Wells opts not to testify

Scott Wells' criminal trial resumed Monday, but the Monroe County councilman didn't take the stand. Both the prosecution and defense rested without Wells' expected testimony.\n"I absolutely wanted to testify and talk about my innocence," Wells said. "But when you're winning a case and all the evidence is in, why risk it?"\nThe state has charged Wells with misdemeanor battery, operating while intoxicated, resisting law enforcement and disorderly conduct. The charges resulted from a Sept. 27, 2002, traffic stop by the Indiana State Police.\nSince the arrest, Wells, a Democrat, has insisted he was set up and assaulted by state police in a character assassination plot.\nThe incident began when Bud Bernitt, a political enemy of Wells, called off-duty state trooper and then-Republican sheriff candidate J.D. Maxwell. Bernitt told Maxwell he had seen Wells in downtown Bloomington urinating in public and stumbling to his car. State troopers were dispatched to the area of 6th and Dunn Streets where they waited for Wells, tailed him, and finally pulled him over.\nThe trial resumed after special prosecutor Stan Levco returned from his teaching commitment at a week-long prosecutor's seminar. Before the break, both Levco and the defense team of David Colman and Elizabeth Cure expressed concerns of juror integrity. Special judge Frank Nardi instructed jurors not to talk about the trial and to refrain from watching and reading news of the trial during the break.\nOne juror was accused of talking to a co-worker during the hiatus; however, the co-worker would not come forward so nothing came of the accusation.\nAfter each side finished its arguments, the jury took a trip to the scene of the arrest at 6th and Dunn Streets.\nJudge Nardi told jurors not to investigate the scene, but to get a feel for the area detailed during the trial.\nAs the defense finished its presentation, a toxicologist took the stand to assert that Wells could not have had a blood alcohol level of more than .03 at the time of his arrest based on the amount of liquor consumed and the length of time passing between consumption and the arrest.\nThe defense also called Monroe County councilman Mark Stoops to the stand to testify on the merit of Wells' character. Stoops has served on the county council with Wells and said he considered Wells a friend.\n"Scott is very assertive and very emotional with his arguments, but his character is peaceful and honest," Stoops said. "He has a very high moral code and he follows it strictly."\nStoops said he and Wells would occasionally grab a beer together but he had never seen Wells intoxicated or drink more than three beers in one sitting.\nWells' brother, Steve, also testified on behalf of his brother's moral character. Steve Wells said he interacted with his brother after he was arrested but said he seemed preoccupied.\nAfter the defense rested, the prosecution re-questioned arresting officer Travis Coryea. Coryea described the scene the night of Wells' arrest and debated whether or not the arrest involved a cruel take down.\n"The sidewalk wasn't as lopsided and jagged in the area where Mr. Wells was standing," Coryea said, describing the area where Wells was arrested.\nDale and Lee Jones, friends of Wells, testified that an empty beer bottle found in Wells' car during the arrest was left over from a social gathering they had with Wells. \nAccording to the testimony, Wells would occasionally bring a beer for himself and Dale when Wells would go to Jones' house. Often times neither would finish his beer, but Wells would pour out the unfinished beer and take the empty bottle back to his home for recycling.\nOne of Wells' attorneys, Elizabeth Cure, said she felt confident the defense presented its case fully, and Wells questioned whether the prosecution proved his guilt beyond a reasonable doubt.\n"What's scary is that if I didn't have great lawyers the police could have written whatever they wanted in their report and it would be what everyone believed," Wells said. "It's sad the state police has had its reputation tarnished because of two guys because there are good officers there."\nThe trial will take a one-day recess for Veterans Day, but will continue Wednesday when the jury is expected to reach a verdict.\n-- Contact senior writer Mitch Blacher at mblacher@indiana.edu.