[Music] [Music] word ble I ain't trying to say anything about this lady like I said in the day this is her job and come on man the defense is right the state has the last word right now because it simply boils down to the fact that this is a story that concocted to distract us from what actually Happ over like I was saying this is just a story that the defense has concocted to distract us from the facts and the evidence at hand because when the facts are on your side you argue the facts when the law is on your side you argue the law overruled this is argument when the law is on your side you argue the law but hey when neither on her side you blame the police members of the jury I want to direct your attention page I couldn't I I had to three in the jury instructions starting at the second paragraph the judge has just instructed us that A Reasonable Doubt is not a mere possible doubt a speculative imaginary or a forced doubt that that line is important to remember because what the defense is asking you to believe in this trial is that all of these officers who have never met the defendant before a day in their life decided to get together and conine a plan to frame him in this crime is that reasonable no it's not it's just simply not reasonable it's a theory that's been pulled out of thin air to distract us and I can't emphasize that enough Browns asking jury to determine who was lying as a test for deciding case overr now members of the jury I want to direct your attention to another page in the jury instructions page number five under the rules for deliberation under bullet point number three the judge just explained to us that this case must not be decided for or against anyone because you feel sorry for anyone or you're angry at anyone when we take a look at the arguments that have been raised by the defense that's exactly what they're asking us to do they're asking us to be angry at these officers for making a human mistake things that they admitted to us and admitted to telling us here today they're honest about those mistakes they're asking us to make a ruling a decision based on feeling rather than facts and evidence so let's just briefly talk about what the evidence is in this case and what it is not the defense throughout the entirety of this trial in fact majority of their closing argument focus on this sealed liquor bottle that was found in the defendant's vehicle I don't want to mention that during my initial closing argument because as briefly stated it's not evidence during this trial it's just not see members of the jury the defense is saying the the words that law enforcement manufactured evidence does opening a bottle of vodka sound like manufacturing evidence you saw the body cam footage they literally said they had a come bro come we got to start man I could not be a court bro I would literally laugh I would lash so out so bad because they literally said this we got this bot like that's what they kept mentioning but yeah okay they didn't use a for evidence or nothing but I bet if the bottle wasn't there what they would have did what they would have did bro I want to know does it sound like this law enforcement officer went to the store and bought a bottle of alcohol just to put it in his V like we obviously know she ain't go to the damn liquor store to go buy a bond and put it in there it's a simple fact that she saw that was was open old that was open squeezed it and forced it open that's what they're trying to say be I couldn't be in court man I get in itle no you've seen the video in this case you've seen the body warn camera footage that shows us that when they searched the vehicle it was already in the defendant's car officer Oliver never once went to officer MTH or Sergeant Smith and said hey I found an open bottle of liquor she didn't and what that boils down to it was off said in the body cam footage yeah it was a bottle of liquor and they said was open you said yes but you know it's her job to persuade a jury like I said miscommunication they made a mistake they both told us there was a mistake and members of the jury were human every one of us is human including these two officers not saying that it was okay to make that mistake but they made a mistake and what's important is that they were honest and they owned up to it and even if we're going to talk about this B you know even though that they made a mistake and they wrongfully arrest where they own up to it and it's okay because the simple fact is that he left a bar that's just come on man bottle of liquor it's important to remember that he was already placed under arrest for driving under the influence before they found this bottle law enforcement had already determined that he was impaired by alcohol before he was even told about this bottle in fact we saw this body worn camera footage the defense keeps talking about how the defendant was just angry for being falsely accused of something but never once in that video footage did we see him being told about this liquor bottle he keeps talking about marijuana but that's not the charge in today's case we haven't charged him that's what they used to search the car though and it wasn't no smelling no Mar come on man with possession of marijuana we haven't charged him with DUI by consuming something such as marijuana that's not something that's relevant in your deliberations in today's trial Miss goodfella for the defense also said that the law enforcement officers lied about why they placed the defendant under arrest she says that they only told him that he was placed under arrest for driving with a suspended license but you heard the testimony of Officer mute you've heard her own words when miss good fellow got up here and asked ex stated so not only do we have field sobriety exercise refusals that would have shown us here in today's Tri whether or not his normal faculties were truly impaired like they defense really doesn't want us to believe OB your honor may we sidebar yes that also leads us to question why the defendant didn't take the breath test I mentioned this during my original closing argument ction burn shifting over it's called consciousness of guilt like I said and I'm I just I'll briefly touch on it because I don't want to take up too much of your time the defendant refused that breath test despite knowing that his driving privileges would be suspended for an entire year because he knew that he was under the influence he knew that he had been drinking alcohol that night we know