Court Hearing: Wells vs Bernitts 8/17/09 at 11 AM

[VietVet]

No VV, you misunderstand.

Oh. Thank you.

[Monty]

No VV, you misunderstand.

Monty is saying he doesn't believe Wells' account about being set-up, because of a separate and completely unrelated incident in which he witnessed Scott Wells showing his temper.

In other words, Monty convicts people (at least in his own mind) based on prejudices inspired by past actions, and not what they may or may not have actually done in the present.

You should do your reading before spouting off. Maybe it would allow you to think for yourself. Or not!

[Monty]

I don't believe Wells account. I watched him engage in a shouting match with an older man and was willing to go out of the room to settle their diferences in a physical manner. He has a short fuse and a temper. They don't call him Bulldog for nothin'

Well DD I don't think this says Wells is guilty or not. I just do not believe everything he says. Like I also said he may or may not be guilty or innocent. If he is guilty shame on him if not shame on them.

[dd]

So, you don't believe Wells' account of what happened that day, but you don't know if he's guilty or not?

Perhaps you want to re-quote yourself one more time wherein you say that you don't believe Wells to have been honest about what happened, based on a prior, unrelated incident in which you saw him show anger to someone else?

[czyn]

Monty wrote: “No specifics I wish to share, but it is my eyewitness account. I have no dog in this hunt and will let the court decide.”

Clearly Monty you have not read the previous posts listed above.

The previous Court has Decided.

Scott Wells was Acquitted of Felony Battery and Resisting Arrest Charges that both Amy and Bud Bernitt and State Troopers Stacey Brown and Travis Coryea claimed Wells was guilty of. Bud and Amy Bernitt directly accused Scott Wells under oath of “attacking police officers by striking repeated blows with his fists, and attempting to take away one of their guns.”

The Tort Claim Filed by Mr. Wells above in the previous posts: “2. Mr. Wells' Complaint for Damages alleges that the Bernitts falsely claimed to J.D. Maxwell of the Indiana State Police and others, including the media, that they observed Mr. Wells urinating in a public place, staggering, driving recklessly almost hitting pedestrians, and attacking police officers by striking repeated blows with his fists, and attempting to take away one of their guns.”

Monty saying you have, “No specifics I wish to share” while throwing out innuendo of smear against Scott Wells with no facts proves that you do have a “dog in this hunt”. Please elaborate.

Just found this on the Internet. It really looks bad for GOP Activists Bud and Amy Bernitt as well as Indiana State Policeman Stacey Brown and Travis Coryea. If the Affidavits and Trial Testimony mean anything, then they all have committed PERJURY.

http://www.heraldtimesonline.com/stories/comments/cmt.php?sto_uri=L3N0b3JpZXMvMjAwOC8wNi8yNi9uZXdzLnFwLTIzODQ0OTIuc3Rv&start=12

FROM: T.O.
Monday, December 22, 2008: 10:37 am

As a person who was at that Trial when the Troopers were on the witness stand testifying, it was amazing the amount of time that Coryea and Brown stated under oath how Scott Wells was fighting with them, blading off, coming at them with clenched fists. Then Bud Bernitt testified where he said under oath that Wells through numerous punches and he was grabbing for their guns. Perhaps the funniest part of the Trial that I remember was when the Defense called Amy Bernitt to the witness stand and had to do a demonstration in front of the jury on how Scott was doing all that agressive violence directed at the Troopers...This lead to the felony battery charges and resisting arrest that were later filed. Wow...

Of course in the end, the jury did not believe any of their testimony as Scott Wells was acquitted of felony battery and resisting arrest. The fact that Scott Wells was convicted of anything, when you take into account the bogus police report with the impossible time frame, makes me wonder how Wells was convicted of anything made me believe this whole episode made a mockery of justice.

After seeing all those injuries inflicted on Scott Wells, doesn't he have any recourse against making a false crime report and police brutality against Amy and Bud Bernitt and Troopers Coryea and Brown?

[RegalDaddy]

AFFIDAVIT OF RONALD W. STANHOUSE

IN THE MATTER OF:
SCOTT D. WELLS,
Plaintiff,

v.

HERMAN BUD BERNITT, individually,
AMY BERNITT, individually,
J.D. MAXWELL, as an employee of the Indiana State Police,
TRAVIS CORYEA, as an employee of the Indiana State Police,
STACY BROWN, as an employee of the Indiana State Police,
INDIANA STATE POLICE,
OTHER UNKNOWN EMPLOYEES OF THE
INDIANA STATE POLICE, and
STATE OF INDIANA,
Defendants.

