Crosley Green's Hard Time | Full Episode | Forensic Files

[Music] what I've been telling you for the last 20 something years that I was [Music]
inoc we don't know what happened that night all we know is that chip Flynn picked up his ex-girlfriend they had sex
they smoked marijuana then chip Flynn got shot in the early morning hours of April
4th 1989 the police received a 911 call from Kim HCK I was dispatched almost immediately they did eventually find
chiplin lying in an abandoned Orange Grove he's been shot I get a call shortly after 2:00 that he has died
there was a statement taken from Kim HCK the black guy stepped out with a gun and
I heard about five or six gun shots you don't see anybody else around shots were fired you don't see any shell
casing and just makes you wonder I don't know the black guy told me how was a [ __ ] I don't believe words she
says it's unfortunately a classic case of what is often referred to as a racial hoax which is a black guy did it
so you get then called in by the prosecutor I told him I thought she did it I said to him you know I think you
need to take a a close look at Kim HCK were you at all surprised when Crosley green was charged with chip
Flynn's murder it was a total shock this this was like picking a name out of a [Music]
hat we finally had a federal judge ruled that crawly green had been wrongfully and
unconstitutionally convicted we did it Cy's going to be released brother and we thank you Father for
opening up doors that man have shot for us it was so joyous love love you too all
right it's going to be okay Y is y'all going to send him back to prison for a crime he didn't commit yall going to
take him away from his family again what was your reaction when the court of appeals ruled against Crosley
reinstated his conviction it was it was pretty devastating really I got to turn myself in tomorrow
I don't think I'm going but that's that's me cuz it's always a miracle God always sends out a miracle to someone
you never know when how where [Music] [Music] 48 Hours has been covering the questionable conviction of Crosley green
for 24 years crosley's attorneys say that race was a factor from the beginning the evidence that Crosley
green is innocent is literally overwhelming crosley's ordeal began in April of 1989 Charles Flynn better known as chip
was found shot in a Florida Citrus Grove he had been with his ex-girlfriend Kim HCK that night she told investigators
that they had been robbed and hijacked by a black man in holder Park as they sat in Chip's truck a little after 11:00
p.m. told Chip there's a black guy on your side and you Ed up window quick 20 minutes later Kim says chip stepped out
of the truck and she heard him say hold on man did you see that uh the black male was armed at that time yes I did
Chip had a gun in his glove boot I took the gun out of the glove box and stuck it under some jeans that were next to
me she says the man tied Chip's hands with a shoelace ordered her to hand over money from Chip's wallet and then with
everyone in this truck she says the as salent drove them to the Orange Grove steering shifting gears and somehow
holding a gun on them all at the same time Kim H told police that when they got to the Grove the man yanked her out
of the truck and then chip his hands still tied behind his back somehow managed to get a hold of his gun that
Kim had hidden on the truck seat he leaned out of the truck and somehow shot at the guy and the guy stepped back
chipped up out of the truck I jumped in in the truck and I heard about five or six
gunshots she said she then drove to a friend's home for help Sheriff Deputy Mark rxy and
Sergeant Diane Clark were the first two officers on the scene Kim H says that this as salent took both chip and K to
the Citrus Grove at 1210 and yet you're not dispatched till 113 it's over an hour
there is approximately an hour that is missing and unexplained how crucial was that time that night matter of life and
death why is she not stopping someplace and making that phone call where could she have called right here from pay
phone I think there was three along the way convenience store convenience store and the hospital's right there the
directions Kim gave were so vague that even after Clark and rexie were dispatched it took another 30 minutes to
find chip get the call at 113 I respond to this area there's nothing there had to notify my dispatch
get better directions I drive to this new area here where they informed me to go again
there's nothing there why then were you first sent to the wrong location that's a good question because she didn't tell
us where to go she gave the wrong direction Sergeant Clark Park ended up sending another deputy to pick him up so
she could better guide them she wouldn't get the car we say can you show us where
yeah nope not going down there what did that say to you what did you think there's something wrong something is not
ringing true I would want to know is he okay they found chip laying on his stomach with his hands tied behind his
back bleeding from a single gunshot wound to his chest he was in pain but I seriously thought he'd be okay
first words out of his mouth were get me out of here I want to go home did he mention anything about an as salent nope
no did he mention anything about being robbed no no did he mention anything about being kidnapped no I'm thinking
