When They Can't Find Something To Charge You With, They Make It Up

A supervisor warned in 2010 that Utah Highway Patrol Cpl. Lisa Steed, who is under investigation by her own agency, was frequently arresting people for driving under the influence of drugs who had no drugs in their systems.

The supervisor, Sgt. Rob Nixon, wrote a memorandum discussing the questionable arrests and implying Steed was falsely accusing drivers of impairment. Nixon wrote the memo after reviewing 20 of Steed’s arrests for drug DUIs.

In seven of those cases, toxicology tests showed the driver had only metabolite, Nixon wrote. Metabolite is the remnants of drugs or pharmaceuticals in the bloodstream, though not necessarily the illegal kind.

Four other drivers had no drugs in their system, according to Nixon’s memo, a copy of which was obtained by The Salt Lake Tribune.

Yet in every case, Steed wrote reports claiming the drivers showed signs of impairment, such as dilated pupils and leg and body tremors.

Nixon referred to "a pattern" of conflicting information between Steed’s arrest reports and the laboratory results.

"This is something that needs to be addressed before defense attorneys catch on and her credibility along with the DUI squad’s credibility is compromised," Nixon wrote.

A UHP spokesman declined to comment on the memo Wednesday.

"We’re considering that a protected document so we’re not at liberty to discuss the document," said Dwayne Baird, the spokesman.

[...] [Salt Lake City defense attorney Joseph] Jardine said the memo shows the UHP hid Steed’s problems from defense lawyers. Legal precedent requires prosecutors also to have been aware of the memo and disclose it to defendants, Jardine said.

"That’s crazy," Jardine said of withholding the memo. "That’s exactly contrary to what the law requires them to do."

Steed’s credibility was compromised in April. One state judge in Salt Lake County and one in Davis County found Steed had been untruthful on the witness stand during DUI and drug possession cases. The rulings led to a dismissal of charges against both defendants.

Soon after the rulings, the UHP removed Steed from road duty and began its own investigation of Steed. It’s unclear when that investigation will be completed. Skordas said Steed has been reassigned to an administrative job — out of uniform and without a gun — while the investigation is under way.

[...]In every case he reviewed, Nixon wrote, Steed claimed the suspect had dilated pupils. Jardine said a check of pupils is a standard part of a DUI field exam and something that cannot be corroborated by a lab test or dashboard video.

"It’s a clever lie because nobody can verify it," Jardine said.

Nixon’s memo doesn’t say how many of the 20 cases resulted in convictions.

In 2004, for instance, Dookhan whipped through some 9,239 samples while her colleagues averaged only one-third that number of drug tests. Last year, the Department of Public Health discovered misconduct by Dookhan, but downplayed it, telling law enforcement mistakes had occurred on only one day and had only affected 90 cases. The department also waited six months before alerting police and prosecutors to the problem.