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[Music] since his temporary release from prison in April 2021 Crosley green was trying
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to make every minute count okay no all right you know I always wanted this not probably I always
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wanted this he met a beautiful woman named Kathy spikes who turned out to be the love of his life I mean we wake up
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in the morning laughing who laughs at 5:00 in the morning besides us you know it's a whole thing of the genuine that
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he has in his heart it won't do anything but gravitate me to him more and with faith in the face of uncertainty they
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decided to get engaged crazy about kissing you know what I'm saying boy it's okay hey come on do it
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come on every moment seemed special Crosley was spending time with over 10 grandchildren most of whom he had never
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met until his release he had a good job as an advanced machinist working with co-workers he liked and he became an
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active member in his church where he enthusiastically sang with a choir with me walk with my father
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you are with freedom however limited was looking good on Crosley green how long would it
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last on March 14 2022 almost a year after his release the 11th Circuit Court of Appeals in
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Jacksonville Florida ruled in crosley's case the 11th circuit essentially decided that the evidence of Innocence
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that was withheld would not have made a difference at his trial it was the worst
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possible decision for Crosley as crosley's attorney Keith Harrison explained it the 11th circuit court
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cided with the state of Florida ruling that the prosecution's failure to disclose those withheld notes would not
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have made a difference in crosley's trial crosley's conviction would be reinstated which meant Crosley could
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once again be taken from his family and returned to prison I can't say what going to happen
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can't no one say what going to happen all I do I get up and I pray for another day for more hours to be with my family
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but crosley's fight wasn't over yet his attorneys decided to appeal this time to
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the highest court in the land well we'll keep fighting there are a number of uh um additional appeals we
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can file but we will take the case to the Supreme Court um but we certainly we're certainly not going to stop I
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you to with I'm 48 Hours corespondent Aon morard this is murder in the Orange Grove the troubl case against Crosley
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Green episode 8 keep the [Music] faith when I heard that the 11 circuit court of appeals had ruled against
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Crosley I was first just shocked intellectually I knew it was a possibility but I had never let my mind
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go there I mean how does a man who spent more than 30 years in prison and then freed returned to a life behind bars
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there are certain rules that have to be met in order for a case to be granted relief at the federal level and those
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rules make it very difficult to do so Professor Kenneth nun a visiting law professor at Howard University sat down
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with me later to try to make sense of the 11 circuit Court's decision as Professor nun explains the circuit
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judges found a procedural error they ruled that the issue of the prosecutor's notes should have been properly heard
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first at the state level that sounds like a technicality it was a technicality and the problem is that he
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can't go back now to the state courts to present this this way and it sounds like
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he's pretty much finished in the federal court too there's just one other court which is the US Supreme Court that's it
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and how often does the US Supreme Court take a case like this the US Supreme Court doesn't have to take any case most
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of the cases that appear before the US Supreme Court go there by what's called a rid assary or cert petition you have
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to file aert petition with the US Supreme Court and ask them to take your case and you have to say look the reason
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why you should take this case is because it's important crosley's lawyers Keith Harrison and
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Jean Thomas knew their last shot to get Crosley a new trial was to petition the highest court in the land and they
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didn't go alone Harrison said that over 100 prominent law professors five former
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state supreme court judges from States like Texas Missouri and Mississippi along with a group of current and former
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prosecutors wrote amas briefs in support of Crosley green these are legal documents filed by people and
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organizations who aren't actually part of the case but who feel strongly that a case like crosley's presents issues that
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should be heard by the US Supreme Court a lot of people were aware of whose case
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and they kind of understood what issues were at stake one of those prominent law