AFFIDAVIT OF RONALD W. STANHOUSE

I, Ronald W. Stanhouse, under the penalty of perjury affirm that I have personal
knowledge of the matters set forth in this Affidavit.

1. As of the 27th day of September, 2002, I was a co-owner of the Crazy
Horse Tavern located in Bloomington, IN.

2. On the 27th day of September, 2002, in the early evening Scott Wells, with
whom I was previously acquainted, was present in my establishment.

3. Between 7:30 and 8:00 p.m. on the evening of Friday, the 27th day of
September, 2002, I had an approximately twenty-minute conversation with
Scott Wells, which I viewed as extensive and which ended when I left the
premises.

4. Scott Wells occasionally visited my establishment on Friday evenings, and
usually left early.

5. When Scott Wells left my presence, on the 27th day of September, 2002, at
8:00 p.m., I observed in him no signs of alcohol impairment in his mental
or motor functions whatsoever. He seemed perfectly normal to me.

Further Saith the Affiant Not:
Ronald W. Stanhouse
Co-owner of the Crazy Horse Tavern

STATE OF INDIANA )
) SS:
COUNTY OF MONROE ) to-wit:

Before me the undersigned, A Notary Public for Monroe County, State of Indiana,
personally appeared Ronald Stanhouse and acknowledged the execution of this
instrument this 9th day of March 2007.

MATTHEW FEECE, Notary Public

My commission expires: June 20th, 2013

[RegalDaddy]

AFFIDAVIT OF LEE WILLIAMS

IN THE MATTER OF:
SCOTT D. WELLS,
Plaintiff,

v.

HERMAN BUD BERNITT, et al.,
Defendants.

AFFIDAVIT OF LEE WILLIAMS

I, Lee Williams, under the penalties of perjury and based upon my personal knowledge,
affirm that:

1. In 2002 I was the Director of the Lotus Music Festival in Bloomington Indiana.

2. As a part of the Festival, portions of various roadways in downtown Bloomington
were closed to vehicular traffic.

3. 4th Street was closed to vehicular traffic between College and Walnut Streets from
Friday, September 27th, 2002 at 7:00 a.m., until Sunday, September 29th, 2002 at
3:00 a.m.

4. The full West end of 4th Street was blocked to vehicular traffic by barricades,
from College Avenue to Walnut Street, which made it impossible for a car to
travel in an easterly direction.

Further Saith the Affiant Not:

Lee Williams
Director of the Lotus Music Festival

STATE OF INDIANA )
) SS:
COUNTY OF MONROE ) to-wit:

Before me the undersigned, A Notary Public for Monroe County, State of Indiana,
personally appeared Lee Williams and acknowledged the execution of this
instrument this 8th day of March 2007.

MATTHEW FEECE, Notary Public

My commission expires:
June 20th, 2013

[RegalDaddy]

AFFIDAVIT OF SCOTT WELLS

SCOTT D. WELLS,
Plaintiff,

vs

HERMAN BUD BERNITT, individually,
AMY BERNITT, individually, J.D.
MAXWELL, as an employee of the Indiana
State Police, TRAVIS CORYEA,
individually, and as an employee of the
Indiana State Police, STACY BROWN,
individually, and as an employee of the
Indiana State Police, INDIANA STATE
POLICE, OTHER UNKNOWN
EMPLOYEES OF THE INDIANA STATE
POLICE, and STATE OF INDIANA,
Defendants.

AFFIDAVIT

Scott D. Wells, being first duly sworn upon his oath, deposes and says as follows:

1. On or about Friday the 27th day of September 2002, between 6:50 p.m. and 8:00 p.m.,
I was at the Crazy Horse, a restaurant and bar in Bloomington, Indiana.

2. I had consumed no alcohol prior to my arrival at the Crazy Horse, and while there, I
had only one normal-sized beer.

3. In Court, under Cause #53C04-0211-DF-OI030, Bud and Amy Bernitt stated that they
followed my vehicle from the parking lot at the Crazy Horse to the area of Sixth and Dunn streets,
claiming that I traveled east on Fourth Street between College and Walnut.These statements of
Bud and Amy Bernitt are wholly false. At the relevant times on the 27th day of September 2002,
the route over which the Bernitts claimed to have followed my vehicle, Fourth Street between
College and Walnut, was barricaded and closed to vehicular traffic. (See Affidavit of Lee
Williams.)

