Defense attorneys can view the personnel file of a controversial state trooper and use the information to help their client — a DUI suspect arrested by the trooper, a judge has ruled.
The decision places further scrutiny on Utah Highway Patrol Trooper Lisa Steed, who has been criticized by defense attorneys for using unlawful tactics against drivers suspected of driving under the influence. The UHP last year paid $40,000 to a man Steed stunned with a Taser during a traffic stop.
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Third District Court Judge Mark Kouris last week ordered the UHP to provide Steed’s personnel file to attorneys representing Theron Alexander, 54, who is charged with four felony drug counts, as well as a misdemeanor count of DUI.
Kouris’ decision also could make Steed’s file fair game in more than 30 other DUI cases in which she was the arresting officer. The Salt Lake County District Attorney’s Office had been waiting on Kouris’ ruling in the Alexander case before proceeding with the other cases.
Alexander’s attorney, Joseph Jardine, wanted the personnel file to bolster his argument for suppressing evidence in the case.
Steed has said she stopped Alexander on Jan. 2, 2010, near 5900 S. 700 West in Salt Lake County, because there was no light illuminating his license plate, but defense attorneys say dashboard video shows it was illuminated. The defense claims Steed gave contradictory testimony about Alexander’s pupils, which police observe to detect whether a driver is impaired. However, prosecutors have said Steed’s testimony was consistent.
Kouris already has ruled against the suppression motion once, but Jardine on Wednesday said excerpts from Steed’s personnel file may change the judge’s mind.
"It’s fair to say this is an unusual case, in part, because of the notoriety that Steed has received in the press," Jardine said.
Although Jardine may use the file in his case, Kouris ordered him to otherwise not share the file.
Personnel files of public employees typically include notes of any investigations and records of any discipline. It’s not clear what is contained in Steed’s file.
An attorney representing UHP argued in court that the file should not be given to defense attorneys because it could have a chilling effect on future UHP investigations.
In 2007, Steed was the first woman to be UHP Trooper of the Year after she made more than 200 DUI arrests that year.
Also Wednesday, the Salt Lake County District Attorney’s Office said it has recently dismissed some DUI cases where Steed was the arresting officer. The office’s chief deputy, Blake Nakamura, said five or six cases were dismissed because the prosecution was coming against deadlines while waiting for the ruling in the Alexander case. Nakamura said prosecutors have the option to refile those cases.
Two other cases were dismissed, with no option to refile, because of evidence problems.
Nakamura said that what Steed claimed in her written report did not match what was shown on the video and prosecutors "could not corroborate her account with the physical evidence."
Twitter: @natecarlisle
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