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SALT LAKE CITY — An increasing number of lawsuits are being filed over fired Utah Highway Patrol trooper Lisa Steed. People who claim they have been wrongly convicted are trying to clear their names.
Steed's case is raising questions about what the innocent can do to protect their rights when stopped by police, even on a minor traffic violation.
Chad Ray was one of Lisa Steed's DUI convictions. On March 8, 2010, he had picked up his drunk brother and was headed home when Steed stopped him.
"I passed the walking tests," Ray said.
Though Ray said he wasn't drunk and passed all subsequent tests, he was arrested. And his drunk brother? Left along the side of the freeway.
"I said, 'Are you really going to leave my brother on the freeway like that?' She said, 'It ain't my problem,' " he said.
Ray ultimately chose to fight his conviction when he saw news of Steed's troubles. His lawsuit is one of three so far involving Steed that prosecutors are not contesting. Attorney Mike Studebaker has filed on 21 other cases like Ray's, and he's looking into more than 90 others.
"We will file as many post-conviction cases as need to be filed," Studebaker said.
Studebaker explained the basic game plan for these post-conviction lawsuits, known as "petitions for post-conviction relief," is to argue that due to the misconduct that has been revealed about Steed, the convictions should be vacated.
Studebaker said details of Steed's record should have been disclosed to defense lawyers.
Attorneys are trying to get the woman's conviction vacated. One of the things they're arguing is that there were already issues with Steed's record that were known internally, and those details should have been disclosed to defense lawyers.
A leaked internal memo from a supervisor in 2010 said 11 of 20 of Steed's arrests during a particular time period showed no drug impairment, and four of those people had nothing in their systems at all.
The Salt Lake City prosecutor is continuing to fight in that case.
"This type of intentional withholding rises to the level of vacating their convictions," Studebaker said.
Advice for the innocent
The Steed saga has been highly-publicized, and defense attorneys that after hearing about these cases, innocent people may ask how they can protect their own rights. Even these lawyers say 99.9 percent of cops are law-abiding, but they are still offering advice.
"One, please use your right to remain silent," Studebaker said.
He said you do have to say who you are, give your date of birth and social security number when stopped by police for any reason.
But, defense attorney Clayton Simms said, "You're under no obligation if you're an innocent citizen just to talk to them."
Simms said turning your phone video recorder on and sliding it in your pocket is a good idea, even if you only get audio of the interaction.
"In case the police report isn't accurate, you'll have an accurate transcription of what happened," Simms said.
What if an officer wants to do a breathalyzer? Simms said you can say no, but you'll likely have your license suspended.
He also advised to never consent to a police search. But if police go ahead and search anyway, lawyers say don't struggle.
"Don't fight it on the side of the road with a police officer. Fight it in court," Simms said.
"I don't care if you hire me," Studebaker said. "I don't care what you do, but get a lawyer."
Law enforcement officials told KSL that from their perspective, people should be respectful and cooperative. If you want to record the exchange, don't be aggressive about it.
They also said if you have questions about an officer's actions, first inquire politely to the officer then ask to talk to the supervisor.
