UPDATE APRIL 5:
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."
ORIGINAL STORY:
Florida’s Second Judicial Circuit’s public defender's office is accusing a Tallahassee Police Officer of misconduct during a traffic stop.
WATCH ABC 27'S SHAMARRIA MORRISON INTERVIEW CALVIN RILEY:
In a court filing on April 4, Jessica Yeary's office filed a motion to dismiss charges in the case of Calvin Riley, saying “Riley has been falsely accused of driving under the influence and driving with a suspended license.”
The arrest happened on South Monroe Street on May 7, 2023.
In the court filing, Yeary's office said body cam footage shows,” a clear instance of police misconduct. This court should not permit the government to continue with this prosecution. Thus, the court should dismiss the case with prejudice.”
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 Riley’s car.
The edited Our Tallahassee video was posted via X here.The edited video includes narration from Our Tallahassee.
The officer pouring out the liquid has been identified as Tallahassee Police Department Officer Kiersten Oliver.
In the filing, Yeary's office called this act egregious.
“Officer Oliver putting the altered bottle back into the car lacks any reasonable explanation even under the guise of there being a policy prohibiting the impoundment of liquids,” Yeary's office said.
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. We are confident with the charges, and we respect the judicial process and believe it is vital for a fair trial. Therefore, we will make the full video available for release after the trial has concluded,” a TPD spokesperson said in a statement via email.
ABC 27 requested the entire body camera footage from TPD via open records request and asked if TPD would provide the video outright.
ABC 27's Senior Reporter Shamarria Morrison spoke with Riley about the charges and his claims of police misconduct.
“I would like to let her know that I think she owes me an apology for being judgmental, disrespectful to me, accusing me of doing something and having something,” Riley said. “And I feel sorry for her colleague because she kind of like put in a position to go along with her harassment to an extent.”
Riley's trial will begin Friday morning in a Leon County courtroom.
This story will be updated.