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professors was Professor n he feared that the 11th Circuit Court decision would make it easier for other
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prosecutors to withhold evidence from defendant it's a real serious problem that we see when cases come up and there
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is prosecutorial misconduct and it appears as if the courts do not enforce those rules
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against the prosecutor that makes our criminal legal system unfair and it harms our society as a whole and
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it undermines the rule of law the Supreme Court says it receives approximately 7,000 to 8,000 petitions
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every year hearing only about 80 of those cases almost two years after Crosley walked out of prison he got his
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answer Keith Harrison Jean Thomas and the crow and Morin legal team didn't want C to hear it over the phone and
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they didn't want him to hear it alone on February 27th 2023 they asked Crosley and his family
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to meet in a conference room at the Holiday Inn in Titusville Florida good to see you crley good to
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see you good see it was a somber Keith Harrison who shook crosley's hand that morning and then led him to a table
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draped in a black tablecloth with several chairs around it Crosley took a seat and his legal team who recorded the
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discussion filled in the chairs around him sh how you doing to Crosley sister Shirley White his brother o Conor green
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and his son schuma Stokes then entered the conference room and took their seats that's when Harrison broke the news all
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right well look thank you for for coming in I will just get right to it the Supreme Court is not going to hear
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our case so they have denied our petition what happens next is that notice will go to the 11th circuit and
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at some point the 11th circuit will issue a mandate reinstating Cy your conviction MH I was not in the room for
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this meeting and looking at Cy on video it's hard to read his facial expression here he he seemed focused just trying to
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absorb what he was hearing he slowly nodded his head in understanding why do my brother have to
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continue going through this crosley's older sister Shirley White took the news hard is y'all going to send him back to
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prison for a crime he didn't commit y'all going to take him away from his family again he took him 33 years
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yall going to do it again to my brother it's un it's not jti it's not right you're right it's not
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right who to say I'm going live another 5 or 10 years who that any of us going to live another fact
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you the system failed us and in that difficult moment Crosley assumed the role of Papa again he stood
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up behind Shirley rubbing her back to console her I truly believe that we all going to be together
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one day we all going to be together one day not like this brother Shirley said not
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like this brother Crosley then looked over at his little brother ok' Conor who was sitting
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next to Shirley crying and wiping tears from his eyes as well Crosley always the
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stoic Strong One cracked you have show me a lot since I me [Music] home don't let this it to
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you it was very difficult to watch crosley's family deal with yet another blow for crosley's son schuma the
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thought of losing his father again to the system was inconceivable he didn't hold back his
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anger and frustration as he left the table and stood by the conference room door you ain't the only one doing time
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we doing time right with you we doing the time with you you know what I'm saying it's a
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family thing and now it's getting torn apart again now we got to open these scabs and all of this oh we know it was
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you know was a possibility but now it's here no my kid grandkids all of that everybody got to
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go back through this again got to go back down this road man that hurt man that hurt as Crosley went over to
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embrace schuma schuma started to cry let me bab there was no time to fall apart Crosley his family and the lawyers had a
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public press conference to get through good afternoon and thank you for joining with us today it was live streamed on
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Facebook from the same room at the holiday in several people joined the press conference in person seated in
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chairs facing a Podium Crosley and his family were seated at a table behind the podium crosley's fiance Kathy was there
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in the crowd supporting Crosley and his siblings and son during this hard time Professor Kenneth nun was present as
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well as Wilton dge and William Dylan the two men wrongfully convicted in Bard County by Florida prosecutors in the
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1980s Keith Harrison broke the news to the public this is a tragic day not just for Crosley green not just for the Green
