Florida man could be sent back to prison after conviction reversal

A former death row inmate who was freed after 32 years behind bars in Florida now faces a return to prison after a three-judge appellate panel reinstated a murder conviction that a lower court judge vacated in 2018.

To maintain his freedom, Crosley Green has petitioned the full U.S. Court of Appeals for the 11th Circuit to reconsider his case following the reversal by its three-judge panel. A decision by the full court is expected by the end of the month.

Green was convicted for the 1989 murder of Chip Flynn, who was shot to death in an orange grove in Central Florida.

Deputies who first arrived on the scene suspected Flynn’s ex-girlfriend had shot him, and the prosecutor included that information in his notes, according to the state’s court filing.

The ex-girlfriend said a Black man had shot Flynn, and she later picked Green from a lineup, though he didn’t match her initial description, according to Green’s lawyers.

The prosecutor did not disclose the deputies’ information to Green’s defense team, which a U.S. District Court judge said led to his unlawful conviction. He was released in April 2021 and placed on house arrest while the state appealed.

Prosecutors must disclose evidence favorable to the defendant before trial so as not to violate the defendant’s due process rights, under the Supreme Court’s ruling in Brady v. Maryland.

Green’s legal team argued that’s exactly what went wrong in his trial and he shouldn’t be sent back to prison.

“The heart of this case is about what the rules of the game are that the prosecution must follow,” said Keith Harrison, Green’s lawyer. “The government — the prosecutors — didn’t play by the rules, and that’s why Mr. Green was convicted.”

Mr. Harrison said that if prosecutors are permitted to conceal evidence, it will impact every criminal defendant going forward in states governed by the 11th Circuit, which includes Florida, Georgia and Alabama.

The three-judge panel last month reinstated Green’s conviction based on a procedural issue related to exhausting his appeals in state and federal courts.

Diane Clarke, a former Brevard County officer, appeared at a press conference last month with Green and his legal team, saying she hopes justice is served for him, recalling her work as one of the first responders at the crime scene.

“In this particular case with Crosley Green, the truth is hidden and to me that is a travesty of justice. He spent half his life in prison for something I don’t believe he did and I hope the wrong can be righted,” Ms. Clarke said.

Cully Stimson, a senior legal fellow at the Heritage Foundation, said the government is in a poor position in having to prove there wasn’t a Brady violation.

“It’s a big deal when there is a legitimate Brady argument and a legitimate question as to whether or not the government knew they had it in their possession,” Mr. Stimson said. “Your job as the prosecutor is not to get a conviction, it’s to be fair.”

The state of Florida argued in its court filing that the notes related to the first officers’ observations didn’t amount to a Brady violation, suggesting the defense team had access to the information as well.

“The grant of relief is based on handwritten notes that are hearsay, which contains hearsay within hearsay based on hearsay, and most importantly, contain information that defense counsel indisputably had in his possession before trial, so no Brady violation occurred,” the lawyers for Florida wrote in a 2019 court filing.

A spokesperson from the Florida attorney general’s office said they won’t comment on pending litigation. 

Green, now 64, told reporters that what happened to him could happen to anyone, choking up and getting emotional while noting he hopes to remain free and move forward with his family.

“What has happened to me could happen to you, you, you, you, you, you, and you,” he pointed out. “Don’t think that for one minute that justice is all good. They got some wrong in it as you can see.”