Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 2, 1994 TAG: 9402020127
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: KAREN BARNES STAFF WRITER
DATELINE: BEDFORD LENGTH: Medium
Secretary of Public Safety Jerry Kilgore said former Attorney General Stephen Rosenthal asked for the inclusion of the state police in the investigation Nov. 19 - the same day special prosecutor Eric Sisler was named to the case.
The state police can be called into an investigation only at the request of a grand jury, the governor or the attorney general.
"The state police is involved in the investigation," Kilgore said. "Our policy is not to comment on ongoing investigations. But we want to wrap it up as soon as possible because it involves a public official."
The pace seems to be less than quick, however. Bedford County officials and business leaders say they have not been questioned by either the state police or investigators from the special prosecutor's office.
More than 2 1/2 months after the appointment of Sisler as special prosecutor, the investigation seems to be floundering.
Top county officials, including the administrator, accountant, attorney, treasurer and chairman of the Board of Supervisors, say they have had no contact with anyone involved in the investigation. Bank officers at Bedford Federal Savings Bank, where the interest-earning checking account was held, have not spoken with investigators, either.
Sisler, commonwealth's attorney for Rockbridge County, was named special prosecutor by Circuit Court Judge William Sweeney after Bedford County's Commonwealth's Attorney Jim Updike removed himself from the investigation, citing a close working relationship with Wells.
Updike has not been contacted, either.
Sisler is to determine if Wells broke any laws by channeling his department's monthly payroll - as much as $180,000 - through his personal, interest-bearing account, and whether he spent any money earned from that interest.
Wells, the county's top lawman since 1974, has admitted to mixing public and private funds, a misdemeanor under state law. But Wells said he set up the payroll system on the advice of Harry Scott, a now-deceased state auditor.
A former auditor, Charlie Trible, disputed the source of the advice, saying he could not imagine Scott telling anyone that interest earned off public money could be kept by a private citizen.
Any money earned in interest from the account - estimated to be at least $10,000 - must be returned to the commonwealth, said Walter J. Kucharski, state auditor of public accounts.
Sisler would not elaborate on what actions have been taken in the past 2 1/2 months or what the state police's role is in the investigation. He did say he was not sure if contacting various officials would be necessary.
"We may be in contact with them after we're done with this part of the investigation," Sisler said.
Sisler has not returned numerous phone calls to his office since the investigation started and did not return calls Tuesday.
Despite the intervention of the state police, there seems to be no end in sight, although Sisler initially promised results by Christmas.
An attorney in Wells' lawyer's office in Lynchburg did not mention the state police's involvement when questioned about it Tuesday, only commenting on the slow pace of the investigation. "We're looking forward to a conclusion, too," said John Alford Jr. "I just heard he's [Sisler's] got a lot of other things going on in Lexington."
Sisler said there have been delays in the investigation, but he expects a speedy conclusion.
"It's possible we may be done within the next several weeks, or sometime after that," Sisler said.
Wells has refused to comment on the investigation.
by CNB