Crosley Green: His case and the error that’s keeping him in prison
Engagement editor John A. Torres recently sat down with Crosley Green to talk about the mistake that’s keeping him from parole eligibility.
The celebrity wannabe ‘lawyers’ and the pop-culture obsessed American public are clamoring for the release of Lyle and Erik Menendez.
No matter what you feel about the two men who gunned down their parents in 1989 then went on a cocaine, Rolex watch and new car-buying spree, later claiming they were victims of sexual abuse and were afraid for their lives, one thing is indisputable. They actually murdered two people.
Not just two people but their own parents. They bought shotguns, bought ammunition and carried out this gruesome and grisly massacre. If celebrities and a misguided public want to see them go free, then so be it.
The public was seduced by a 2024 true-crime drama called “Monsters” and subsequent documentaries painting the killers as victims. There’s been so much support for the brothers that the Los Angeles district attorney is considering re-sentencing the pair.
But what about people in prison who are actually innocent? What about people like Crosley Green who was railroaded the same year the Menendez brothers did their deed? Where is his support?
That question has vexed me for years but even more so of late in light of the push to free the Menendez brothers and a crush of emails asking me if there could be a pardon coming from outgoing President Joe Biden during his final days in office. That’s the easy one to answer.
No, Biden cannot pardon Green even if he wanted to.
“The Constitution grants the president the authority to issue pardons in Article II, Section 2, Clause 1. Think of a pardon like a “get out of jail free” card in Monopoly ― it lets the President erase someone’s federal crime as if it never happened,” explained Melbourne attorney Scott Robinson. “However, the president’s pardon power has several key limitations: It only applies to federal crimes, not state crimes. So, if someone breaks a state law, the president’s pardon power can’t help them.” While Crosley’s attorneys with Crowell & Moring await an appellate decision on a devastating error by Florida’s parole board that added decades to Crosley’s parole eligibility date, they are likely also exploring seeking clemency from Florida’s governor. But that won’t be easy.”The clemency process in Florida is complex. It begins with a detailed application to the Office of Executive Clemency, which is essentially a request explaining the person’s criminal history, personal circumstances, and why they deserve clemency,” Robinson said. “Ultimately, the governor, who must have the support of at least two Cabinet members, decides whether to grant or deny clemency. This decision is highly discretionary, and the entire process can span several years without any guarantee of success.”
Crosley Green: How we got here
Green was originally sentenced to die in Florida’s electric chair when he was convicted in 1990 of the murder, kidnapping and robbery of Chip Flynn, a crime that many ― including the two responding law enforcement officers from the Brevard County Sheriff’s Office ― believe he did not do. After serving nearly 20 years on Florida’s death row, Green was re-sentenced to life in prison.
Green was convicted with the help of junk science testimony from a dog tracker, whose dog tracked sneaker prints that did not belong to Green; a prejudicial photo lineup; strong-arm tactics that witnesses later said persuaded them to give false testimony — they all recanted except for Flynn’s ex-girlfriend Kim Hallock, whom first responders believed was responsible for the shooting.
Green’s conviction had been vacated by the Middle District Court of Florida in 2018, yet he remained in prison until 2021 because the state appealed. The Middle District Court of Florida ruled that the state cheated in the case by not divulging information prosecutors knew. That information was that responding officers believed Flynn’s ex-girlfriend was the killer and not Green.
In 2021, Green was released on house arrest while the appeal was pending. He lost the appeal and was ordered back to prison in 2023.
It should be noted that more than 100 prominent law professors, former state court judges, and a group of current and former prosecutors filed amicus briefs to the U.S. Supreme Court urging them to hear Green’s case. The court refused to do so.
Hollywood support for killer brothers
Reality television star Kim Kardashian has publicly called for the release of the Menendez brothers saying “following years of abuse and a real fear for their lives, Erik and Lyle chose what they thought at the time was their only way out — an unimaginable way to escape their living nightmare.”
I guess murder was a better option than moving out or calling the police, seeking therapy or any other non-parricide option. But Kardashian is not alone. Strangely enough, comedian Rosie O’Donnell has described herself as a proxy “big sister” to the brothers and has also publicly called for their release.
I get feeling sympathetic for alleged victims of sexual abuse but the brothers went out and spent $700,000 in the days following gunning down mom and dad, partying, investing in restaurants, buying a jeep, a porsche and hiring a personal tennis coach.
That turns my stomach almost as much as the celebrities going ga-ga over the brothers. If only someone who “mattered” because they starred in some blockbuster or had a Netflix comedy special would take a close look at the injustices in Crosley’s case.
Thankfully I’m not alone.
“The Menendez case is just more evidence of the terrible disparities in the justice system,” said CBS journalist Erin Moriarty, who has featured Crosley’s case on 48 Hours numerous times over the years. “How else can you explain the amount of interest in a case of two white, privileged killers and not see the same public concern for a Black man whose attorneys have shown over and over again is likely innocent? Crosley Green will likely die in prison because he doesn’t seem to count in this country.“
I posed my dissatisfaction over the growing support to free the Menendez brothers to Kenneth Nunn, law professor at Howard University who taught many years at the University of Florida. He is familiar with Crosley’s case and has met him several times.
“As for Crosley, I’m convinced he’s been incarcerated all these years for a crime he never committed and irrespective of that he’s been a model prisoner,” Nunn said. “I think it would be simple justice to at least let him spend his remaining years with his family.”
Justice. It seems like a simple concept but rarely is, except, of course, if you have celebrities backing your quest for freedom.
Contact Torres at jtorres@floridatoday.com. You can follow him on X @johnalbertorres.