Wells informant takes the stand

Monroe County Councilman Scott Wells' defensive team of David Colman and Elizabeth Cure began their presentation in support of Wells Wednesday. Colman questioned Bud Bernitt, the Bloomington resident who initially reported Wells to the Indiana State Police.\nThe state has charged Wells with misdemeanor battery, operating while intoxicated, resisting law enforcement and disorderly conduct. The charges stem from a traffic stop by state police following the report. \nColman introduced Bernitts' cell phone records from Sept. 27, 2002, the night of Wells' arrest.\nThe record showed Bernitt placing a call to State Policeman and then-Republican Sheriff candidate J.D. Maxwell at 7:41 p.m. Colman argued it was this call where Bernitt reported Wells to Maxwell. According to the testimony of Ron Stanhouse, manager of Crazy Horse, 214 W. Fifth St., he and Wells had a 20 minute conversation on Sept. 27 until at least 7:50 p.m.\nBernitt said there was a perfectly good explanation for the call, but it wasn't to report Wells.\n"I'd tell you what happened," Bernitt told Colman. "But you don't want the truth."\nSince he was arrested, Wells has continued to insist he was set up because of his political success.\n"How could he have seen me staggering and urinating when I hadn't even left the bar yet," Wells said. "The phone records clearly show I couldn't have been where these people say I was."\nWells was arrested at 9:52 p.m. Two minutes after State Police Trooper Stacy Brown pulled Wells over for what he said was a seat belt violation, Bernitts' phone records show a phone call to local real estate developer Steve Smith.\nThe $725,000 home of Steve Smith burned to the ground on June 27, 2002, and local Republicans including Leo Hickman, Franklin Andrews, J.D. Maxwell and Bud Bernitt accused Wells, an environmentalist Democrat, of knowing more about the fire than he led on. Investigators found a propane tank in the garage of the 3,400 square-foot home, which caused suspicions of arson.\nThe fire came shortly after Smith was fined nearly $50,000 by the Monroe County Planning Department for violating state regulations concerning construction, tree clearing and erosion control.\nSmith also received a $23,100 fine for violating a zoning ordinance.\nAccording to Bernitt's testimony, Wells and then County Commissioner Brian O'Neill cast votes in favor of invoking fines on Smith. Along with the fines, Bernitt, a local real estate agent, said Wells and O'Neill helped stonewall 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.\nColman questioned Bernitt about his involvement with certain business endeavors, including his dealings with Smith. Bernitt said Wells voted at county council meetings to fine him for violating certain ordinances. O'Neill said 10 days before Wells' arrest he was followed by a sheriff's deputy after dining at the Crazy Horse. O'Neill said the same people who set up Wells were going after him.\n"There are certain things the citizens of this county need to know," O'Neill said.\nO'Neill is expected to testify today.\nColman proceeded to ask Bernitt about messages he had posted on Hoosier Talk, The Herald-Times on-line message board. The messages showed a vicious sentiment for Wells from Bernitt. \n"Scott Wells, you are a hypocrite, and when I'm done with your sorry rear every person in the county is going to know it," Bernitt wrote on the message board under "tree cutter," one of his user names.\nSeveral message board posts were shown to the jury despite protests from Bernitt that the posts had been altered.\n"These documents seem to have been manipulated," Bernitt said. "There is a lot more to this, but I'm not going to play all my cards."\nBernitt said he has curtailed his message board usage and public comments concerning Wells because of his attorney's advice. \nColman continually reiterated that the state stipulated the presented posts were accurate reproductions of the original messages.\n"If that's what the state said then you and the state are wrong," Bernitt told Colman.\nSpecial Prosecutor Stan Levco said he has no reason to believe the documents had been altered.\nLevco finished his presentation against Wells Wednesday. His final witness, arresting office Travis Coryea, said Wells wouldn't have been pulled over if he had been wearing a seat belt.\nLeasa Farkas, coordinator for Mothers Against Drunk Driving, said the trial should focus on the facts concerning Wells' arrest and not a political scandal.\n"I remind you what this case should really be about," Farkas said. "Bud Bernitt is not the one on trial."\nThe trial continues at 9 a.m. today at the Monroe County Courthouse.\n-- Contact senior writer Mitch Blacher at mblacher@indiana.edu.