Crosley Green

Case details

Crosley Green was sentenced to death on February 8, 1981.

The offence

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 facedown 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.

Background

Prior to this offense, the defendant was convicted of robbery in New York State in 1977.

Timeline

• 04/03/1989 — Late in the evening, Green robbed Charles Flynn, Jr. and Kimberly Sue Hallock, tied Flynn’s hands behind his back, and forced them at gunpoint to ride with him to an orange grove; Hallock testified she saw Green fire a shot before escaping.
• 02/08/1991 — Defendant was sentenced: Count I First-Degree Murder — Death; Counts II–V — 27 years imprisonment for each count.
• 02/15/1991 — Green filed a direct appeal with the Florida Supreme Court.
• 07/07/1994 — The Florida Supreme Court affirmed the conviction and sentence.
• 11/25/1994 — Green filed a petition for a writ of certiorari with the U.S. Supreme Court.
• 02/21/1995 — The U.S. Supreme Court denied the petition.
• 03/18/1997 — Green filed a 3.850 motion with the Eighteenth Circuit.
• 11/30/2001 — Green amended the 3.850 motion.
• 04/24/2003 — Evidentiary Hearing (part 1).
• 10/28/2003 — Evidentiary Hearing (part 2).
• 02/24/2004 — Evidentiary Hearing (part 3).
• 10/09/2004 — Evidentiary Hearing (part 4).
• 11/22/2005 — The court granted the motion in part and denied the motion in part.
• 12/19/2005 — Green filed a 3.850 motion appeal with the Florida Supreme Court.
• 01/03/2006 — The state filed a cross-appeal; both appeals are pending.
• 08/03/2006 — Green filed a petition for writ of habeas corpus with the Florida Supreme Court; it was pending.

Investigation and prosecution

Supreme Court of Florida opinion 77402; opinion SC05-2265; 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. Collateral Appeal: Mark Gruber & David Hendry – CCRC-M.

Trial

Charges (indictment)

Crosley Green was indicted on the following charges:

• Count I First-Degree Murder
• Count II Armed Robbery
• Count III Armed Robbery
• Count IV Kidnapping
• Count V Kidnapping

Verdicts and advisory sentencing

• 06/20/1989 — Indicted on the charges listed above.
• 09/05/1990 — The jury returned guilty verdicts on all counts of the indictment.
• 09/27/1990 — Upon advisory sentencing, the trial jury recommended the death penalty by an 8 to 4 vote.

Sentencing

• 02/08/1991 — Green was sentenced as follows:
  • Count I First-Degree Murder — Death
  • Counts II–V — 27 years imprisonment for each count

Appeals and collateral proceedings

Direct appeal

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.

U.S. Supreme Court

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.

3.850 motion and appeals

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. Both appeals are pending.

Habeas corpus

On 08/03/06, Green filed a petition for writ of habeas corpus with the Florida Supreme Court; it was pending.

Other details

DOB: 09/11/57. Date of Offense: 04/04/89. Date of Sentence: 02/08/91. Circumstances of Offense: Late in the evening of April 3, 1989, Green robbed the two victims in a park near Mims, Florida, tied Flynn’s hands behind his back, forced them at gunpoint to an orange grove, and Hallock testified she saw Green fire a shot; Flynn died before paramedics arrived. Additional information: Prior to this offense, the defendant was convicted of robbery in New York State in 1977.