Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, August 10, 1994                   TAG: 9408100064
SECTION: VIRGINIA                    PAGE: C1   EDITION: NEW RIVER VALLEY  
SOURCE: RICHARD FOSTER STAFF WRITER
DATELINE: CHARLOTTESVILLE                                  LENGTH: Medium

SHERIFF WANTS FEES PAID

Albemarle County Circuit Judge Jay Swett ruled that Wells has not followed proper procedures in requesting money he seeks from the county.

Wells says Bedford County should reimburse him for more than $7,000 in legal fees he spent while he was being investigated for commingling funds.

Wells must formally request the money from the Board of Supervisors before asking the court to force payment.

The county, on the other hand, says Wells owes it $15,000 in interest generated by payroll funds that Wells deposited into his personal bank account.

Swett said he would hear the county's claims against Wells in Bedford County Circuit Court on Nov. 15.

Wells' attorney, John Alford, said seeking money from the board would be a futile gesture because County Attorney John Overstreet had already denied Wells legal counsel on behalf of the board.

David Shreve, the private attorney representing the county, said Wells should be denied reimbursement for legal fees because Wells was only investigated, not prosecuted criminally.

Nevertheless, he said the Board of Supervisors would have to make the final decision.

Also at the hearing Tuesday, Swett ruled against allowing cameras in the courtroom.

Alford said, "We've already had a media circus ... All of the newspapers said the sheriff was guilty of wrongdoing."

He said the sheriff had been prosecuted by the media, and needed legal representation to protect himself.

The county filed the lawsuit against Wells three months ago. Wells answered it with his claim for reimbursement for his legal fees.

In April, special prosecutor Eric Sisler found no evidence of criminal wrongdoing by Wells because commingling payroll funds was not illegal at the time Wells did it.

Wells stopped depositing payroll funds into his personal account in April 1993, two months before a new state law made it legal illegal to commingle payroll funds.

Sisler said Wells used interest from the payroll deposits to buy a pickup truck for himself. He said Wells owed the county $15,000 in interest.

Memo: shorter version ran in the Metro edition.