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Friday, May 17
The Indiana Daily Student

Taped conversation reveals assistant county prosecutor's involvement

The audio tape chronicling Scott Wells' arresting officer, Stacy Brown's, night on the job was not the only tape evidenced during Monday's trial. A second audio tape contained a conversation between state police dispatcher James Valentine and Assistant County Prosecutor Mary Ellen Diekhoff.\nThe tape includes Diekhoff's instructions to Valentine and other state police officers on how to write Wells' arrest report.\n"We have a county councilman," Valentine told Diekhoff. "He fought with ours guys on a DUI stop so we've got him resisting and all kinds of good stuff."\n"Who is it?" Diekhoff asked Valentine.\n"Uh ... Scott Wells," Valentine said.\n"You're kidding me?" Diekhoff replied.\nOn the tape, Valentine told Diekhoff that Indiana State Police First Sergeant Denny Kirkman wanted Valentine to get in contact with Diekhoff so the police report could include specifics other than typical arrest procedures.\n"You can bet he is going to allege that he is set up," Diekhoff told Valentine. "We've got to be prepared for the worst here because that's the nature of the game. I would go and try to see if you could find someone to back up what we're going to be doing."\nDiekhoff told Valentine the situation was going to be scrutinized and he and the parties involved should be as prepared as possible.\n"BPD (Bloomington Police Department) can collaborate what ISP (Indiana State Police) is saying so now you know if anybody wants to allege a conspiracy then now you got two agencies conspiring," Diekhoff said in the recorded call.\nDuring cross examination, defense attorney David Coleman asked Brown why he didn't originally call the city police since the arrest occurred in their jurisdiction.\n"He (J.D. Maxwell) asked me to do it," Brown said.\nBrown said he completed his report without any outside assistance.\n -- Contact senior writer Mitch Blacher at mblacher@indiana.edu.

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