SALT LAKE CITY (AP) - After concerns about police credibility torpedoed more than 120 cases in one Utah police department last year, several prosecutors have started surveying officers about their credibility.
Davis County Attorney Troy Rawlings started sending questionnaires to law enforcement agencies in his county last week.
The practice may keep his office from having cases thrown out or threatened because of police credibility, Rawlings told The Salt Lake Tribune (https://bit.ly/1hkfAju ).
“The credibility of prosecutors’ offices matter,” Rawlings said. “There is a growing sentiment of concern with prosecutorial misconduct.”
Rawlings modeled his practice after a similar initiative from Salt Lake City.
Salt Lake City prosecutor Padma Veeru-Collings started surveying city officers in December about previous or unresolved complaints or allegations.
The survey included questions such as, “Has any judge or prosecutor made any allegations or findings that reflect on your truthfulness or bias?” and questions about any previous arrests or convictions of a crime.
The survey is based off a similar form used by the U.S. Department of Justice.
But Veeru-Collings has suspended the practice pending discussions with police but plans to resume it soon, Salt Lake City spokesman Art Raymond said.
“There is forward momentum working toward making this form part of the regular process,” Raymond said of the questionnaire. “But it just is not going to be implemented until that discussion is had with law enforcement agencies.”
Salt Lake City Police Chief Chris Burbank instructed officers in his department not to answer the questions and instead has requested Veeru-Collings work through the police department’s discipline-record process.
Some officers are called to testify in court cases several times each week, so ti makes more sense for the department to screen the officers themselves and notify prosecutors if there’s any problems, Burbank said.
The department already has a policy to fire any officer caught lying, he said.
Salt Lake City Police Association President Michael Tuttle said filling out a questionnaire is not necessarily an effective tool to root out dishonesty.
“Let’s pretend like I’m a liar,” Tuttle said, “If I go to the prosecutor’s office and they tell me to fill out a form, I’m going to make it look as good as I can for me.”
Salt Lake City’s program was adapted by the Davis County attorney in the wake of a major investigation in nearby West Valley City last year.
Federal and local prosecutors dropped more than 120 cases, many related to drug offenses, after questions were raised about the credibility of the West Valley City’s police drug task force.
The task force was later disbanded, and officers were disciplined.
West Valley City’s investigation followed accusations that a Utah Highway Patrol trooper booked dozens of people for bogus DUIs.
Utah Highway Patrol spokesman Doug McCleve said his agency will cooperate with prosecutors if they wish to use the questionnaires.
“They’re just trying to make sure that law enforcement witnesses are prepared and ready to testify,” he said.
In Davis County, Rawlings said he understands that law enforcement agencies are policing their own, but the U.S. Supreme Court has ruled prosecutors need to pursue information that could benefit a defendant in a case.
If they don’t, Rawlings said prosecutors risk losing their case and possibly their law license.
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Information from: The Salt Lake Tribune, https://www.sltrib.com
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