But the waking Riley didn't do it, or so he attorney says. According to the Norwich Bulletin:
(Defense attorney Nicholas) D’Amato said he has prepared a “medical defense” that relies on Riley’s history of sleepwalking. D’Amato, of the Bridgeport-based firm Tina Sypek D’Amato LLC, said he has already spoken to Riley’s family to confirm he has been sleepwalking since he was a child.
“It is the first time we’ve encountered this,” D’Amato said. “This is a legitimate medical condition."
D’Amato plans to argue that Riley wasn’t feeling well and had napped in his car on the morning of the incident. Riley was actually woken up by the woman in the elevator, running away in confusion and fright, he said.
D’Amato said while he has anecdotal evidence, he is in the early stages of gathering medical records in his attempt to gather proof and convince prosecutors they should take the claim seriously.
“This is not going to be an easy defense to present,” D’Amato admits. “We really have the burden to prove this. The prosecutors are not going to drop the case because we say so.”Riley has no priors and he's married.