- A Tallahassee man charged with DUI in May of 2023 was found guilty Monday.
- His conviction follows the viral video released days before the trial began. That video showed his arrest.
- Watch the video above to see how the final day of the trial played out.
BROADCAST TRANSCRIPT:
A decision made by this Tallahassee Police Officer, Kiersten Oliver, the focus of a two-day trial gaining national attention.
Calvin Riley was arrested in May 2023. He was charged with a DUI and having a suspended license. The jury only considering the DUI charge after Riley was acquitted of the other.
The state arguing that he was unaware that his license was suspended the night of that traffic stop.
Monday's main witness was Tallahassee Police Officer Margaret Mueth. She was called to help the night of Riley's arrest. She told the jury what prompted her to charge him with DUI.
STATE: "Based on your training and experience in DUI investigations, if you find an open container that has something that smells like alcohol, and then something that is sealed, does that indicate anything to you?"
MUETH: "Yes, so the open Tervis in the center console indicates that they were actively drinking and driving the bottle of liquor found indicates that once they were done finishing the drink in the center console, maybe they opened the bottle and refill their drink."
Mueth was called to the scene in May 2023 by Tallahassee Police Office Kiersten Oliver. Portions of an edited body cam video show Oliver pouring a liquid out of a sealed vodka bottle from Riley's car.
That body cam video going viral after it was posted on social media prompting questions about officer misconduct.
STATE: "Did this bottle open or not come into your decision to arrest the defendant for driving under the influence?"
MUETH: "No."
The defense trying to establish the sealed vodka bottle, opened by Oliver, was part of the basis of the DUI charge.
MUETH: "I believe she said it was in a pocket on the driver's seat. I never saw where she produced the bottle from I did not see where she got the bottle from."
STATE: "But you automatically assumed that that's what was in the Tervis mug."
MUETH: "Yes."
STATE: "And you did use the vodka bottle as evidence?"
MUETH: "Like how I stated previously we found it in the vehicle so I listed it in my report because I didn't want to look like I was hiding anything."
The state refuting this premise and trying to establish the DUI arrest was made because of other indicators.
MUETH: "There was an open target or a service that contained an alcoholic beverage located in the cupholder of the center console. And then officer Oliver found the bottle of vodka."
The defense also attempting to call into question Officer Mueth's testimony--- asking her if she's sure Riley was under arrest for a DUI before or after the vodka bottle came into play. And if the vodka bottle was used as evidence for the DUI.
DEFENSE: "That's your testimony here today that you did not use the vodka bottle as evidence."
MUETH: "Correct."
The defense then brought up Meuth's prior deposition.
DEFENSE: "In that report, you mentioned that a vodka bottle was found in a pallet on the driver's seat is that correct? answer correct question and you mentioned that because it was evidence answer yes. That's inconsistent with your testimony today."
MUETH: "Okay, you're you asked me about the vodka bottle and I thought you meant it played into his evidence in his arrest. He was already under arrest at the point that vodka bottle is found."
DEFENSE: "But you had automatically assume that that vodka bottle was what would use and put in backup?"
MUETH: "Yes, which was a mistake on my end."
Mueth doubling down he was always under arrest for a DUI and a suspended license, But admitting to writing in her report there was an unopened bottle of vodka in the car.
DEFENSE: "The bottle was sealed and had never been opened."
MUETH: "I never examined it."
The bottle was not open in the car-- Oliver opened it.
The state making sure the jury was left with this:
MUETH: Based on the totality of the circumstances Officer Oliver had observed poor driving patterns and then my own personal observations with the sake slurred speech, watery bloodshot eyes. He had said he was leaving a bar and said that he had consumed a couple of two beers there."