what's going on here my feeling about it at the time and still is that he was protecting her
chip Flynn stopped breathing twice as they waited for an ambulance Sergeant Clark tried to save his life he didn't
have to die there wasn't anything he didn't like to do Chip's parents Charles and Peggy fln now both deceased rushed
to the Orange Grove when they got the word chip had been hurt but police wouldn't let them near the
scene I should have been able to go back to see the Flynn who spoke with us in 1999 were
shocked to learn that chip had been with Kim H that night chip had a new girlfriend that's all he talked about he
didn't mention Kim anymore or anything Chip's parents said Kim had become too possessive and overbearing chip liked
his freedom she wanted him to be with her all the time Kim was upset about the breakup according to Chip's friend David
stro who also spoke with us in 1999 I do remember they just that she didn't want to let go and it was David's home
where Kim H went for help I wondered why she came to my place as opposed to just
stopping at the first potential telephone you know even a a a home with a light on or anything if it you know so
it's always bothered me Kim HCK was not and has never been a suspect homicide detectives from Bard
County Sheriff's Office seemed to take her at her word despite her delay in calling for help and her inability to
describe the as salent very well I really didn't get a real good look at him I was really
scared investigators claimed that almost immediately they got a tip that a smalltime drug dealer Crosley green was
involved he had recently been released from jail the description that she had given for the sketch didn't match him
they showed Kim this photo lineup and Kim ch chose number two Crosley green his picture is smaller and darker
than any of the other pictures and it's right in you know what is often referred
to as the bullseye point of a photo array crosy green admits he was no angel but he had no history of violent crime I
think he was just an easy pick we're going to put some in jail for this green was a arrested and charg with
kidnapping robbery and murder despite no direct evidence linking him to chip shooting there were no Fingerprints of
Crosley green or any third person on the uh the truck not one single fingerprint
[Applause] [Music] [Music] there was no case against Crosley green there was no case it was a one witness
ID case in August of 1990 Crosley green went on trial for the murder of Chip Flynn the case hinged on the testimony
of Kim HCK the state star witness who identified green as the black man who attacked the couple defense attorney
Keith Harrison that's the weakest kind of case where the only evidence you have is somebody said that guy did
it the state claimed there were also shoe prints found at holder Park prosecutor Christopher White NOW retired
said a dog followed the scent of those prints to the vicinity of a house where one of Green's sisters lived white spoke
with us in 2015 the shoe Impressions were followed from the site where the truck was parked
supporting what Kim said about there being a third person there a black male who abducted them and did these things
those shoe prints however were never linked to Crosley green but the prosecution also had three Witnesses all
with criminal problems of their own who claimed Crosley confessed one was crosley's own sister
Sheila the defense argued that cley couldn't have killed Flynn because he had an
alibi Crosley says he was seen at the time of the Murder by multiple Witnesses at a party 2 miles away but his former
attorney only called one to testify and on September 5th 1990 an all-white jury convicted Crosley green of kidnapping
robbery and murder he was sentenced to die in Florida's electric chair hi Crosley I'm Aaron morard with
CBS I first met Crosley Green in 1999 what's it like being here on death row it's hell it's hell to me because
I'm here for a crime I didn't commit a team of lawyers from crowl and moin led by Keith Harrison and Jean
Thomas took crosley's case pro bono they say jurs never heard the real story when
you look at all of the facts you see that the state wanted to achieve a certain result and they manufactured
evidence they coerced witnesses to lie even before the trial Kim H's account had serious
inconsistencies she told police that the as salant had managed to steer Chip's truck shift gears all while holding a
gun on them and yet she told Chip's parents a very different story she was having to shift the gears for him he
would just smash clutch and she would shift gears he was making her do that Kim changed other parts of her story as
well according to this police report from the night of the shooting she told a deputy that the as salent told her to
tide Chip's hands but just hours later in her taped interview the black man was tying chips hands those inconsistencies
with that have concerned you we're talking about who tied him yes and who shifted the truck of course it would if
she was inconsistent any inconsistencies and yet another serious inconsistency Kim's description of the
as salent gun matched a semi-automatic she said that when she drove away leaving chip at that Grove
she heard five to six gunshots but no shell casings were recovered at the scene and the only bullet found was the
