Thursday, February 19, 2009

Judge awards a man convicted of reckless homicide in the shooting death of his wife's teen lover primary custody of the couple's two children.- Judge awards Eric McLean custody of both sons

logic..? oh my god? no fucking way!!! This IS OUTRAGEOUSE!!!

Eric McLean today was awarded custody of his two sons after a deal was signed between McLean and ex-wife Erin McLean that awards him primary custody and requires her to pay child support for boys, ages 9 and 12.

Eric McLean granted primary custody of children

Yvette Martinez   Updated: 2/18/2009 7:33:29 PM    Posted: 2/18/2009 3:34:47 PM

A man convicted of reckless homicide in the shooting death of his wife's teen lover has been awarded primary custody of the couple's two children.

Eric McLean has been named as the 9- and 12-year-old boys' primary residential parent.

His ex-wife Erin will receive 6 weeks in the summer, along with fall break and alternating spring breaks.

Eric McLean was convicted of reckless homicide in the shooting death of 18-year-old Sean Powell, at the end of

the McLeans' driveway. Powell had been having an affair with McLean's wife, Erin Myers McLean (now Erin Myers).

Fearing publicity, Erin Myers took the couple's two children and left Knoxville. McLean later divorced her in absentia.

Upon her return to Knoxville, Erin Myers spent time in jail for civil contempt for violating court orders in the custody case.

The resolution of the custody case has both parties paying their own legal fees, with the county paying a psychiatrist in the case $2,670 and the guardian ad litem in the case $4,506.

The agreement orders both parties to keep the children away from the press, both in photographs and any possible interviews.

It further orders both to behave civilly and to encourage the children to continue to love the other parent and be comfortable in both families.

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By Jamie Satterfield (Contact)

 


Judge awards Eric McLean custody of both sons

Michael Patrick

Eric McLean today was awarded custody of his two sons after a deal was signed between McLean and ex-wife Erin McLean that awards him primary custody and requires her to pay child support for boys, ages 9 and 12.

Eric McLean today was awarded custody of his two sons.

After months of bitter legal wrangling, Eric McLean and ex-wife Erin McLean stuck a deal that awards him primary custody and requires her to pay child support for boys, ages 9 and 12.

Attorneys Steve Sharp, who represents Eric McLean, and attorney Brandy Slaybaugh, who represents his ex-wife, announced the settlement this afternoon in Knox County Fourth Circuit Court. Judge Bill Swann approved it.

Erin McLean was jailed last year after she was convicted of contempt in the custody battle. She was released from jail in December after the state Court of Appeals issued an order setting a $5,000 bond while she appeals the contempt of court conviction that landed her behind bars.

Eric McLean was convicted last year of reckless homicide in the 2007 shooting death of Erin McLean’s teenage lover Sean Powell.

Erin McLean flaunted an affair with Powell, whom she met as a student teacher in his high school English class, in front of her husband for months before he pointed a high-powered rifle at the unarmed teenager in front of the couple’s Coker Avenue home in March 2007.

In September, Eric McLean was convicted of reckless homicide and was ordered to serve a total of 90 days in jail.

Because of work performed behind bars, he won credits that allowed him to be released after serving only 71 days.

Erin McLean ended up in jail as part of the ongoing legal battle over custody of the couple’s two sons. She has been accused of keeping the boys away from Eric McLean for months despite a court order granting him co-parenting rights and then using a cellular phone she gave the boys to secretly communicate with them after they were found in Austin, Texas, and returned to Knoxville on Oct. 1.

Swann ordered Erin McLean jailed for 95 days, mainly for defying a February order that gave her ex-husband equal parenting time with the two sons.

According to testimony and evidence at the hearing, Erin McLean fled Tennessee with the children and a man she met at a psychiatric hospital in Nashville in September 2007, lived in two different locations in Austin, moved to Colorado, took a two-week trip to San Francisco and then moved back to Austin.

Slaybaugh appealed Erin McLean’s contempt of court conviction on a number of grounds and in a related pleading asked the appellate court to set a bond under which she could be released during the appeal.

The appellate court said that Slaybaugh’s request for bond was not properly filed but granting the request in order to “(treat) substance over form to secure the just speedy and inexpensive determination of this proceeding on its merits.”

More details as they develop online and in Thursday’s News Sentinel.

The McLean Files
Photos, Videos, Documents
  • PDF: Eric McLean visitation recommendation
  • PDF:Petition for criminal contempt filed against Erin McLean
  • PDF: Letter from Eric McLean to Sean Powell, never delivered, found by police in the car McLean left parked at West High School after the shooting that killed Powell
  • PDF: Letter from Eric McLean to his wife, Erin, found by police at their home after the shooting of Sean Powell
  • PDF: Search warrant for the McLean home
  • PDF: Search warrant for the Eric McLean's car
  • Photo gallery: The Trial of Eric McLean
  • Video: Defense attorney's reaction to grand jury's decision
  • Video: Erin McLean featured on TV special
  • Video: Eric McLean's interview with Matt Lauer on NBC's The Today Show
  • Read the transcript and watch video from the July 16, 2007 'Dateline' with Eric McLean.
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