Councilman's proceedings postponed for 10-day recess

Scott Wells says he's going to get some sleep this week. The Monroe County councilman's criminal trial isn't over, but it is taking a 10-day break. Wells said he is going to use the break for rest rather than worry.\n"I've been getting about three hours sleep every night," Wells said. "Now I finally get the chance to get some sleep."\nSpecial Prosecutor Stan Levco committed to teach at a week-long prosecutor's seminar and will be unavailable until Nov. 10. Levco said he was "a little concerned" about the break because of the possibility jurors might gather information outside the trial.\n"If there are any problems, one of the alternative jurors will step in," Levco said.\nThe 10-day break is also a concern for defense attorney David Colman.\n"It's risky," Colman said. "You never know who will try to talk to the jury."\nColman said he was interested in newspaper accounts of the trial and used them to try to interpret what jurors might be thinking.\n"It's as close to a juror perspective as possible," Colman said speaking of trial news coverage. "The newspapers have been a very good third-person perspective, which is close to the perspective of a juror."\nDespite trial publicity, special judge Frank Nardi instructed jurors not to read, watch or listen to news of the trial.\nNardi apologized to jurors for the extended trial, but explained the importance of remaining unbiased.\n"I'm a firm believer in the integrity of jurors, and I trust all of you to follow my admonitions," Nardi said. "But the temptation is going to be great to talk about this trial."\nWells faces charges of operating while intoxicated, disorderly conduct, battery of a police officer and resisting arrest stemming from a Sept. 27, 2002, traffic stop by Indiana State Police.\nFriday's witness, Jason Moore, a graduate student in the fall of 2002, testified he witnessed police take Wells down in an "abrupt and very brutal way." \nMoore said he came forward because he read Wells was being charged with crimes he didn't commit.\n"I feel it is important that my testimony be heard and the truth of what happened that night be known," Moore said."\nMoore said he and his then-girlfriend stopped at the stop sign at Seventh and Dunn Streets for nearly two minutes where they saw state policeman beat Wells with nightsticks.\nLevco questioned Moore about how he could have stayed at a stop sign for two minutes without a significant back flow of traffic forcing him to move.\nSenior Sam Kaplin also testified Friday and was noticeably uncomfortable on the stand. He said after seeing what the police had done to Wells, he feared they would come after him.\n"I was just concerned with this being a small town and the police having a decent amount of power, I didn't want to get pulled over at every stop sign," Kaplin said.\nKaplin testified he was arriving home from the IU Auditorium when he noticed police cars outside his home. He said he saw the police talking to a man when all of a sudden they took him down.\n"I'd seen that move on cops before," Kaplin said. "I remember cringing and thinking 'Ouch, that would hurt.'"\nAfter witnessing the arrest, he said arresting officers Stacy Brown and Travis Coryea came to his house to question him. Kaplin testified he left out details when he spoke to the state troopers because he didn't want to be subpoenaed.\n"I lied to the police officers, and I apologized to them," Kaplin said.\nSince the trial's began, Wells' defensive team has insisted the outspoken environmental Democrat is the victim of a set up at the hands of his Republican enemies.\nBud Bernitt, a Republican realtor, called an off-duty trooper to report a staggering Wells getting into his car the night Wells was arrested.\nWells and former County Commissioner Brian O'Neill cast votes in favor of stonewalling a project to bring a Menards to a specific part of Bloomington. When the Menards didn't get built where Bernitt had planned, the Republican activist lost money from the project.\nBud Bernitt's wife, Amy, also testified Friday concerning her eyewitness account of Wells' condition prior to her husband's calling the police. She admitted she had mixed feelings about the councilman.\n"Christ tells us to love anyone, so I love him," Amy Bernitt said. "It doesn't really matter who it is, if it's a drunk person, he needs to be off the road."\nAmy Bernitt said she and her husband witnessed Wells' arrest, but both issued contradictory testimony to that of the IU student witnesses.\n"He was throwing punches," she said.\nThe trial will resume Nov. 10 at the Monroe County Courthouse.\n-- Contact senior writer Mitch Blacher at mblacher@indiana.edu.