Councilman avoids prison time

Monroe County's "Trial of the Century" came to a conclusion Wednesday afternoon after a 7-hour jury deliberation when Scott Wells, county councilman, was sentenced to a total of 240 days in prison. \nThat sentence was later suspended by Special Judge Frank Nardi, who felt Wells didn't deserve jail time. In the meantime, Wells must pay hefty fines and go without a driver's license for 90 days beginning on the date determined by the Indiana Bureau of Motor Vehicles. The varying court costs for Wells total to $509.50 with an additional $20 a month for 12 months probation ending on Jan. 9, 2005.\nMonroe County Court reporter Denise Tavares said Wells was found in violation of count one -- operating a vehicle while intoxicated -- and count four -- disorderly conduct. Wells was also originally charged for misdemeanor battery and resisting law enforcement but was later acquitted on those two charges.\nSpecial Prosecutor Stan Levco said the sentence did not come as a surprise.\n"The jury proved he was guilty, and it's time (Wells) serves his punishment," Levco said. \nAccording to Indiana State Police reports, the incident began on Sept. 27, when Wells was stopped in downtown Bloomington by a state trooper who was investigating a drunken driving complaint made by Wells' political adversary Bud Bernitt. Bernitt said he had seen Wells in downtown Bloomington urinating in public and stumbling to his car. The message was relayed to the State Police post and two state troopers were dispatched to Sixth and Dunn Streets where they pulled Wells over.\nDuring his arrest, trooper Stacy Brown asked Wells to take a breathalyzer test. Wells refused a test when pulled over and insisted it be administered at the Monroe County Jail. Police reports show Wells blew a .075 on the Breathalyzer, just under the legal limit of .08. \nWells, a Democrat, has insisted that he was set up and assaulted by state policemen Stacy Brown and Travis Coryea in a character assassination plot. While the defense argued political overtones were too clear for a conviction, the prosecution insisted the trial focused on the facts and not politics.\n"It is important that he is paying a price for what he did," Levco said. "The sentence proved the police were telling the truth, and that means justice was served."\nWells said defense attorneys David Colman and Elizabeth Cure will appeal, although he could not comment on an exact timeline. It will be done within the state-mandated 30-day period, he said. Wells cited his poor health as a reason for a possible delay.\n"I'm not done yet, we just need to recover, regroup, reload and refire," Wells said. "People are going to be wishing they've never pulled this stunt, but I just need to recover. I will be back. I'll refire when I'm ready, but I can't do it right now. I'm spent."\nWells also said information regarding the Indiana Supreme Court's rulings in similar politically charged cases will weigh heavily in his defense. He also said the disparity of the juror pool may be a factor. Ultimately, he believes his case will be ruled in his favor. \n"Down the road, I'm going to come out on top, but I have to be patient," he said.\nColman, Wells' attorney, echoes his client's hopefulness.\n"We're very optimistic about the appeal on the disorderly conduct charge because there are serious First Amendment free speech issues that have not yet been addressed," Colman said. "I don't think anyone in the case doubts this is a political setup."\nThough Colman said there shouldn't be any sentence at all due to the nature of the circumstances, he said the defense feels victorious in the case.\n"As a criminal defense attorney, any time my clients get the minimum possible punishment, it's the best turnout," Colman said. "He could have gone to jail, but the jury sided with us."\nHe also said the defense will appeal the sentence and has 30 days to do so. If the appeal is successful and granted by the Indiana Court of Appeals, there is an opportunity for a new trial.\n-- Contact general assignments editor Lori Geller at lfgeller@indiana.edu. City/State editor Kehla West contributed to this article.