one that killed chip your own experts said that in fact the bullet found in chip Flynn could have come from his own
gun did you find another weapon well no but did you ever find another shell casing to match that weapon no and we
wouldn't if in fact he was shooting a revolver you understand that did you find any other bullet holes bullet holes
um not that I'm aware of and just about then chip his hands were behind his back he
leaned out of the truck and somehow shot at the guy but that statement was contradicted by the evidence in
investigators found no gunshot residue on Chip's hands the fact that his were tested and did not show any gunshot
residue contradicts her story and I totally don't believe someone could actually jump out of that truck and
shoot a gun behind their back with their hands tied anyway when you look at this
case it is all circumstantial I would love to have had a stronger case but it is what it
is as for those shoe prints at the park criminalist Lisa Deo who helped crosley's defense team told us that the
diagram shown at trial contradicts the actual crime scene video sh print after proceeding West will then continue on
around just to the outside of this fence if these were the tracks of the as salant they should end where the truck
was parked around here but in fact de Mayo says they continue P the truck along the fence as you just heard and
appear to leave the park how could they belong to the as salent if in fact he got in the truck back
here they couldn't no no they couldn't the trail of Prince leaving holder Park is missing from the diagram this diagram
supports Kim H's story but this diagram doesn't match the evidence at the scene correct this was necessary to make her
story fit what's more every one of the three Witnesses who testified that Crosley green confessed recanted after
trial there's a pattern that supports the fact that these folks were coerced when a sister testifies against her own
brother and says he confessed it's hard to believe that could be coerced absolutely um she
recanted almost immediately how you we Tracked Down Sheila Green in 1999 what did they say would happen if
you didn't testify against your brother I would never see my kids again she told
us she had no choice but to lie on the stand did Crosley ever tell you that he killed chip I never even talked to
Crosley he never told me that basically they told me that this was my last chance to help myself because I was
already convicted but this is your own brother Sheila he will understand you think he will yes he
will he know I [Music] did what do you make of Kim H's account Chip's parents recorded Kim's account of
the night chip was shot here what she said happened on Facebook at 48 hours [Music]
Florida had a long history of being engaged in uh slavery in the plantation economy that has passed itself on to the
criminal justice system here in this state Kenneth nun now retired law professor from the University of Florida
says the odds were stacked against Crosley Green in that Florida courtroom I would say that Crosley Green's case is
a miscarriage of Justice if you read the trial transcript the prosecutor was using
race to fill the gaps in the evidence during trial the defendant's race was referred to 140
times and I told Chip there's a black guy on your side she accuses a black person of committing this
crime who are they going to believe and what what has defined this case from the very beginning is that Kim
HCK was treated as a victim never as a possible shooter everybody on the scene is a suspect until they're not every
single person is tested for gunshot residue that's not what happened here to this day First Responders Diane Clark
and mark rxy question why Bard County detectives failed to do even a basic investigation of halik Kim H was taken
in and questioned at 4:30 but not recorded until 8:20 and what does that say to you well she had time to get a
story the way she wanted it she was not a suspect did it ever occur to you or anyone else that maybe Kim HCK wasn't
telling the truth well of course it did I mean former prosecutor Christopher white then why wasn't she ever
investigated why was she never a suspect what do you mean no GSR taken of her hands why not I don't know if there was
or wasn't at this point why weren't pictures taken up her hands her arms to see if she had any injuries I guess they
could have done more examination I'll give you that okay Crosset green lawyer Keith Harrison finds it
mindboggling chip Flynn had broken up with Kim hallik he was seeing another woman Kim H was very upset about that
that's the oldest motive in the book jealousy jealousy still white took Kim hoc at her word you've got to understand
it's kind of a small community here in Titusville Kim HCK uh lived at the in the area where I lived I don't see how
there's anything here concrete to tell anybody that Kim HCK lied but there were those obvious red flags with her
story there was no moon on the night chip flim was sh it was completely dark in that Orange Grove based on her
testimony she said she didn't get a really good look at him yet Kim H chose green out of this photo lineup a flawed
lineup Professor nun says that is no longer allowed under Florida's current laws you can't tell the witness that the
