A man accused of stalking Madonna has turned down a plea deal with a year-long sentence.

Robert Linhart's lawyer Kevin Kitson claims his client should not have been arrested after two incidents near to the singer's New York home in September 2010, despite being found with a knife in a bag and an ice-pick in his truck.

He was also found with signs professing his love for the 'Like a Virgin' hitmaker.

Kitson said: "The New York City Police Department in this case was a servant of the private security of Madonna doing a celebrity's bidding. If you have enough money and power, the rules are different."

Linhard - a 61-year-old retired New York fire fighter - will now attend a hearing on February 21 which may lead to a trial.

He is currently out of prison on $20,000 bail but has been ordered to stay away from the 53-year-old pop star-turned-director.

According to court documents written at the time, Robert believed he had a right to be outside her home, where he had written notes on the pavement including "meet me please" and "tell me yes or no".

He said: "I can be here. This is police brutality. I have a right to do this. I am not doing anything wrong."