MIAMI -- The man convicted of stalking tennis star Martina Hingis was granted the right to submit questions to an assistant state attorney regarding the prosecutor's relationship with Hingis.

Dubravko Rajcevic, 46, who is serving a two-year jail sentence, wants his conviction tossed out because of a relationship between Hingis and Assistant State Attorney Christopher Calkin.

Circuit Judge Kevin Emas ruled Friday that Rajcevic's lawyer, Frank Abrams, could take a deposition from Calkin and co-prosecutor Ergio Fernandez. Emas also ordered Calkin to turn over his personal phone records going back to before the start of Rajcevic's trial through mid-June for him to review under court seal.

Assistant State Attorney Penny Brill argued there was no indication that the relationship between Calkin and Hingis caused any prejudice against Rajcevic, but Emas said the public's confidence in the integrity of the judicial process was an issue.

"The court has to be concerned with the appearance of impropriety," Emas said.

Calkin, who has taken himself off the case, has said he and Hingis began their relationship after Rajcevic was sentenced in April and it played no part in the trial. He declined comment Friday.

Abrams said there must have been some kind of understanding between Calkin and Hingis for the relationship to have begun just two days after his client was sentenced.

Hingis was Calkin's star witness in Rajcevic's three-day trial, which ended with misdemeanor stalking and trespassing convictions for his appearances at a Miami area tournament after police warned him to stay away.

Rajcevic, a Croatian-born naval architect and Australian citizen, never overtly threatened Hingis and was never caught with a weapon, but Hingis and others took his love letters, his trips to her Swiss home and other persistent attempts to contact her as threatening.

During the hearing Friday, Rajcevic insisted he had a relationship with Hingis and said Calkin stole Hingis from him.

"He would never have gotten the chance to meet and talk with Martina Hingis but for my case," Rajcevic told the court.

Rajcevic can still appeal his conviction before a circuit appellate court.

Emas denied a motion by Abrams asking to depose Miami-Dade County State Attorney Katherine Fernandez Rundle and anyone else in the State Attorney's Office who might have knowledge of the relationship between Calkin and Hingis.

Abrams also asked the court to order Hingis to give a deposition. Emas said he did not have the jurisdiction to do so, but ordered prosecutors to turn over Hingis' last known Florida telephone numbers to Abrams.

Hingis has a home in Wesley Chapel, about 25 miles north of Tampa. She was playing in the U.S. Open in New York Friday.

Calkin agreed to give his deposition on Wednesday. Emas scheduled an evidentiary hearing for Oct. 5.