Former Florida Death Row Inmate Crosley Green Petitions for New Trial

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Jul 09, 2010, 10:50 ET

14 Witnesses Step Forward to Bring New Light to Green's Innocence

WASHINGTON, July 9 /PRNewswire-USNewswire/ -- Former death row inmate Crosley Green has petitioned a Florida court for a new trial concerning the 1989 murder of Charles "Chip" Flynn in Mims, Florida. The petition sets forth sworn statements from four of the prosecution's witnesses who have recanted their testimony and new evidence that speaks to Green's innocence, including eight sworn affidavits from key alibi witnesses who say they saw Green far away from the scene of the crime at the time of the murder. The petition also presents two sworn affidavits from former Brevard County Sheriff's first responders to the murder scene who state that the evidence they witnessed the night of the murder pointed to someone else, and not Crosley Green, as the person who shot Chip Flynn. Pro Bono lawyers from the Washington, D.C.-based law firm of Crowell & Moring LLP working with local counsel have filed the petition for Green in the 18th Judicial Circuit Court of Brevard County, FL.

"Crosley Green has spent 20 years in prison for a crime he did not commit, and he deserves a new trial. Eight witnesses put him at a different place at the time of the crime, and the prosecution's star witnesses have since recanted their testimony that led the way to his false conviction. Crosley deserves his life back, and the Flynn family deserves to learn the truth about the tragic loss of their loved one," said Crowell & Moring LLP partner Keith J. Harrison, lead attorney for Green.

In 1990, Green was found guilty of first degree murder of Flynn and sentenced to Florida's death row. After a decades-long battle to appeal the sentence, Green was released from death row in 2009 and re-sentenced to concurrent terms of 17 years and to a consecutive term of life without eligibility for parole before 25 years on convictions related to the incident.

Green steadfastly maintains his innocence and hopes that a new trial will lead to his exoneration. The petition includes affidavits from four of the prosecution's witnesses, including a new affidavit from Laymen Layne, who state that their testimony at the time of trial and a post-trial hearing was untrue and that Green never confessed to the murder. All four state that they offered testimony against Green to help themselves in connection with unrelated cases.

The filing also includes sworn affidavits from former officers of the Brevard County Sheriff's Office who, as first responders to the scene, state that another individual, not Crosley Green, was the initial prime suspect in the murder based on their crime scene observations. The petition also provides seven new affidavits (eight in all) of eyewitnesses who corroborate Green's alibi, and it sheds new light on DNA and other critical evidence.

Robin M. Maher, director of the ABA Death Penalty Representation Project, recruited the firm for the matter and has been closely following developments in the Green case. "The stellar team from Crowell & Moring has done absolutely Herculean work on the case and has given Mr. Green real hope for justice," she said. "His case deserves careful consideration by the courts going forward as he works to prove his innocence."

Lead counsel for Green are Crowell & Moring partners Keith J. Harrison and Robert T. Rhoad, and associate Stacie B. Lieberman. Local counsel for Green is D. Todd Doss of Lake City, FL.

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, Anchorage, London, and Brussels. Visit Crowell & Moring online at http://www.crowell.com.