Madonna‘s alleged stalker has decided that he wants his day in court. The New York Daily News reports that  Robert Linhart has refused the plea agreement that would give him one-year in jail, and he plans to contest his case in court. The 61-year-old retired firefighter is turning down the more lenient sentencing and taking his chances with a judge.  The next step is a hearing on Feb. 21, which could result in a trial.

Linhart is charged with weapons possession after New York police found him with a knife in his fanny pack and an ice pick in his truck in separate incidents outside Madonna’s Upper West Side residence in 2010. He also carried signs declaring his love for the superstar.

That’s scary stuff, but his attorney, Kevin Kitson, says his client did nothing illegal and was just waiting for a chance to see his idol, the way any fan might. “The New York City Police Department in this case was a servant of the private security of Madonna, doing a celebrity’s bidding,” Kitson said. “If you have enough money and power, the rules are different.”

Linhart posted $20,000 bail and was ordered to stay away from the singer. Having this guy behind bars would have been a relief for Madonna, who has much more important things to worry about right now, with her Super Bowl performance coming up in a few weeks and her new album ‘M.D.N.A.‘ arriving in the spring.