BACKGROUND:

A Tallahassee man is on trial for DUI and driving with a suspended license. Calvin Riley was arrested on South Monroe Street on May 7, 2023.

A Tallahassee Police Officer involved in Riley’s arrest is accused of misconduct. Portions of body cam video, first reported by Our Tallahassee, are now viral showing a TPD officer pouring a liquid out of a sealed bottle from Calvin Rileys car. The officer pouring out the liquid has been identified as Tallahassee Police Department Officer Kiersten Oliver.

TPD said in a statement they are aware of portions of body-worn cameras circulating on social media. We have thoroughly reviewed the incident and did not find any evidence of misconduct,” TPD said in a statement on social media.

LIVE UPDATES:

11:07 A.M.

The judge ruled lunch break until 1 p.m. for jurors. Court starts back at 12:30 p.m.

11:04 A.M.

The defense contends, during open arguments, that Officer Oliver planted evidence to get a DUI charge and that Riley was not aware his license was suspended

10:56 A.M.

The State, during opening arguments, said Officer Oliver did make a mistake thinking TPD policy was to pour out the bottle.

10:07 A.M.

The state said they plan to call Tallahassee Police Department Officer Kiersten Oliver. Previously only her deposition was supposed to be used. The state said she had a medical reason not to come.

The defense said they need time to talk, because they did not know about this. The judge gave 5 minutes to confer.

9:46 A.M.

The judge said juror 4 will stay. The judge said juror 6 will be stricken. An alternate juror will be put into his place.

9:43 A.M.

The defense said a portion of the deposition being released is not an issue, because jurors didnt say they saw it.

9:38 A.M.

The state responded and said this case now has both national and international exposure. The said a deposition released online should not have been shared. The state is referring to the videos released in the Our Tallahassee article. The state asked for a new jury to be selected. The judge said it might be difficult to select a new jury at this point.

9:35 A.M.

The Big Bend Police Police Benevolent Association issued a statement Friday before the trial began. Big Bend PBA President Richard Murphy said in part:

“This outrageous story published yesterday, the day before the suspect’s trial begins, can serve no other purpose than to taint the jury pool by vilifying our police officer. We call for an immediate investigation into how the officer’s body cam footage was leaked to this reporter in an attempt to interfere with an official court proceeding. We are also exploring our legal options to prevent further jury tampering in future cases involving our members.”

9:32 A.M.

The state said they cant move forward with this jury due to media coverage. The defense disagreed and said although some jurors did see evidence they could still be impartial.

9:14 A.M.

The jury was brought out one by one and asked if they had inadvertently seen any media reports about this case or had any family members or friends ask them about the case.

Juror 1: No

Juror 2: No

Juror 3: No

Juror 4: Didnt look anything up but he said he did see media reports. The juror said he saw a video. The video he saw was body cam footage and did have audio in it. He didnt realize it had something to do with his case. He said he eventually realized it was about the case. On social media, he said he saw a good portion of it.

State: Asked if he saw a video with a journalist narrating.

Juror 4: Said he saw a video that said TPD officer plants evidence.”

State: Asked can he be impartial.

Juror 4: He said he thinks so, because there could be more information.

Juror 5: No

Juror 6: The juror said he saw something at about 5 a.m. He said he saw evidence that would be presented in this case. He told the judge he saw a video of body cam footage. He said he saw a video of an officer putting something in a car. He also read the article. He said he saw the video from ABC27. He also said it answered questions he had about the case.

Juror 7: No

9:08 A.M.

The Judge denied the motion to dismiss the charges. The judge said a jury should decide what they believe happened on that day.