MADISON (WKOW) -- An attorney's court filing this week challenged state department of health services Secretary Dennis Smith's claim Smith maintained only a platonic relationship with his chief legal counsel.
Madison attorney Brian Brophy's motion is in defense of Andrew Spear, who is scheduled to stand trial next month for allegedly trying to kill his wife, DHS chief legal counsel Mary Spear.
In court documents, Brophy referred to Smith as Mary Spear's "lover," as he described Andrew Spear's attempt to call Smith's home, after Spear's alleged attack on his wife last August.
Brophy's motions ask for access to Mary Spear's emails, cell phone records, and portions of her health treatment history.
Police reports submitted with motions include Smith describing some email correspondence with Spear as "sensitive."
An August 2012 statement from Smith described a lifelong friendship with Spear, but no affair. Police reports submitted to the court this week said Smith and Spear have known each other since childhood in Illinois, with the couple going to high school prom together, although Spear described the date as involving only friendship.
Andrew Spear maintained an affair between Smith and his wife sparked a confrontation between himself and his wife, but denies trying to kill her. Authorities said Spear set his wife on fire, although Mary Spear was only slightly burned.
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