Crosley Green maintains innocence after 25 years; awaits ruling from Circuit Court of Appeals
John A. Torres
UPDATE: An appellate judge agreed verbally today that a district judge made an error in saying Crosley Green's appeal was too late.
The panel of three judges from the 11th Circuit Court of Appeals listened to arguments from Green's attorneys as well as rebuttal from the Florida Attorney General's office this morning.
There is no time frame for when the panel will rule.
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ATLANTA — Lawyers for a Titusville man who has spent the last 25 years in prison will have precisely 15 minutes this morning to convince the 11th Circuit Court of Appeals that he is innocent.
Just 15 minutes.
No pressure.
The prestigious Washington D.C.-based law firm of Crowell & Moring, which has represented Green pro-bono for just about a decade through the appeals process will argue that lower courts erred in saying Green's claim of "actual innocence" is time barred.
Case of Crosley Green: Was an innocent man convicted of murder 25 years ago?
Green was convicted of killing Charles "Chip" Flynn and kidnapping his girlfriend, Kim Hallock, from a Mims orange grove in 1989. He spent nearly 20 years on death row before his sentence was commuted to life in 2009.
Green's attorneys will point to what they say are numerous problems with the case and conviction including the assertion that Brevard County prosecutors failed to disclose that responding officers Diane Clark and Mark Rixey — who were both with the Brevard County Sheriff's Office — concluded that Kim Hallock and not Green had killed Flynn.
"The impact of that evidence on a reasonable juror, even considered alone, would have a devastating impact," Harrison wrote.
Torres: '48 Hours' takes close look at Brevard prosecutors
Representatives with Attorney General Pam Bondi's office will argue that the impressions of those officers is not evidence.
The hearing is second on the docket this morning, which begins at 9.
Contact Torres at 321-242-3684 or at jtorres@floridatoday.com. Don’t forget to follow him on Twitter @johnalbertorres or on Facebook at http://www.facebook.com/FTjohntorres.