Sergeant's testimony read at Wells trial

Jurors in the criminal trial of Monroe County Councilman Scott Wells heard testimony Tuesday from state police Sgt. J.D. Maxwell, the man Wells says is responsible for his set-up.\nMaxwell's deposition was read aloud in front of the jury because the sergeant is suffering from a cancerous brain tumor that has left him with memory loss. He was not in the courtroom, but his deposition was taken before he began suffering from cancer.\nThe night of Wells' arrest, Maxwell said he was watching a football game when he received a phone call from Bud Bernitt, a supporter of Maxwell's 2002 campaign for Monroe County Sheriff.\nMaxwell said he did not associate with Bernitt socially but liked his work ethic in support of local Republican politics.\nMaxwell said Bernitt called him while he was off duty to report the "drunk as a skunk" Wells urinating in downtown Bloomington.\n"I told him I can't get involved in this," Maxwell said. "I told him you'll have to call the station and report it."\nMaxwell said Bernitt insisted on having the state police investigate his complaint.\n"On a normal basis we would refer this to the city police," Maxwell said. "But when a complainant specifies that he wants a state police officer, we try to satisfy that request."\nMaxwell said he then called the state police dispatch and asked which state troopers were available for the investigation.\nTrooper Stacy Brown responded to the complaint and pulled Wells over near the corner of Sixth and Dunn Streets.\nSpecial Prosecutor Stan Levco also called two Bloomington Police Department officers who assisted with Wells' arrest to testify.\nBPD Officer Tiffany Willingham told the court that Wells was on the ground and in handcuffs when she arrived on the scene.\n"I saw the state policemen fixing their uniforms and tending to some scratches," Willingham said.\nShe transported Wells from the arrest site to the Monroe County jail because her squad car, unlike the state police cars, was equipped with a protective cage separating the suspect from the officer.\n"He kept asking why I would pull him out of a car and beat him up for a seat belt violation," Willingham said. "Based on the fact that he kept asking the same question over and over, that suggested to me that he was impaired."\nThe state has charged Wells with misdemeanor battery, operating while intoxicated, resisting law enforcement and disorderly conduct, stemming from the arrest.\nBPD Sgt. Scott Oldham also testified Tuesday and said he heard Wells yelling and screaming but could not make out any words when he first arrived.\n"It was obvious that Mr. Wells continued to be belligerent," Oldham said. "He would talk in a normal speaking voice and then erupt again."\nBoth officers said they offered Wells a blood test several times at the Monroe County jail, but Wells continued to refuse. \nWells said he was never offered a blood test.\nOn the night of his arrest, Wells visited certain Bloomington restaurants and bars, including the Crazy Horse, where he spoke with manager Ron Stanhouse. Stanhouse testified Tuesday that he and Wells had a 20-minute conversation on Sept. 27, 2002, the night of Wells' arrest.\n"I didn't see him come in or leave, but he was drinking a beer at the bar," Stanhouse said. "There is food available at the bar on Friday nights during certain times, including the time Wells was there."\nDefense attorney David Colman said he expects the prosecution to finish its presentation this Wednesday and begin his defense by midday.\nIf the trial goes past Friday, there will most likely be a week-long hiatus due to a prior legal commitment by Prosecutor Levco in his home, Vanderburgh County. The trial would resume Nov. 10.\nThe defense is expected to finish cross examination of Wells' arresting trooper, Travis Coryea, and call its first witness today. That witness is expected to be Bud Bernitt, Wells said.\nDay three of Scott Wells' trial begins at 9 a.m. Wednesday in the Monroe County Courthouse meeting room.\n-- Contact senior writer Mitch Blacher at mblacher@indiana.edu.