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family but for all of us all of us who will not hear any more of about his case and then Crosley stepped up to the
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podium to give his thanks and an emotional speech now right now I feel a little weak
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because it's the love that I get from my family from peoples in general like you
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guys it hurts me to see you hurt that's what's hurting me the freedom I had in the last two years it's been wonderful
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believe me I don't want this take him from me I want to continue going on like I'm going on I'm willing I'm able to
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keep fighting never give up fighting for my freedom to my family I love you all of you thank you
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for now amen [Applause] a lot of people ask me all the time and they'll say he's not angry I me you're
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not angry about having to go back you've already served so much time God knows I'm not angry I continue to have hope
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faith and all I just move forward truthfully you know I feel like the only judge I'm
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facing now is the three judges that I always fac it the father Son and the Holy Ghost I came
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say much about [Music] [Music] man we woke up at 4:30 I think he might have said a couple
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of prayers silently that I prayed for us both as a reporter I had seen several people walk out of prison I had never
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seen anyone go back in when I sat down with Kathy spikes a few months ago she described the final hours before her
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fiance surrendered himself back to the state on April 17th 2023 the attorneys called and my stomach
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went into nuts um they were going to pick him up at 6:00 a.m. that morning um I don't think we even ate we sat around
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we talked family came over you be all right you'll be all right be a good girl the Sun was shining
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on crosley's last day as a free man I was standing with his friends and family as they gathered outside his
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brother-in-law's home to say their final goodbyes I just want you to know that I
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love you I really really really really appreciate all you have done for me Crosley spoke to his cheerful brother
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o' Conor while they leaned on the hood of a car he was as usual being Papa the patriarch giving words of advice and
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sharing his wisdom I really want you to pay more attention to your health though you hear me I always love you
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brother I know this I know this watching CR ly he didn't look like a man about to
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go back to prison he wore a Buffalo Bills t-shirt a pair of jeans and oddly a furry raccoon tail hat he was clearly
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trying to add a little levity to a dark day he walked around with his hands in his pockets as he conversed with other
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family members get on up here well she'll before he headed out everyone got together for a group photo with Papa
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green get up here get up here y'all get up here little people get the little people up in front they
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up two it work hey I love y'all man listen listen y'all be strong man eventually it was time to go a
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massive black Cadillac Escalade courtesy of the lawyers was parked on the curb waiting to take Crosley to the Florida
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Department of Corrections Kathy stood with Crosley after his goodbyes to his family and
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they got into the Escalade together Keith Harrison and Jean Thomas were there too and rode over to the facility
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with them I follow behind in my own vehicle during the drive Crosley and Kathy held on to each other in a tight
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Embrace and shared Tender Kisses savoring the last moments of physically being together when they arrived at the
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Florida Department of Corrections Harrison and Thomas got out first Crosley and Kathy followed it was almost
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like um I'm not going to cry um prep preparing yourself for like a funeral it was one of the saddest moments to
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witness as a reporter hand in hand with Cathy Crosley walked with his attorneys into the Florida Department of
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Corrections to turn himself in it was more or less like walking through a door and never
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knowing when you're going to come back out and to have somebody tell you only have pretty much 4 seconds to give a hug
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and to say your goodbyes um I'm having everything in my mind of how I wish I had have stayed I for work
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longer um I wish I had a couple more days with him I wasn't gonna cry it's okay it's
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okay it's understandable I just know that April became a very hard month for me and I I
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tell him April this seems like a reoccurring tragedy over and over again you know the crime happened in
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April he was released in April which was a happy moment but then he was reincarceration in April just to think
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of the hours that go by the phone doesn't ring the phone call of saying what do you want to eat today that would