that he knew he was drinking alcohol because like I said earlier he admitted to being at the bar he had a wristband on consistent with being at the bar he also told officers that he was drinking alcohol and when we look inside the evidence if we're going to completely disregard this liquor bottle it does not take away from the fact that there was still a cup in the center console that had a mixed drink in it both officers told us that they've been trained they have experience even just as every day my thing is if it if that was the case why did they not pour that cup out but they poured the bottle out I just want to know why didn't they pour it out then they cuz they left it in there persons to know what alcohol smells like we saw the body War camera footage both officers took turns smelling it and their immediate reaction is that smells like alcohol so he's also got alcohol in the video in in his vehicle the defense also commented on about how the defendant had the right to be angry but members of the jury this is something we talked about briefly in jury selection how outpouring of emotions and anger and outbursts can also be a sign of impairment he may have been angry that he was placed under arrest but that's because he knew he was in the wrong he knew that he was driving Under the Influence he knew that he shouldn't have gotten into his vehicle and drove after spending the entire night up until 2: a.m. drinking alcohol objection back suain members of the jury the facts are simple we've seen it and I encourage you to to look at the videos and physical pieces of evidence that we presented throughout this trial when you enter the deliberation room they're simple and the state has met its burden we've proven Beyond a reasonable doubt that the defendant was under the in driving Under the Influence that night to the extent that his normal faculties were impaired now that you've seen the truth and when you go into the deliberation room the truth and the evidence demands that you find this defendant guilty thank you how much you'll be taken to the Jury Room by The balea the first thing you should do is choose a four person who will preside over your deliberations and then basically after they had that it took I'm a minute I think it like let's see how long so 14 minutes all up to like 30 basically almost like an hour yeah cuz it was like 50 some minutes and then this what they read it all right you're entering the courtroom private Affair as long as they wish it is Mr Riley please stand in the matter of the State of Florida versus Calvin Riley case number 2023 c854 we the jury finds as follows as to count one of the information driving under the influence the defender count that Riley is guilty so say we all this 8 day of April 2024 you may be seated does either side wish to have the jury ped State no you're yes your honor all right madam cler can you please pull the jurors jur number one is this your ver yes number two is your ver number is ver yes number ver yes number five is ver yes number so ladies and gentlemen I wish to thank you for your time and consideration of this case I also wish to advise you on some very special privileges yes and at they gave him like 10 days I believe it was like 10 days what the other standard so DUI level one the 50 hours of community stat so that's the DUI is any are there any prior DUIs no you're are okay so DUI level one the 50 hours of community service 10day Vehicle Impound the 6mon DL suspension I don't have a standard plea form in front of me do you remember what the other standard DUI firsts are yes on our 50 Ang I self responsibility for getting upset and that's my motion get over my judgment of just being a person and staying calm like I stated before I was only going through this emotional stuff because the past I've been through a law enforcement and what I started going through that night with these officers it was just a repeat of what I experienced gr up here and it made me very upset and angry and if anyone was hurt in that moment I apologize but at the same time I was hurt too and I'm still dealing with it and that police that the state is talking about I was unaware of that until like they came on board and I had a new lawyer I all this stuff was brought to my attention TW last morning and things started changing I don't have time to process all the Stu need I don't know what else to say okay thank you you don't you didn't have to say anything but I appreciate you speaking all right I'm going to adjudicate you guilty as I did before sentence you to six months probation as a condition of that probation you'll do 10 days in a Lyon County jail you'll also have to attend and complete DUI level one school and any counseling as uh recommended 50 hours of community service your vehicle if you own one will be impounded for a period of 10 days if you no longer own a vehicle you just need to get a certification from the dhsmv saying that you no longer own the vehicle and that can be waved your driver's license will be suspended for a period of 6 months you'll need to attend and complete a victim awareness program you will have alcohol conditions with random breath test once per month and your probation can terminate early at the halfway point if you have completed all of your conditions and Madam clerk if you could please announce the standard fines and court costs and would the defense like them to be itemized yes okay if you could please break them down for us man I really do hope this dude like tries to fight this though because I I do see a lot of backlash on it you know the saying the justice system failed us and everything which it always does man and especially when you know they tried to point all you know he was leaving the bar and all this and trying to just basically like ignore the fact of what the officers were doing and how their conduct was because at the end of the day they were wrong especially for opening that L liquor B and pouring it out and trying to use that like broke like like we got to start being real like come on man if that liquor bottle wasn't there they would have not didn't that said that because at first it was marijuana marijuana just search the car but y'all let me know what y'all think man like I said man I hope the best for Calvin Riley and he really does fight this cuz man this is wrong at the end of the day but if y'all if y'all have different opinions about this please share in the comment section please let me know and y'all have a wonderful day