the suspect is in the batch and that happened in this case you have to make sure that the photograph matches all the
other photographs his head is smaller than the other on so he stands out would you do this
today well no no ideally I would not could she have picked the wrong person I don't think she did you know uh
was she guessing more than she was sure I couldn't tell you for sure that still leaves you with the issue whether or not
it's Crosley and you have arguments pro and con about that but the one thing I'm
sure of based on the evidence in this case it wasn't Kim H she was the only other one there who else would have done
it the only way all the facts are reconciled is if she shot him I told everybody I ran into who had
any interest in it I thought she did it I told the homicide Sergeant I told the homicide
investigator and four months after the shooting both brixie and Clark met with prosecutor Christopher white they wanted
to make sure he knew of their suspicions of Kim HCK and how did Chris quite take
that information he was dismissed dismissive I said to him she is involved and I don't believe it's a person you
arrested I never heard anything else about it afterwards I think that they got into an
argument she pulled the gun out of the glove box and either intentionally or unintentionally shot him they freak out
I I don't want to get in trouble we got to come up with a story let's make up this story why didn't you take their
words seriously I reviewed all the evidence that we had with that hypothesis in mind do they give me cause
to believe that Kim HCK may have committed this murder my answer is no Kim hallik has not responded to our
repeated requests for an interview but she did tell the Washington Post I'm tired of being beat down by the media
and she said I've been told I'm the one that did it and I did not kill anybody you're that sure that Crosley green is
innocent I would bet my life on it yes but in 201 11 years after chip fn's murder the state claimed
it had more evidence against Green two tiny body hairs allegedly found in Flynn's truck they tested them
for DNA matter of fact I wanted them to test it I knew I haven't been in that truck i' never been in that
truck there was sufficient DNA there to obtain a result using MTA DNA that DNA mitochondrial cannot be used to identify
a specific person it can only identify broad family relations and crosy green could not be excluded from that group
it's not a match the mitochondrial DNA test cannot definitively say this DNA is this individual's DNA crosley's maternal
uh relatives for example would be in this group that is not excluded in fact cross ley's brother o'
Conor believes the hairs could be his he happened to be a friend of the original
owner of the truck it's possible cuz I drove the truck kind of regular I I'm not saying I drove the truck one or two
times I don't drove the truck several times are you at all troubled by the fact that croset green could not be
eliminated that's nothing that's not evidence that is not evidence it does not tie him specifically to that
truck you have that one hair that could have come from someone else his brother uhhuh is there any other physical
evidence any other physical evidence anything that connects Crosley green to this case well I I guess the simple
answer to that is no in 2009 after 19 years facing execution Crosley green attorneys won a
major victory because of an error in sentencing green was taken off death row I felt real good at that time but I
know I have another 100 yards to go but Crosley Green's request for a new trial was denied even though some of the
evidence was now in question and all those Witnesses who testified against him said they lied on the stand have you
ever had a case where three Witnesses have recanted and lied have you ever had a case three you know I never have that
doesn't trouble you not coming from those people with those ties to the Green family and the Green family being
what it is no it doesn't trouble me a great deal but in an odd twist of fate Christopher white provided just what
crosy Green's defense team had been waiting for I was shocked I knew immediately that this was a GameChanger
[Music] I'm ready to go home hopefully I get that chance to go home I've been without my family for
quite some time now Crosley green was just 19 when his parents died and he assumed the role of Papa to his large
family which is why crosley's murder conviction was so deeply felt by his oldest child schuma his brother o' Conor
and sister Shirley and DEA I worri about him a lot and it's breaking the family it's
breaking the family down watch it yall go over that way son schuma was 16 and his brother Gaston was six when Crosley
was sentenced to death it damaged us I got rebellious I just went have getting in trouble no sense of direction cuz my
dad was gone my NE was with my sons when they grew up you know and I got grandkids now
I don't know how much time I got left on Earth myself but the little time I I will have
left if I'm out there it would be with them but Crosley green will never be able to make up lost time with two of
his sisters they died while he's been in prison Brenda and Tina that's been tough
that's been tough they have been with me all way up until the time to die you miss
