No access for Spear to former health secretary's emails - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

No access for Spear to former health secretary's emails

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MADISON (WKOW) -- A Dane County judge ruled a man accused of trying to kill his wife will have no access to emails between his wife and former state health secretary Dennis Smith.

Judge William Hanrahan also ruled Andrew Spear will have no access to the mental health records of his wife, Mary Spear.

Authorities say Spear tried to kill his wife by setting her on fire in a storage unit in August. Mary Spear was not hurt seriously.

Andrew Spear has maintained Mary Spear set herself on fire, to try to stop Andrew Spear from confronting Smith about a potential affair between Smith and Mary Spear. Mary Spear served as Smith's chief legal counsel.

Hanrahan ruled Wednesday there's nothing in Mary Spear's health history to support Andrew Spear's claims she was capable of setting herself on fire.

Hanrahan also said Spear had past access to some emails between his wife and Smith, believed they were having an affair, and granting him access to more of his wife's email communications would amount to an invasion of her privacy.

Hanrahan said any "reasonable person" would believe an affair between Mary Spear and Smith took place based on emails Andrew Spear has already seen.

In an interview with 27 News, Smith denied the existence of an affair between himself and his subordinate.

Authorities say Mary Spear has also denied an affair.

During the course of Andrew Spear's prosecution, Smith left his post as health secretary in Governor Walker's administration to join a Washington, D.C.-based law firm. Smith said his former chief legal counsel's problems and the court case played no role in his decision.

Spear's trial on an attempted murder charge is scheduled for next month.

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