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Crosley Green with his grandchildren.
Photo courtesy of CBS News “48 Hours.”
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Latest Development
On February 27, 2023, the U.S. Supreme Court announced that it will not hear the case of Crowell & Moring pro bono client Crosley Green, a 65-year-old Florida man who has steadfastly fought for more than three decades to prove his innocence following his wrongful conviction by an all-white jury for a 1989 murder in Titusville, Florida. With no physical evidence linking him to the crime and key witness notes withheld by prosecutors pointing to another suspect, Green may now be ordered to return to state prison despite having spent the past two years working and living as a model citizen surrounded by family in a Florida community.
About the Case
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 Eleventh 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 J. 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 A. Thomas.
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The Crowell & Moring pro bono legal team with Crosley Green.
From left: Keith Harrison, Crosley Green, Jeane Thomas, and Vincent Galluzzo
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Mr. Green served 32 years in prison, including 19 years on Florida’s death row, while maintaining his innocence. He was conditionally released in 2021 and remains on house arrest. On February 27, 2023, the U.S. Supreme Court announced that it will not hear Mr. Green’s case. Crowell continues to represent Mr. Green.
“It’s a fight for freedom, and the fight isn’t over until freedom is achieved,” said partner Keith Harrison. “We intend to approach Governor DeSantis and the parole board. We hope to have a conversation about why Mr. Green deserves to be free. We know Governor DeSantis is a law and order governor who is passionate about justice. We believe he will see that Crosley deserves to be free.”
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.
Media Coverage
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Supreme Court Won’t Hear Challenge to Florida Murder Conviction
February 27, 2023 — Bloomberg Law
- U.S. Supreme Court Denies Crosley Green
February 27, 2023 — Florida Today
- Attorney Tries To Bend The Arc Toward Justice In Florida Killing
February 1, 2023 — Bloomberg Law
- Crowell & Moring Pro Bono Team Asks Supreme Court To Uphold Ruling That Promised New Trial In 1989 Murder Case
January 25, 2023 — The American Lawyer
- Torres: Crosley Green's Hope Goes To The U.S. Supreme Court
January 20, 2023 — Florida Today
- Crowell & Moring Takes Murder Conviction Fight To Justices
January 20, 2023 — Law360
- “Crosley Green to Remain Free for Now as He Tries to Get Supreme Court to Consider His Case”
Oct. 11, 2022 - Florida Today
- Crosley Green's Freedom Uncertain After 11th Circuit Affirms Prosecutors Can Withhold Inadmissible, Exculpatory Evidence
September 29, 2022 — Daily Business Review
- Torres: Nearly Out Of Options, An Extraordinary Man Continues To Believe In Justice | Opinion
September 27, 2022 — Florida Today
- Clemency Or Supreme Court May Be Green's Only Hope; Freed For 18 Months, He May Go Back To Prison
September 26, 2022 — Florida Today
- Man Released After Serving 32 Years Behind Bars May Go Back to Prison
May 6, 2022 — Law&Crime: Brian Ross Investigation
- Florida Man Could Be Sent Back To Prison After Conviction Reversal
May 5, 2022 — Washington Times
- Crowell & Moring's 14-Year Fight To Free Crosley Green Hinges On 11th Circuit Appeal
May 4, 2022 — The American Lawyer
- Ex-Death Row Inmate Tries To Stop Prison Return Through Appeals Court Judgment
May 2, 2022 — Washington Examiner
- ‘Travesty of Justice’: Florida Black Man Freed After 32 Years May Have to Return To Prison After Court Reverses Ruling Overturning His Conviction
May 2, 2022 — Atlanta Black Star
- “A Man Left Prison After Three Decades. Now, He Might Be Sent Back”
April 27, 2022 - Washington Post
- Crosley Green And His Lawyers To Outline Plan For His Freedom This Afternoon
April 27, 2022 — Florida Today
- A Federal Appeals Court Says Crosley Green's Disputed Murder Conviction Can Stand, But The 64-year-Old Has No Intention Of Giving Up The Fight
April 27, 2022 — CNN
- “Man Freed after Nearly 30 Years on Death Row Could Return to Prison”
April 27, 2022 – Fox 35 Orlando
- A Brevard Man Spent 32 Years Behind Bars. Now A Deadline Looms That Could Send Him Back To Prison
April 27, 2022 — WESH 2-NBC
- Attorney: 'The State Cheated To Convict Crosley Green' In Titusville Murder Case
April 27, 2022 — Florida Today
- Black Fla. Man Fights To Stay Out Of Prison, Mpls PD's Race-Based Policing, Twitter & Free Speech (Webcast)
April 27, 2022 — Roland Martin Unfiltered
- Man Who Had Murder Conviction Overturned May Have To Go Back To Prison
April 26, 2022 — CBS News
- “A Federal Judge Ruled Three Years Ago Crosley Green’s Murder Conviction Couldn’t Stand. Green Still Isn’t Free.”
June 6, 2021 - CNN
- “Crosley Green Comes Home”
April 18, 2021 - CBS "48 Hours"
Key Case Developments
- February 27, 2023: Press Release: U.S. Supreme Court Will Not Hear Crosley Green Case (release)
- February 24, 2023: Press Release: Prominent Law Professors, Former State-Court Judges, Current and Former Prosecutors, and Others File Amicus Briefs at U.S. Supreme Court in Support of Crosley Green (release and briefs)
- January 23, 2023: Press Release: Crosley Green Petitions Supreme Court (release and brief)
- January 20, 2023: Press Release: Crosley Green Petitions Supreme Court (press release and petition)
- April 28, 2022: The Lawyers’ Committee for Civil Rights Under Law files amicus brief at U.S. Court of Appeals for the Eleventh Circuit in support of Crowell & Moring pro bono client Crosley Green (release and brief)
- April 25, 2022 - Press Conference (Live Streaming): Crosley Green and Lawyers Seek Justice as Deadline Looms for 11th Circuit Decision
- March 14, 2022: The U.S. Court of Appeals for the Eleventh Circuit rules against Crowell & Moring pro bono client Crosley Green (press release and ruling)
- April 21, 2022: Crowell & Moring files amended petition for rehearing en banc (petition)
- April 8, 2021: Crowell & Moring Client Crosley Green freed from prison (press release)
- April 18, 2019: Mr. Green’s brief to the 11th Circuit Court of Appeals in response to the State’s appeal (brief)
- July 20, 2018: News release: “Federal Judge Declares: Grant New Trial to Crowell & Moring Client Crosley Green or Set Him Free,” and the federal court’s order