him as for Sheila the sister who helped put him on death row he forgave her years ago does she feel a lot of guilt
of course she do but that's my sister and I want her to know that I love her and no matter what I'm not angry at
her okay with the witness recantations the only person who still connects Crosley
to the crime is Kim HCK as you sit here today do you believe Crosley green is the man who shot yes I do yes I do but
as it turns out Christopher White made a decision in 1989 that would ultimately turn the tide
for Crosley green Mark and Diane suspect the girl did it she changed her story a
couple of times white took these notes after his meeting with Mark rxy and Diane Clark when they told him their
suspicions about Kim HCK one thing was she tied his hands behind his back she never asked how the
victim was while at the homicide she wouldn't go down there to the scene why wouldn't the guy say who
shot him white never turned those notes over to crosley's original lawyer this is the evidence of Innocence that was
hidden by the prosecutor what was your reaction when you first read those notes I was shocked um I really couldn't
believe it they can't just hide that evidence they can't cover it up they have to disclose it to the defense
defense attorney Jean Thomas says those notes which included inconsistencies in Kim H's story would have been crucial at
trial it goes to the heart of the defense theory of the case that there was no black man at the scene of this
crime that it was these two teenagers that there was an accident and then there was a story that was made up
after the fact those notes would have had a tremendous impact on the case and for that reason in July
2018 a federal judge ruled that by withholding those notes prosecuters violated Crosley Green's right to a fair
trial his conviction was overturned it was a miracle that finally there was a court that said yes his
constitutional rights were violated when his conviction was overturned what did you think would happen man I I thought
my brother would be home but Crosley didn't come home because the state appealed arguing that the notes that
prosecutor white withheld wouldn't have changed the outcome of the original trial Crosley was held in prison waiting
for the court of appeals to decide honestly I did not think it would take this long but then the Corona virus
invaded the prison where Crosley green was held his situation became even more precarious after he was diagnosed with
latent tuberculosis in March of 2021 crosley's attorneys filed a motion for his immediate
[Music] release this is the day that we long for God and we thank you Father for opening
the doors that men have shut for us father we thank you for those that you gave us favors with Father God for
you bringing our brother home crossby green I can't tell you where I was thinking or what I saw how I felt oh
that's right hold your head up Pap your head up [Music] than I was just looking around wondering
is is this for real she a know and at one point now I really wonder is real thank you Jesus thank you
thank you [Music] brother now that crosy green is home his very large and loving family has
descended upon him everybody wants a piece of the man they know as Papa green I thought maybe it would be the
kids that really want to be with me or want to talk with me the grownups be making them kids get out the way they
push the kids to the side they want to be first son Crosley has a lot of catching
up to do so many relatives weren't even born when he went to prison if it was for my family I I
wouldn't be here my sister celes she always told me don't give up your day going to come I always say all right
girl when I get out we going to do things you know but that day never came she died crosley's sister Celestine is
buried in a cemetery just down the road from where he stay but he can't visit her grave or go most anywhere else
without special permission from his probation officer I was told I couldn't go to the mailbox he's free but right
now without that special permission he can't Venture Beyond his brother-in-law's property line show me
take me a little bit where you can go how far here but right right here Crosley calls it his 12
yards of freedom and showed me his new Jailer here it is right here this ankle break bracelet right here it's
challenging for him crley has many many grandchildren most of whom he's he's never met he wants to take them to a
park and go fishing and teach them how to fish and you know sit under a tree uh and tell stories and he he can't uh he
can't do that at least not until the US court of appeals hands down its decision there is
a chance the court will side with the state reinstate crosley's conviction and send him back to
prison does that ankle bracelet also remind you that your time home might be temporary it does I I got to be honest
with you it does but uh I really don't believe I'm going back I really B that deep down in my soul I'm not going back
to prison but less than a year later in March of 2022 the US court of appeals came back
with a decision that caught everyone off guard it was unexpected and it was it was pretty shocking the Court ruled that
those notes Christopher white failed to turn over to crosley's defense would not
have changed the outcome of his trial his conviction was reinstated crosley's Last Hope to ask
