Crosley Green

Latest Development

On June 21, 2023, the Florida Commission on Offender Review denied parole to Crosley Green, ruling that his tentative parole release date will be in 2054, when he will be 97 years old. The 65-year-old grandfather has already served 32 years in prison, including 19 years on death row, for a Brevard County murder that he did not commit.

“This is a heartbreaking ruling for Crosley Green’s family and his fiancée. We will continue to fight for Crosley’s freedom and to reverse the injustice of continuing to imprison this innocent man,” said Keith Harrison, a partner at Crowell & Moring who has led the fight for Mr. Green’s freedom for the past 15 years.  “We will keep fighting until Crosley walks out of prison a free man. We hope the commission will continue to consider the highly unique circumstances of Crosley’s case and the reasons he is an ideal candidate for parole. Crosley should be freed.”

Visit this page and the Justice for Crosley Green Facebook page for more information and updates as they are available.

About the Case

Crosley Green with his grandchildren.
Photo courtesy of CBS News “48 Hours.”

On September 5, 1990, an all-white jury convicted Mr. Green of first-degree murder of Charles “Chip” Flynn, Jr., a 22-year-old man in Titusville, Fla., and sentenced him to death. Mr. Green was convicted on the testimony of a single eyewitness, the victim’s ex-girlfriend, who identified Mr. Green as the perpetrator.

In 2009, Crowell won Mr. Green’s release from death row, and he was resentenced to life in prison. On July 20, 2018, Crowell secured a critical victory in the case when a federal court in Orlando, Fla., granted Mr. Green’s petition for habeas corpus and ordered that he be released or provided a new trial.

The court found that Mr. Green’s constitutional rights were violated when Brevard County, Fla., prosecutors withheld witness interview notes that said the first two responding law enforcement officers told the prosecutor that they concluded the victim’s ex-girlfriend—not Mr. Green—committed the crime.

The notes stated that the officers “suspect the girl did it,” and that she “changed her story a couple of times,” including about who tied the victim’s hands. The notes were not handed over to the defense prior to trial.

The federal district court ruled in Mr. Green’s favor, writing it is “difficult to conceive of information more material to the defense… than the fact that the initial responding officers evaluated the totality of evidence as suggesting that the investigation should be directed toward someone other than” Green.

But the 11th Circuit Court of Appeals reversed Mr. Green’s victory, ruling that prosecutors did not need to disclose material exculpatory evidence to defense counsel because it would not have been admissible at trial.

“The 11th Circuit failed to consider, as required by Brady and its progeny, whether those notes might have led to the development of admissible evidence favorable to Mr. Green. His original defense attorney never knew about this evidence when he prepared his defense or when he cross-examined one of the very same officers on the stand,” said partner Keith Harrison.

“The 11th Circuit decision creates uncertainty about a bedrock principle of justice, and it undermines the public’s trust in the justice system. If this ruling is allowed to stand, it will encourage prosecutors to make strategic choices about which pieces of exculpatory evidence they turn over or withhold based on whether they think courts will later determine they are material,” said partner Jeane Thomas.   

Mr. Green served 32 years in prison, including 19 years on Florida’s death row, while maintaining his innocence.

In April 2021, Mr. Green was released from prison on conditional release (house arrest) while his case was pending appeal. During Mr. Green’s release under the oversight of the federal probation office, he was a model citizen, a devoted family man, and a skilled machinist who won praises from his employer. Mr. Green got engaged, spent time with his large, extended family, and was an active member of his church.

The Supreme Court declined to take up Mr. Green’s case on February 27, 2023. The U.S. District Court for the Middle District for Florida ordered Mr. Green to return to custody of the Florida Department of Corrections to complete his sentence.

On April 17, 2023, Mr. Green surrendered himself to the Florida Department of Corrections.

On June 21, 2023, the Florida Commission on Offender Review denied parole to Mr. Green, ruling that his tentative parole release date will be in 2054, when he will be 97 years old.

“We are pursuing every avenue available to Crosley in order to secure his freedom. We are still hopeful that the commission will continue to consider the arguments we raised to grant Crosley’s immediate parole. We are also going to seek clemency from Gov. DeSantis,” Harrison said.

Mr. Green’s pro bono legal team includes: Crowell & Moring partners Keith J. Harrison, Jeane A. Thomas,  Vincent J. Galluzzo and counsel Drake Morgan.

Read the Crosley Green Fact Sheet.