State medicaid director, former health secretary, on trial's wit - WKOW 27: Madison, WI Breaking News, Weather and Sports

State medicaid director, former health secretary, on trial's witness list

MADISON (WKOW) -- State medicaid director Brett Davis is listed in court records as a potential witness in the attempted murder trial of the husband of a former state worker.

Another listed, potential witness in Andrew Spear's July trial is former state health secretary Dennis Smith. Authorities say Spear set his wife, Mary Spear, on fire in August 2012. At the time, Mary Spear worked under Smith as the state health department's chief legal counsel.

Andrew Spear has maintained his wife was having an affair with Smith, and set herself on fire in response to Spear's threat to confront Smith. Both Smith and Mary Spear have denied an affair.

A hearing scheduled next month will determine what access Andrew Spear's attorneys will have to Mary Spear's computer data. Andrew Spear has maintained evidence of the affair is contained in emails between his wife and Smith.  An attorney for Mary Spear has objected to the release of her computer data on privacy grounds.

The prosecutor's witness list includes four other state health department employees, in addition to Davis.

Smith left the secretary position earlier this year for a Washington, D.C. law firm, and told 27 News his departure was not tied to his former chief legal counsel's troubles.

Court records show a prosecutor intends to use expert witnesses, including a Madison fire department command staff member, to fortify Andrew Spear set his wife on fire.

Mary Spear was not seriously hurt.


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