Davis County attorney police questionnaire aims to protect cases
FARMINGTON — Davis County police chiefs will soon learn about a questionnaire Davis County Attorney Troy Rawlings want their officers to fill out before they testify in court.
The questionnaire is “an effort from our office to assist law enforcement agencies and the administration of justice from mishaps like (Utah Highway Patrol) Trooper Lisa Steed,” Rawlings said Wednesday.
Steed racked up hundreds of DUI arrests on her way to becoming the first woman to become state trooper of the year in 2007. But her credibility came into question in the following years. She was fired in November of 2012, accused of violating department policies, falsifying police reports and using questionable practices when making DUI arrests. Rawlings has said his office would not prosecute any case Steed had been involved with unless his office had separate evidence corroborating DUI arrests.
Rawlings said the questionnaire is not solely about Steed but about the U.S. Supreme Court ruling in Brady v. Maryland.
By law prosecutors are required to seek out any material that could reflect on an officer’s truthfulness or bias, including if he or she has been arrested, as well as charged with or convicted of a crime, Rawlings said. If a prosecutor does not seek information that could benefit the defendant, it is the prosecutor’s law license that could be in jeopardy or the judge could rule in favor of the defense when a motion is filed to have the case dismissed.
Rawlings had planned to discuss the questionnaire with Davis County police chiefs at their monthly meeting in May, But news stories have already been published stating he has already issued the questionnaire to police officers.
“This questionnaire has nothing to do with any problems with any police agencies in Davis County or with any local police chiefs,” Rawlings said. “We have not had any problems with any local police agencies.”
Rawlings said he has not issued the questionnaire, but has sent out a draft to police chiefs to review. Craig Webb, the Davis County Attorney investigator, will do a presentation for local detectives at their next meeting.
A few chiefs have not yet seen it. Syracuse Police Chief Garrett Atkin said he has not seen it yet, but plans to discuss the issue with other police chiefs at their May meeting. Davis County Sheriff Todd Richardson said he also has not seen it, but has heard about it.
Rawlings said he did a presentation about how Brady V. Maryland matters at the Utah Prosecution Council spring conference April 10.
Salt Lake City prosecutor Padma Verru-Collings had been issuing questionnaires since December, but had ceased doing so as of last week until she had a chance to discuss the issue with police officers’ representatives from their departments.
The U.S. Attorney’s Office has been issuing questionnaires for several years, Rawlings said.
“Most of our officers in Davis County get it and are professionals,” Rawlings said.
Rawlings said prosecutors across the country are looking for ways to make sure cases do not get thrown out due to technicalities.
Many prosecutor offices across the country, including Los Angeles, have already implemented questionnaires.
“I want to be ahead of the curve ball on this,” Rawlings said.