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.
About Crowell & Moring LLP
Crowell &
Moring is an international law firm with operations in
the United States, Europe, MENA, and Asia. Drawing on significant government,
business, industry and legal experience, the firm helps clients
capitalize on opportunities and provides creative solutions to
complex litigation and arbitration, regulatory and policy, and
corporate and transactional issues. The firm is consistently
recognized for its commitment to pro bono service as well as its
programs and initiatives to advance diversity, equity, and
inclusion.
Media Contact:
An Pham
Senior Communications Manager
Phone: 202.508.8740
Email: prteam@crowell.com
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SOURCE Crowell & Moring LLP