4. Under the proceeding above, Bud and Amy Bernitt testified that I approached the
intersection of Kirkwood and Walnut and attempted to make a right turn on a road closed to
vehicular traffic, causing pedestrians to have to scurry to avoid my recklessly driven vehicle.
Again, on that evening I was never at the intersection of Kirkwood and Walnut.

5. These claims by the Bernitts were false, alleging events which in fact could not have
possibly occurred and since they asserted that they had witnessed these events, the claims were
made with actual knowledge of falsity.

6. Bud and Amy Bemitt telephoned Officer J.D. Maxwell, recounting their false
statements and falsely claimed observations of my staggering and appearing to urinate on the
street in public. One hour and fifty minutes later I was pulled over in my vehicle and detained by
Officer Stacy Brown.

7. I did not stagger when I exited the Crazy Horse, I did not urinate or appear to urinate
on the street there, or at any other place. I did not drive the route claimed by Bud and Amy
Bernitt between the Crazy Horse and the parking lot at Sixth and Dunn, and indeed the route that
I heard them describe was physically impossible to drive on the evening in question, because
the road was barricaded and closed to vehicular traffic.

8. Based upon the Bernitts' above assertions, I was arrested and charged with, Operating
a Vehicle While Intoxicated in a Manner that Endangered a Person, Felony Battery on a Law
Enforcement Officer, Disorderly Conduct, Resisting Law Enforcement, Public Intoxication and
Failure to Use Front Safety Belt.

9. Before the trial, the State amended the charge of Felony Battery on a Law Enforcement
Officer to a Class "A" misdemeanor Battery on a Law Enforcement Officer and dismissed the
charges of Public Intoxication and Failure to Use Front Safety Belt.

10. I was acquitted of the charges of Battery on a Law Enforcement Officer and Resisting
Law Enforcement, and convicted of Operating a Motor Vehicle While Intoxicated Without
Causing Endangerment and Disorderly Conduct.

11. I had no ulterior motive for filing the Complaint for Damages against the Bernitts.
Based on their false reports I was arrested and charged with crimes of which I was acquitted and
my sole purpose was to hold them accountable for their actions.

FURTHER AFFIANT SAYETH NOT.

Scott D. Wells
Plaintiff

SUBSCRIBED AND SWORN to before me, a Notary Public, this 22nd day of June, 2009.

Teresa D. McKinney
Notary Public
Resident of Owen County,
State of Indiana

My Commission Expires:
October 2, 2014

[RegalDaddy]

AFFIDAVIT OF AMY BERNITT

SCOTT D. WELLS,
Plaintiff,

vs.

HERMAN BUD BERNITT, individually,
AMY BERNITI, individually,
J.D. MAXWELL, as an employee of the Indiana State Police,
TRAVIS CORYEA, individually, and as an employee of the Indiana State Police,
STACY BROWN, individually, and as an employee of the Indiana State Police,
INDIANA STATE POLICE,
OTHER UNKNOWN EMPLOYEES of the
INDIANA STATE POLICE, and
STATE of INDIANA,
Defendants.

Affidavit of Amy Bernitt

1. I am over the age of 18 years old am competent to testify, and have
personal knowledge of the matters stated herein.

2. I am married to Herman Bud Bernitt ("Bud").

3. On September 27, 2002, Bud and I were sitting in our truck parked in a
parking lot across the street from the Crazy Horse tavern in Bloomington, Indiana,
when we each observed an individual exit the Crazy Horse and walk in our general
direction. This individual appeared to me to be intoxicated, based on my observation of
his demeanor. Eventually, I came to believe this individual was Scott Wells ("Wells").

4. After exiting the Crazy Horse, Wells staggered across the street, appeared
to urinate on the railroad tracks, showed other obvious signs of intoxication, entered a
vehicle, and drove onto the public streets of Bloomington.

5. After Wells exited the parking lot, Bud and I followed him in our truck
through the public streets of Bloomington.

6. After following Wells in our truck, Bud telephoned an Indiana State Police
officer, J.D. Maxwell, and reported his suspicions of Wells' drunken driving.

7. Shortly thereafter, when another Indiana State Police Officer arrived on
the scene, Bud recounted his personal observations of Wells' apparently drunken
driving to such Officer.