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never happen as far as he's incarcerated crosley's three deade long journey through the court system was
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over but not his chance for Freedom Crosley is a perfect candidate for parole I can't think of frankly a reason
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why he wouldn't be paralled that's Keith Harrison they can't point to his his being a
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model inmate they can't point to anything he did when he was out for two years it's almost like a trial
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parole you know so there's really as far as I can see no basis no reasonable basis upon which he would be denied
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parole his attorneys now turned to his parole board as the next step to getting him out but to their shock they were hit
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with a another blow the parole commission has essentially miscalculated his eligibility Keith
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Harrison and Jean Thomas discovered that back in 2015 the Florida parole commission had
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made a mistake when calculating the date when Crosley would become eligible for parole according to the lawyers Crosley
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should have been eligible to apply for parole in 2014 but somehow the commission
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incorrectly said it to 20159 a difference of 45 years how did they make that miscalculation well it had nothing to do
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with cley Green's actions in the prison system he had been a model prisoner instead the Florida commission
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set crosley's parole eligibility based on his original 1990 conviction when he had been found guilty of robbery
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kidnapping and first-degree felony murder but Harrison said that under Florida rules only the felony murder
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charge not the additional charges of robing kidnapping should have been considered it's part of the same crime
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it's what's called a lesser included offense part of the same crime so it's like essentially double counting and in
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fact the ru rules say that the amount of time for those underlying offenses should be zero that's what the rules say
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zero what's more the parole commission made its calculation back in 2015 without notifying crosley's
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attorneys they were unable to represent Crosley at the time to correct the error Crosley was not present Crosley
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was not represented by Council we were never informed this was going on did Crosley know it was going on Crosley
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knew that somebody from the parole commission staff came to talk to him in prison but he did not understand what
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was going on nor is there any evidence that he ever received their decision and what did Crosley think
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about all of this when I first heard about it you know I was I was shocked man you mean tell me I was Edge for
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parole back in 2015 2014 and I didn't know nothing about it I really was just dumbfounded okay why so
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much is going against me but do you feel that sometimes that just as soon as you make a step forward
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there's something that step backwards you know make a step forward step back and we immediately you know filed
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essentially an administrative appeal um we got a very quick hearing on it and that's how on June 21st
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2023 crosley's legal team appeared before the parole commission asking for a correction for crosley's parole date
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but someone else had earlier told the same commission she didn't want that parole date to
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change the voice you just heard was none other than Kim H now going by her married name Kim Landers
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for allowing me to give a statement hopefully this will keep behinds for the duration
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of Kim said she hoped that quote this will keep Crosley green behind bars for the duration of his
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life the teenager who is with chip Flynn in that Orange Grove before he died was
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now 53 years old and for several years had worked for Bard County in her statement Kim said Crosley had used the
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media to quote manipulate people to think he's innocent this is the first time we're
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hearing Kim's voice since her police interview on April 4th 1989 hours after the Murder She was
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never willing to talk publicly about that night the recording of her statement to the commission is difficult
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to understand so listen carefully I genuinely believe he remains a danger to society and should never be given the
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opportunity to Curt me or anyone else in the future probably had a chance to be a
00:25:31
law buing system before he his current incarceration but chose to be a career criminal and in the end a coldhearted
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murder as you can hear Kim sounded frustrated and rushed in her statement at this point an unidentified voice in
00:25:47
the recording Cuts in if you need to take a breath that's fine I'm all right okay I'm all right
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okay there is no reason to believe that this at this point in his life probably to be anything other than he's always
