Charges on councilman reduced

Monroe County is about to have its "Trial of the Century," says county councilman Scott Wells.\nFriday's pre-trial hearing brought favorable results for Wells when Special Prosecutor Stan Levco did not file the expected felony battery charge against Wells, opting instead for a misdemeanor. Levco also dropped a seat belt violation charge and a misdemeanor for public intoxication. Wells now faces charges of misdemeanor battery, operating while intoxicated, resisting law enforcement and disorderly conduct.\nThe lessened charges dissolve the possibility of Wells being forced to leave office, since by law he would be forced out if convicted of a felony.\nLevco said he believed the misdemeanor charge was more appropriate. He said he would not have filed charges unless they were supported by the evidence.\n"My job is to prove that he's guilty of these charges and that there's evidence to support it," Levco said. "There is a lot of evidence and a lot of potential witnesses. I've tried 20 to 30 murder cases in my life and none of them have had the volume of paper this one has."\nIf convicted of all the misdemeanor charges, Levco said Wells could face up to one year in jail.\nOn Sept. 27, 2002, Wells was pulled over by state police officers on the corner of Sixth and Dunn Streets. The report said he was suspected of drunken driving, but Wells said arresting officer Stacy Brown told him it was only for a seat belt violation. The situation then escalated, resulting in Wells' arrest on multiple charges.\nWells, a Democrat, said he was mistreated and assaulted by state police in a character assassination plot.\n"This is how democracy can go amuck," Wells said. "Who wants to run for office in a county when this kind of stuff goes on?"\nWells and his attorneys, David Coleman and Elizabeth Cure, have called the arrest "a political setup." They say Bud Bernitt, a local Republican activist, and former Republican Sheriff Candidate and Indiana State police Lt. J.D. Maxwell are the leaders of the scheme.\n"There was nothing going on behind the doors illegal of any kind," Maxwell said. "I was on routine patrol, I wasn't setting him up or anything, I was just doing my normal patrol."\nColeman said he plans to present evidence showing Bernitt followed Wells and informed Maxwell of Wells' position the night of his client's arrest. The defense will detail the night of Wells' arrest and focus on the arrest itself, Coleman said.\nThe jury trial begins Oct. 27 before Special Judge Frank Nardi. Jury selection will begin Thursday and pool prospective jurors from Monroe County.\n-- Contact senior writer Mitch Blacher at mblacher@indiana.edu.