8. During the early morning hours of September 28, 2002, I filled out a
written police report recounting my personal observations as to Wells' apparently
intoxicated behavior and driving.
9. I made my report to the police under the good faith belief that I was
truthfully and accurately recounting events that I had personally observed.

10. During the weeks and months prior to September 27, 2002, Wells was a
highly visible, vocal advocate of controversial issues in his service as a Monroe County
Councilman.

11. In November 2003, I testified as a witness at the criminal trial of Wells on
charges brought against him resulting from events that occurred on the night of
September 27, 2002.

AFFIRMED UNDER THE PENALTIES OF PERJURY this 8 day of February, 2007.

Amy Bernitt

I:2002/02289/02/PJeadings/Surnrnary Judgment/Affidavit Amy

[RegalDaddy]

AFFIDAVIT OF BUD BERNITT

SCOTT D. WELLS,
Plaintiff,

vs.

HERMAN BUD BERNITT, individually,
AMY BERNITT, individually,
J.D. MAXWELL, as an employee of the Indiana State Police,
TRAVIS CORYEA, individually, and as an employee of the Indiana State Police,
STACY BROWN, individually, and as an employee of the Indiana State Police,
INDIANA STATE POLICE,
OTHER UNKNOWN EMPLOYEES of the
INDIANA STATE POLICE, and
STATE of INDIANA,
Defendants.

Affidavit of Herman Bud Bernitt

1. I am over the age of 18 years old am competent to testify, and have
personal knowledge of the matters stated herein.

2. I am married to Amy Bernitt ("Amy").

3. On September 27, 2002, Amy and I were sitting in our truck parked in a
parking lot across the street from the Crazy Horse tavern in Bloomington, Indiana,
when we each observed an individual exit the Crazy Horse and walk in our general
direction. This individual appeared to me to be intoxicated, based on my observation of
his demeanor. Eventually, I came to believe this individual was Scott Wells ("Wells").

4. After exiting the Crazy Horse, Wells staggered across the street, appeared
to urinate on the railroad tracks, showed other obvious signs of intoxication, entered a
vehicle, and drove onto the public streets of Bloomington.

5. After Wells exited the parking lot, Amy and I followed him in our truck
through the public streets of Bloomington.

6. After following Wells in our truck, I telephoned an Indiana State Police
officer, J.D. Maxwell, and reported my suspicions of Wells' drunken driving.

7. Shortly thereafter, when another Indiana State Police Officer, Stacy Brown,
arrived on the scene I recounted my personal observations of Wells' apparently
intoxicated behavior and driving to Officer Brown.

8. During the early morning hours of September 28, 2002, I filled out a
written police report reiterating the report I had made to Officer Maxwell regarding my
personal observations as to Wells' apparently intoxicated behavior and driving.

9. I made my report to Officer Maxwell and the police under the good faith
belief that I was truthfully and accurately recounting events that I had personally
observed.

10. During the weeks and months prior to September 27, 2002, Wells was a
highly visible, vocal advocate of controversial issues in his service as a Monroe County
Councilman.

11. In November 2003, I testified as a witness at the criminal trial of Wells on
charges brought against him resulting from events that occurred on the night of
September 27, 2002.

AFFIRMED UNDER THE PENALTIES OF PERJURY this 9th day of February, 2007.

Herman Bud Bernitt

I:2002/02289/02/Pleadings/Summary Judgment/Affidavit Bud

[czyn]

If those Affidavits by Ron Stanhouse and Lee Williams are TRUE contrasting them to Bud and Amy Bernitts' sworn Affidavits, then this is very troubling because Stanhouse and Williams are unbiased witnesses. It clearly showed that Bud and Amy Bernitt Lied under Oath in their Affidavit, Depositions, and Trial Testimony and therefore, committed Perjury. Both Bernitts Affidavit where it stated that they "followed" Scott Wells in effect means that they stalked him as well.

In addition more information on the internet shows a even more entangled web as to the motivation for Bud and Amy Bernitt to stalk Wells. It shows a connection back to the Scott Wells Defamation Lawsuit which he won big on last year and the Motivation to do Wells in: Quote: "Was all of this done to Scott Wells because he brought about enviromental corrections that involved developer Steve Smith who had been fined over $40,000 at Pedigo Bay on Lake Monroe?"

