The jury in a viral Tallahassee DUI case found Defendant Calvin Riley guilty in court Monday.
The case stemmed from an early-morning traffic stop in May 2023. The ruling came after the case received national attention after a video alleging a Tallahassee Police Officer planted evidence received millions of views.
Law enforcement alleged Riley was swerving on the road and claimed to find a cup containing alcohol when they stopped him. But body camera footage that was edited and released by the progressive media site OurTallahassee showed Tallahassee Police Department officer Kiersten Oliver unsealing a bottle of alcohol found in the car, dumping it out, and putting the bottle back into the car. This action wasn’t noted in the police report.
Assistant Public Defender Desiree Goodfellow, who represented Riley, told the jury in closing arguments that inconsistent statements from law enforcement about that bottle casts a shadow over their other testimony.
“You have every reason to question every little thing these officers testified about. They are not credible,” she said.
But the prosecution pointed to several other pieces of evidence that were enough to convict him. Emma Hirshy, a certified legal intern representing the state, said footage showing Riley admitting to drinking at a bar earlier in the evening, his refusal of a breathalyzer test, and other things demonstrated he was intoxicated behind the wheel.
“How did we know he was out at the club? Well, we saw the wristband on his wrist that corroborated that statement. We know he was out drinking that night. We know he was out there, and he left about the time the bars close. It was 2 in the morning,” she said.
Judge Jason Jones sentenced Riley to 10 days in Leon County Jail and six months’ probation. Public Defender Jessica Yeary said they respect the jury’s decision, but will continue to stand by Riley.
“I am incredibly proud of our lawyers and our team, and the hard work that they put in bringing to light and litigating issues of police misconduct, and calling it out when we see it. Without their work, our community and our neighbors would suffer at the hands of bad police conduct and over prosecution,” she said.
The Tallahassee Police Department stood by Officer Oliver’s conduct at the stop in a statement after the OurTallahasse post went viral. Police Chief Jay Revell called the release of the video a, quote “attempt to manipulate or impede the judicial process.”