The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied onfor statistical or legal purposes.
GREEN,Crosley Alexander (B/M)
A.K.A.: Papa Green
DC# 902925
DOB: 09/11/57
EighteenthJudicial Circuit, Brevard County, Florida
CircuitCourt Case #89-4942-CF-A
SentencingJudge: The Honorable John Antoon, II
TrialAttorney: John R. Parker – Private
Attorney,Direct Appeal: Michael S. Becker – Assistant Public Defender
Attorney,Collateral Appeal: Mark Gruber & David Hendry – CCRC-M
Date ofOffense: 04/04/89
Date ofSentence: 02/08/91
Circumstancesof Offense:
Late inthe evening of April 3, 1989, Crosley Green came upon Charles Flynn, Jr. andKimberly Sue Hallock, both of whom were inside Flynn’s truck, which was parkedin a park near Mims, Florida. Green robbed them of $190, tied Flynn’shands behind his back, and then, driving the victim’s truck, forced them atgunpoint to ride with him to an orange grove. Hallock testified she saw Greenfire a shot before she managed to escape the scene.
Policelater found Flynn lying face down with his hands still tied behind his back anda single gunshot wound to the chest. He was still alive, but stoppedbreathing several times and died before paramedics arrived. Hallock lateridentified Green as the man she saw in the park.
Additionalinformation:
Prior tothis offense, the defendant was convicted of robbery in New York State in 1977.
TrialSummary:
06/20/89 Indicted on the following charges:
Count I First-Degree Murder
CountII Armed Robbery
CountIII Armed Robbery
CountIV Kidnapping
CountV 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
AppealSummary:
Florida Supreme Court – Direct Appeal
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.
United States Supreme Court – Petition for Writ of Certiorari
USSC #94-7031
513 U.S.1159
11/25/94 Petition filed.
02/21/95 USSC denied petition.
State Circuit Court – 3.850 Motion
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.
FloridaSupreme 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.
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC#06-1533
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.
FactorsContributing to the Delay in Imposition of Sentence:
Thetrial court provided two reasons as to why the 3.850 motion was pending from1997-2005. First, the trial court had no jurisdiction to proceed on the motionduring the pending appeal of the trial court’s ruling that the CapitalCollateral Counsel Northern Region could not represent the defendant in thepostconviction proceedings. This appeal remained pending from the noticeof appeal in December 1997 until the court received written notification thatthe Florida Supreme Court had dismissed the appeal in October 1998. Thesecond reason was a year-long FDLE investigation of recanted witness testimonyand forensics work in the case that had to be completed prior to closure of thediscovery phase.
CaseInformation:
Greenfiled a direct appeal with the Florida Supreme Court on 02/15/91, citing thefollowing errors: improper inclusion of evidence; denial of a motion tosuppress Hallock’s identification of Green; giving a flight instruction to thejury that Green had fled to avoid prosecution; improper doubling ofaggravating circumstances; unproven finding of the heinous, atrocious, or cruelaggravating circumstance; refusal to find mitigating circumstances; anddisproportionate sentencing, compared to other cases. The court affirmedthe conviction and sentence on 07/07/94.
On11/25/94, Green filed a petition for a writ of certiorari with the U.S. SupremeCourt. The court denied the petition on 02/21/95.
On03/18/97, Green filed a 3.850 motion with the Eighteenth Circuit and amendedthe 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 themotion in part and denied the motion in part.
On12/19/05, Green filed a 3.850 motion appeal with the Florida SupremeCourt. The state filed a cross-appeal on 01/03/06. Green’s 3.850motion appeal was granted on 10/11/07; the FSC remanded this case for a newpenalty phase.
On08/03/06, Green filed a petition for writ of habeas corpus with the FloridaSupreme Court. This writ was denied on 10/11/07.
On08/31/09, Green was resentenced to life imprisonment by the Circuit Court.
InstitutionalAdjustment:
THE FOLLOWINGENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THERULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/07/03 30 POSS OFCONTRABAND UNION C. I.
Reportdate: 03/28/01-tb
Approved: whs
Updated 09/08/09-kkr