Most know that Bud Bernitt was one of the biggest cheerleaders for Developer Steve Smith's Pedigo Bay Development on Lake Monroe.

http://www.heraldtimesonline.com/stories/comments/cmt.php?sto_uri=L3N0b3JpZXMvMjAwOC8wNi8yNi9uZXdzLnFwLTIzODQ0OTIuc3Rv&start=24

T.O.
Wednesday, December 24, 2008: 8:47 am
Highest Rated (+15)

What made this whole sordid affair so compelling for Wells case to anyone listening to the witnesses testifying under oath in the court room, was that the eye witness reports who were standing across the street, and there was I think at least six who testified in Wells defense, said the Troopers threw Wells to the sidewalk face forward with his hands behind his back. I believe one of the six stated he was dropped like a sack of potatoes and another stated it was such a violent takedown that they thought the Troopers had discovered a pound of heroin in his car and said it must have really hurt. Looking at the pictures of Wells injuries said it all when they were shown to anyone who was looking at them in the court room. I could not believe the serious damage that was inflicted on Wells' knee, ankle, elbow, and forehead by the Troopers, when according to eye witnesses he was just standing there conversing and with no warning was violently taken down.

That is why when Amy Bernitt did her demonstration in front of the jury as to how Wells allegedly was throwing punches and grabbing for their guns proved to me at least that her concocted story was so obviously made up. The Bernitts, Troopers did not get to hear the others testimony and it was such a stark contradiction. Since the the jury acquitted Wells of Felony Battery and Resisting Arrest, they obviously did NOT believe any of the Troopers or Bernitts Testimony.

The one thing that really stood out in my mind was when Wells was being thrown to the ground according to eye witnesses, Bud Bernitt was talking to Steve Smith for a long time on the phone, I think it was about 20 minutes or so (the defense attorney showed slides of all of the phone records). Was all of this done to Scott Wells because he brought about enviromental corrections that involved developer Steve Smith who had been fined over $40,000 at Pedigo Bay on Lake Monroe?

[Curmudgeon]

Well I truly have no dog in this fight and the evidence doesn't look good for those aligned against Wells.

[czyn]

I forgot to mention the one thing I remembered the most when I was at the Trial of Wells versus the State was when they put up Bud and Amy Bernitts Cell Phone Records. If I recall there was over 40 calls sent and received in about 3 hours by the Bernitts.

But the thing that the Defense Attorney of Scott Wells went over and over at the Trial was the 18 minute Cell Phone Call that Bud Bernitt made to Steve Smith at the very same time Scott Wells was brutally thrown down on the sidewalk face first and pummeled by Trooper Stacey Brown and Trooper Travis Coryea. Scott Wells has permanent injuries as a result of the Indiana State Police Actions. When I saw those pictures at Trial particuliarly the ones on his knee, ankle, elbow and head, I cringed.

Did the Bernitts also call "CODE BLUE" to "BOSS HOG" on their rapid fire speed dial cell phone as well?

Was Bud Bernitt giving the Play-by-Play Action on the Street and Sidewalk to Steve Smith at that time???

[VietVet]

I wonder why the HT hasn't presented any of this?

[crinklecrust]

VietVet wrote-

I wonder why the HT hasn't presented any of this?

HT is simply protecting its developer advertising clients which bring in big $$$. Newspapers sink or swim by advertising. Remembering the trial over five years ago a lot those damning written posts were authored by Bud and Amy Bernitt which proved their absolute hatred towards Scott Wells and other Democrats and proved their motivation to get Wells on a False Police Report as those Affidavits clearly prove. Everybody in the court room who saw those posts could not help but see the Herald Times supported all of that nasty ill will because their Herald Times logo was written on all of those authored posts by the Bernitts for all to see--on their former, now defunct internet webpage called Hoosier Talk. The HT pulled that web page soon after it was exposed at one of the Pre-Trials. Quite embarrassing to the HT.

The Herald Times does not want to be embarrassed again. Many of those Bernitts' Posts were in defense of Steve Smith developer of Pedigo Bay where they continually smeared Wells as though he set the fire at Pedigo Bay at the same time Steve Smith was advertising lots for sale at Pedigo Bay in the Herald Times newspaper.

So to say, if this new recent information goes into print in the newspaper that would be the start of exposing the real story about this whole sordid affair that destroyed reputations all the way around. Of course the HT's brilliant strategy is simply do not cover any of it and simply cover for the advertising dollars that it protects because advertising is the life blood of the HT. But there is one helluva story here but it would expose some of the very elite in this community more reason to simply do not cover it.