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Crosley Alexander GREEN






A.K.A.: "Papa Green"
Classification: Murderer
Characteristics: Kidnapping - Robbery
Number of victims: 1
Date of murder: April 4, 1989
Date of birth: September 11, 1957
Victim profile: Charles Flynn, Jr. (male)
Method of murder: Shooting
Location: Brevard County, Florida, USA
Status: Sentenced to death on February 8, 1981

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
Attorney, Collateral Appeal:  Mark Gruber & David Hendry – CCRC-M

Date of Offense: 04/04/89

Date of Sentence: 02/08/91

Circumstances of Offense:

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.

Additional information:

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

Trial Summary:

06/20/89         Indicted on the following charges:

Count I            First-Degree Murder

Count II           Armed Robbery

Count III          Armed Robbery

Count IV           Kidnapping

Count V            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

Case Information:

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. 

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.

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.

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



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