The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.
GREEN, Crosley Alexander (B/M)
A.K.A.: Papa Green
DC # 902925
Eighteenth Judicial Circuit, Brevard County, Florida
Circuit Court Case #89-4942-CF-A
Sentencing Judge: The Honorable John Antoon, II
Trial Attorney: John R. Parker – Private
Attorney, Direct Appeal: Michael S. Becker – Assistant Public Defender
Attorney, Collateral Appeal: Mark Gruber & David Hendry – CCRC-M
Date of Offense: 04/04/89
Date of Sentence: 02/08/91
Circumstances of Offense:
Late in the evening of April 3, 1989, Crosley Green came upon Charles Flynn, Jr. and Kimberly Sue Hallock, both of whom were inside Flynn’s truck, which was parked in a park near Mims, Florida. Green robbed them of $190, tied Flynn’s hands behind his back, and then, driving the victim’s truck, forced them at gunpoint to ride with him to an orange grove. Hallock testified she saw Green fire a shot before she managed to escape the scene.
Police later found Flynn lying face down with his hands still tied behind his back and a single gunshot wound to the chest. He was still alive, but stopped breathing several times and died before paramedics arrived. Hallock later identified Green as the man she saw in the park.
Prior to this offense, the defendant was convicted of robbery in New York State in 1977.
06/20/89 Indicted on the following charges:
Count I First-Degree Murder
Count II Armed Robbery
Count III Armed Robbery
Count IV Kidnapping
Count V Kidnapping
09/05/90 The jury returned guilty verdicts on all counts of the indictment.
09/27/90 Upon advisory sentencing, the trial jury recommended the death penalty
by an 8 to 4 vote.
02/08/91 Defendant was sentenced as follows:
Count I First-Degree Murder – Death
Counts II-V 27 years imprisonment for each count
FSC # 77,402
641 So. 2d 391
02/15/91 Appeal filed.
07/07/94 FSC affirmed the conviction and sentence of death.
08/29/94 FSC denied motion for rehearing.
09/28/94 Mandate issued.
USSC # 94-7031
513 U.S. 1159
11/25/94 Petition filed.
02/21/95 USSC denied petition.
Case # 89-492-CF-A
03/18/97 Motion filed.
11/30/01 Motion amended.
04/24/03 First part of Evidentiary Hearing held.
10/28/03 Second part of Evidentiary Hearing held.
02/24/04 Third part of Evidentiary Hearing held.
10/09/04 Fourth part of Evidentiary Hearing held.
11/22/05 CC granted motion in part and denied motion in part.
Florida Supreme Court – 3.850 Motion Appeal
FSC # 05-2265
975 So. 2d 1090
12/19/05 Appeal filed.
01/03/06 Cross-Appeal filed.
10/11/07 New penalty phase upheld.
01/31/08 Remanded for resentencing.
02/22/08 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
975 So. 2d 1090
08/03/06 Petition filed.
10/11/07 Petition denied.
10/26/07 Motion for rehearing.
01/31/08 Motion for rehearing denied.
02/22/08 Mandate issued.
Factors Contributing to the Delay in Imposition of Sentence:
The trial court provided two reasons as to why the 3.850 motion was pending from 1997-2005. First, the trial court had no jurisdiction to proceed on the motion during the pending appeal of the trial court’s ruling that the Capital Collateral Counsel Northern Region could not represent the defendant in the postconviction proceedings. This appeal remained pending from the notice of appeal in December 1997 until the court received written notification that the Florida Supreme Court had dismissed the appeal in October 1998. The second reason was a year-long FDLE investigation of recanted witness testimony and forensics work in the case that had to be completed prior to closure of the discovery phase.
Green filed a direct appeal with the Florida Supreme Court on 02/15/91, citing the following errors: improper inclusion of evidence; denial of a motion to suppress Hallock’s identification of Green; giving a flight instruction to the jury that Green had fled to avoid prosecution; improper doubling of aggravating circumstances; unproven finding of the heinous, atrocious, or cruel aggravating circumstance; refusal to find mitigating circumstances; and disproportionate sentencing, compared to other cases. The court affirmed the conviction and sentence on 07/07/94.
On 11/25/94, Green filed a petition for a writ of certiorari with the U.S. Supreme Court. The court denied the petition on 02/21/95.
On 03/18/97, Green filed a 3.850 motion with the Eighteenth Circuit and amended the motion on 11/30/01. The Evidentiary Hearing was held in four parts: 04/24/03, 10/28/03, 02/24/04, and 10/09/04. On 11/22/05, the court granted the motion in part and denied the motion in part.
On 12/19/05, Green filed a 3.850 motion appeal with the Florida Supreme Court. The state filed a cross-appeal on 01/03/06. Green’s 3.850 motion appeal was granted on 10/11/07; the FSC remanded this case for a new penalty phase.
On 08/03/06, Green filed a petition for writ of habeas corpus with the Florida Supreme Court. This writ was denied on 10/11/07.
On 08/31/09, Green was resentenced to life imprisonment by the Circuit Court.
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/07/03 30 POSS OF CONTRABAND UNION C. I.
Report date: 03/28/01-tb