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Defense argues for shorter probation for McLean

Associated Press - November 24, 2009 1:25 PM ET

KNOXVILLE, Tenn. (AP) - A Tennessee appellate court will decide whether Eric McLean, who was convicted in the shooting of his wife's teenage lover, must spend a dozen years on probation.

The Knoxville News Sentinel reported attorney Bruce Poston argued Tuesday before a three-judge panel of the Tennessee Court of Criminal Appeals, saying Criminal Court Judge Mary Beth Leibowitz bowed to pressure from the prosecutor.

McLean was convicted of reckless homicide in the March 2005 shooting death of 18-year-old Sean Powell as Powell sat in a vehicle in front of McLean's house.

McLean said the rifle discharged as Powell tried to take it away from him.

Assistant District Attorney General Leslie Price argued McLean could have gone to prison for the entire time. He served 71 days.

Information from: The Knoxville News Sentinel, http://www.knoxnews.com

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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