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been a complete Min of society closing I request that you that this board uphold
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the 2015 par decision and leave this mer par in the end the commission reduced crosley's parole eligibility by five
00:26:21
years based on quote positive conduct while on release which brought the original calculation down from year
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2059 to 2054 if that calculation stands Crosley will not be eligible for parole until
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he's 97 years old I sometimes go back to the fact that he was originally offered 10 years in
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prison as a plea deal to save them from having to try this case and he turned it
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down because he was innocent and he's been in prison for 33 of the last 35 years and they're
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fighting to keep him in until he dies when 10 years was enough to protect their interest from the
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beginning the commission said it will review crosley's case again in March 2026 I asked Professor nun why
00:27:22
authorities in Florida remain so adamant about keeping Crosley green Behind Bars
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I think there are some people who believe that it is a deterrent to to Crime because what you want is you want
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the prison experience to be as uncomfortable as possible and I think that most of the actors in the State of
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Florida have what I see is an old-fashioned view that is more punitive than it is
00:27:53
rehabilitative the whole issue of whether someone is a threat to society or not anymore is not even a question
00:28:01
they're concerned about I think that's unfair and I think it's mean-spirited and I think it undermines
00:28:09
public confidence in the criminal legal system from technicalities to miscalculations it seemed like everyone
00:28:27
could make aist mistake but Crosley was the one paying for it this is Kenneth nun people tend to
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believe the charge that a black person committed a crime because we created a society that ties black people black
00:28:43
communities the things that black people do to criminal activity and when criminal charges are laid at the foot of
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a black person it's very difficult to shake them off as of the recording of This podcast in 2020 4 crosley's legal
00:28:59
team petitioned Florida's courts to compel the parole commission to recalculate crosley's parole dates the
00:29:08
lawyers are now waiting for a response if they don't win this time they will ask for clemency from Florida Governor
00:29:16
Ronda santz that is probably a long shot you know right now as we speak there are
00:29:25
almost 60,000 signat on a change.org petition I mean does that what it kind of comes down to at this point how
00:29:35
important then is public interest in this can that make a difference well I I think it can make a difference I think
00:29:41
it's important because it does keep the pressure on it makes uh officials go back and look at the case since all of
00:29:50
his Avenues of relief are in the political realm and not in the legal realm per se I mean politics boils down
00:29:59
to what the people want and so if you can show 60,000 or 600,000 people who support this case then I think that's a
00:30:08
positive and it could inure to his benefit since the first airing of crosley's story on 48 hours back in
00:30:19
1999 through to our most recent story in April of 2023 there have been people who don't
00:30:26
know Crosley personally but who are so convinced of his innocence they've shown up time and time again to support him in
00:30:34
court they've started petitions in his honor sold t-shirts that say free Crosley green and made their own calls
00:30:42
to Bard County demanding crosley's freedom I think what matters about Crosley Green's case is what it says
00:30:50
about us are we a society that really cares about Justice or do we just pay lip service to it is it okay for a
00:30:59
person who hasn't committed a crime to spent decades in prison for something he didn't do I think that many Americans
00:31:09
would find that to be probably the most terrible thing to happen to them and it tells about who we are as a people who
00:31:19
we are as a country uh what kind of justice system we have and what our Legacy is going to be for future
00:31:27
Generations if we don't do something to correct a problem that occurred in this case and
00:31:33
we just let Crosby green sit in jail when there's no justification for it we want to think that the legal system
00:31:40
works for everyone that it doesn't matter if you're poor or black or without resources when the system doesn't work
00:31:49
our job is to shine a light and so here I am still reporting on the troubl case against Crosley green
00:31:59
hey how you doing hey Crosley hey hey good to see you again it's great seeing you I told you I would be here soon this
00:32:08
wasn't quite as soon as I hope it's soon enough it's really soon [Music] enough I knew I needed to talk to
00:32:19
Crosley again now back in prison I visited him on June 19th or what is better known as Jun juneth
00:32:30
2024 it's June 19th it's a day in which it's about Justice you know it's about justce it's
00:32:38
about people supposed to get together pull together and figure something out the irony wasn't lost on either of us
00:32:46
that this was a day to commemorate the emancipation of enslaved people in the US and here Crosley was back in
00:32:56
prison Crosley is housed at the Sumter Correctional Institution in Bushnell Florida this minimum security prison is
00:33:05
around a 2 and 1 half hour drive away from his family over the years I had seen Crosley on death row I had seen him
00:33:14
serving life and I had seen him living his life I wasn't sure what to expect on this trip but I was anxious to let him
00:33:24
know that he had not been forgotten you started telling me that this time is a little harder than it's been in the past
00:33:34
yes it is you know you have to understand that I was out for two years and it felt good it really felt good to
00:33:40
be out there and doing the things that a normal person does in life and uh just coming back here you
00:33:49
know you you sit back you think about that and you think about the people that you love people that love you Crosley
