extra: Complete interview with Eric McLean's attorney

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