On the Anniversary of His Return to Imprisonment, Crosley Green's Lawyers Ask a Florida Court to Correct the Miscalculation that Could Cost Him 40 Years of His Life
They argue that the Commission arbitrarily added more than 40 years to Mr. Green's sentence, contrary to Florida law.
TALLAHASSEE, Fla., April 18, 2024 /PRNewswire/ -- On the one-year anniversary of Crosley Green's return to prison for a murder he did not commit, after previously serving more than 30 years, lawyers for Mr. Green asked a Florida court to order the Florida Commission on Offender Review to correct the miscalculation of his eligible parole date. They argue that the Commission arbitrarily added more than 40 years to Mr. Green's sentence, contrary to Florida law.
The 66-year-old grandfather has already served more than three decades in prison while maintaining his innocence in a 1989 Titusville, Fla. murder. If the court does not intervene, Mr. Green could remain behind bars until at least 2054, when he is 97 years old.
On April 17, Crowell & Moring lawyers for Mr. Green petitioned Florida's 2nd Judicial Circuit for a writ of mandamus to compel the Commission to calculate Mr. Green's presumptive parole release date (PPRD) in compliance with Florida law and the Commission's own precedent. They argued that the Commission arbitrarily added more than 40 years to Mr. Green's sentence by counting underlying offenses against him when the law prevents the Commission from doing so. Had Mr. Green's PPRD been calculated correctly, he would have been eligible for parole in 2014.
"It is one thing for the Commission to make a mistake; it is another to keep a man behind bars until he is 100 years old to avoid having to correct that mistake," said Keith J. Harrison, who leads the pro bono legal team at Crowell & Moring that has defended Mr. Green's innocence since 2008.
At two Commission hearings in 2023, Mr. Green's lawyers argued that the Commission miscalculated the PPRD and that Mr. Green has a right under Florida law for proper consideration of parole. In November, Commission Chairman Melinda Coonrod agreed and voted to grant the full relief Mr. Green requested. However, two other members of the three-person panel voted to "take no action."
"Mr. Green is now in his 60s. If the court does not require the Commission to correct its mistake now, Mr. Green, who has been a model inmate, is more likely to die in prison than he is to get a chance at parole," Mr. Harrison said.
Mr. Green previously served 32 years in prison, including 19 years on death row, while maintaining his innocence of capital murder charges. He was convicted on the testimony of a single eyewitness, the victim's ex-girlfriend, who identified Mr. Green as the perpetrator. But Mr. Green was conditionally released in 2021 after a federal court found that Brevard County, Fla., prosecutors withheld witness interview notes that said two law enforcement officers provided evidence that the victim's ex-girlfriend—not Mr. Green—committed crime. The state of Florida obtained a reversal of that decision on appeal. In 2023, the U.S. Supreme Court declined to hear his case, and Mr. Green was ordered to return to prison.
"This case has been plagued by injustice from the very beginning and it continues through today. Again, and again, Mr. Green has been denied his rights. First, he was denied his right to a fair trial and now he's being denied his right to fair and proper consideration for parole. It's high time for justice and that's what we are seeking in our Petition," said Mr. Harrison. "Mr. Green's family, his fiancé, his church, and his community are all waiting for him to come home. They have not lost hope. And neither have we."
For more information about the case, visit the Crosley Green information page. View the filings here and here. View a FAQ here.
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