00:33:57
looked thin but healthy he was allowed to talk with me in a conference room without any shackles or
00:34:06
restrains what is the toughest time of the day what is the toughest time of the day there's a few tough times during the
00:34:15
day you know the afternoons it's tough in the afternoons and it's tough in the even this you know because normally
00:34:28
I come home after work when I was out my sons come over my sister and them might come over we all sit out eat the
00:34:36
ice cream or s store get some pizza chicken or whatever I miss that okay I really do miss that a great deal but
00:34:45
what he misses most is what so many of us take for granted what he misses every single day is what he felt when he was
00:34:55
with Kathy and I ain't never experienced a lot of stuff because of the time I've been locked up
00:35:03
and stuff like that I never experienced having to sit or be around a person that that always made me
00:35:13
laugh made me happy you know love me and stuff like that that I'm getting to do stuff that was pretty much what I never
00:35:23
thought I would be doing and it felt good I mean that's what a lot of people take for GR granted that having a woman
00:35:30
who loves you and having dinner at home that's your idea of freedom I never thought i' have a life like
00:35:36
that okay and for me to have start to have a life like that that was special to me a lot of times C to come to
00:35:46
visit and she she do it on a regular basis and it bothered me because she doing a lot of traving it's not quite
00:35:54
the life Kathy had prayed for but she told me she isn't giving up on the man she loves I'm a a certified nurses aid
00:36:03
and I work night shift so usually when I get off work at night I'll come home and
00:36:08
on Thursday mornings and change and then I take a 2-hour drive to go visit him for lunch and make sure that we keep at
00:36:17
least that normalness in our lives what's your biggest fear at this moment Kathy
00:36:28
that he will never probably get released what do you pray for what do you pray about I I pray for a lot of different
00:36:42
things I pray for just two people to hear crosley's case on the commission board and come to like minds and see
00:36:52
that he can be released it should be released I pray for governor desandis and Lady Dan is to have a heart and to
00:37:00
understand that they can also make a difference in his life and in this case I pray for Kim HCK the most um that she
00:37:09
will be able to go and have peace and say that the story happened this way and that's the
00:37:17
[Music] truth Crosley has not given up hope what are you working on while you're here
00:37:25
well my my goal is right now is to get my GED if you remember Crosley had dropped
00:37:33
out of high school to work with his father and now he's back in school he's created a busy full life inside prison
00:37:42
he tends to the prison grounds he's involved in a faith-based program and he's made a lot of friends we got a
00:37:51
prayer group at night and in our prayer group we prayer for others for ourselves
00:37:58
but we pray for others as well we pray for sickness healing marriages and everything you know and for your freedom
00:38:08
and for for our freedom not just for my fre for our freedom we don't lead no one
00:38:15
out every in that Circle we hold hands we pray for each and every one of us and for those that are not in our
00:38:24
Circle I was allowed an hour and a half with Crosley and when my time was up all
00:38:30
right so I'm going to I have to let him go right yes I know is it's hard you I'm
00:38:36
sad yeah you sad I know you sad but see you know what though uh the sooner the better though cuz you make me feel real
00:38:43
sad to see you like that well I don't want to I know I know I know but it's just that me and you got this spond that
00:38:51
we had ever since all them years back then you know I hope that next next time I see you your back I'm sure I I'm kind
00:39:01
of like pretty much I I really feel that things going to go my way this time good
00:39:08
things are here thanks for coming all right you know that let me get this in I got to get my school
00:39:19
work because Crag green never got a new trial we'll never know what really happened on April 4th 198
00:39:27
89 but Crosley green is not the only person who didn't get Justice neither did 22-year-old Chip
00:39:36
Flynn who died that early morning in an Orange Grove how and why did Chip Flyn die why did it take so long to get him
00:39:48
help throughout this podcast you heard about the cops who failed to thoroughly investigate the story told by Flynn's
00:39:56
ex-girl friend you heard her inconsistent stories you heard about the lack of evidence and you heard Witnesses
00:40:06
admit they lied to authorities before and during Crosley Green's trial and of course you've heard a lot about the
00:40:14
prosecutor who failed to turn over exculpatory evidence none of these people have faced
00:40:21
serious consequences for what they did or failed to do but but Crosley green has before he went back to prison in
00:40:34
2023 crosy green preached one last sermon to his church congregation I got a verse I want to
00:40:43
read out of this Bible I'm G to read Matthew 25 okay and it says do not worry all right all right you hear me do not
00:41:07
worry and this is what I be trying to tell my sisters my family do not worry I don't worry when I'm by myself
00:41:18
but when I get with you guys and I see your expression even with friends or supporters I see their expression I see
00:41:25
tears fall from there they bother me and I tell them don't worry man I'm okay I'm
00:41:30
always telling y'all don't worry I'm okay I can do this let me show y'all be strong with me I'm in God's hand amen
00:41:38
amen I am in God's hand yes you understand believe me when I tell y'all everything will be okay amen I love
00:41:48
y'all and thank you for listening to me thank [Applause] you murder in the Orange Grove was
00:41:58
reported by me Aon morard alongside producers Alan Pang Annie Cronenberg and Allison Bailey Kiara norbitz is our
00:42:08
coordinating producer and Florence brough Adams is our story editor additional production support from Dylan
00:42:15
Gordon Marlon polycarp Caroline Casey and Christine Driscoll Judy tigart is the executive producer of 48 Hours Gail
00:42:25
Zimmerman asenna basak Mark gobom Charlotte Fuller Judy Ryback and Steven McCain produced the original 48 Hours
00:42:34
episodes associate producers were Michael Loftus and Shaheen Toki Patty aronowski was a senior
00:42:43
producer special thanks to Megan Marcus Jamie Benson Nick poser and Gail spru [Music]