- 27 Apr 2022 03:52
#15224354
A Florida man who was freed from prison a year ago could be sent back to prison after a higher court reinstated his original murder conviction.
Crosley Green was convicted in 1990 of murdering 22 year old Charles Flynn the year before. He spent 32 years in prison before his conviction was overturned by a federal judge in 2019 after new evidence emerged. Now a higher court has ruled against him.
Man who had murder conviction overturned may have to go back to prison - CBS News
"48 Hours" series, Erin Moriarty
What this proves is how subjective court decisions can be. One court of appeals decides this man should be released, while another court of appeals decides he should not have been released.
The prosecutor had written in a memo at the time saying they had suspicion that another female suspect may have been the perpetrator, because she changed her story about what happened several times. That information was not made available to Green's defense attorney at the time he was convicted.
The second appeals court decided that the memo would not have changed the jury's original decision, and that the federal court should not have intervened because the defendant had not exhausted all his possible legal claims in state courts.
Green's sister Shirley points out that Green was once offered a 10 year plea deal, if he had agreed to plead guilty. Yet another example of someone being punished for not pleading guilty.
Crosley Green was convicted in 1990 of murdering 22 year old Charles Flynn the year before. He spent 32 years in prison before his conviction was overturned by a federal judge in 2019 after new evidence emerged. Now a higher court has ruled against him.
Man who had murder conviction overturned may have to go back to prison - CBS News
"48 Hours" series, Erin Moriarty
What this proves is how subjective court decisions can be. One court of appeals decides this man should be released, while another court of appeals decides he should not have been released.
The prosecutor had written in a memo at the time saying they had suspicion that another female suspect may have been the perpetrator, because she changed her story about what happened several times. That information was not made available to Green's defense attorney at the time he was convicted.
The second appeals court decided that the memo would not have changed the jury's original decision, and that the federal court should not have intervened because the defendant had not exhausted all his possible legal claims in state courts.
Green's sister Shirley points out that Green was once offered a 10 year plea deal, if he had agreed to plead guilty. Yet another example of someone being punished for not pleading guilty.
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