the US Supreme Court to take his case but in February of 2023 come on in and have a seat the attorneys gathered the
Green family together to break the bad news the Supreme Court is not going to hear our case
Crosley has run out of legal options which means he has to go back to prison his sister surely took the news
hard is y'all going to send him back to prison for a crime he didn't commit y'all going to take him away from his
family again you took him 33 years there was a fair amount of anger why do my brother have to continue going through
this it was very emotional it was raw it's not right there was a lot of Deep deep
sadness um you could almost feel like the family was kind of coming apart right right there in front of you they
failed us the system failed us but we just got dropped in the last round for crosley's son schuma the thought of
losing his father again was inconceivable you ain't the only one doing time we doing time right with you
it's a family thing and now it's getting torn apart again they just miss him terribly he just is such an important
patriarch among that family a role model um but he he keeps that family together
I can feel what they feel and in that difficult moment Crosley assumed the role of patriarch again you have show me
a lot since I've been home but we going to get this together we going to be all right if we stay
together I can't be hurt cuz I uh I still got faith I got the LA on myself side I'm happy I am happy love you
baby on his last weekend as a free man Crosley seemed almost hopeful I'm a religious person and I have a lot of
faith and trust and most importantly I still believe in a sister I don't have no no
hatred I have no sadness I can't dwell on that couldn't sleep I will start getting
angry and that's not me Crosley has made the most of the time he spent at home this year has been a
remarkable year I got a job I never missed a day on he made Hightech metal parts and left a big impression Crosley
says his co-workers called him PPE and what does p PE stand for Pure positive and energy that's what it stand
for Crosley also fell in love and got engaged his fiance Catherine spikes when we did meet it was
butterflies but at the same time it was excitement how soon did you know that this was the guy you want to be with
after our first phone call what man these days sit on the phone for 6 hours I think just the compassion that he
showed me um that it was just a simple the sound and tone of his voice that made everything like oh my God you can
make everything all right for me does it make it tough to go back yes and no no because I've always tried to
prepare her for the worst like myself let's just say if I do not get that Miracle
tomorrow but it's coming you know I'm not going to have to tell her goodbye or anything I'm always love
her on his last Sunday just like every other Sunday since he's been out with me Crosley went to church brother Crosby
up this time he said goodbye do not worry and this is what I be trying to tell my
sisters my family do not worry I see tears fall from there they bother me I'm okay I can do this let me do this let me
show y'all be strong with me I'm in God's hand amen amen I am in God's [Music] hand on Monday April 17
2023 2 years after crosley's conditional release love you baby love you too he said a goodbye to his family I love you
love you too love you love you too he left each one of them with a few words of wisdom I love
you I want you to continue doing what you're doing we have just take one day out of time everything going to be okay
on what could be his last day outside Prison Walls hey I love y'all man listen listen y'all be strong man then he
joined his fiance C and attorneys everything be okay for the drive to the correction
center she's been right there by my side more family members arrived okay say see you
later last two years been some of the greatest time I ever had all these memories I got those are my memories
I think I'm going to be free soon it ain't about the case it's about me it's about a human being that wants his
freedom want to be able to be around his grandkids his little nieces nephews his brothers his sisters family
and friends you know this is what this is about they need me I need them too but they need me
[Music] more what do you think should happen in the Crossley green case [Music] [Music]

Did a young white woman cause a wrongful conviction by blaming a murder on a “black guy”? "48 Hours" correspondent Erin Moriarty has new details in the case she been covering for 20 years. Watch more full episodes of "48 Hours" on Pluto TV.

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Brief Summary

Crosley Green's wrongful conviction for Chip Flynn's murder highlights racial bias and prosecutorial misconduct in the justice system.

Key points

The Shocking Murder Case. Chip Flynn was shot after a night out with his ex-girlfriend, leading to a controversial investigation.
Crosley Green's Wrongful Conviction. After years of legal battles, a federal judge ruled Crosley Green was wrongfully convicted.
Inconsistencies in Kim HCK's Testimony. Kim HCK's account of the night Chip was shot raises serious questions about her credibility.
The Role of Race in the Trial. Crosley Green's case highlights racial biases in the criminal justice system.
DNA Evidence and Its Limitations. New DNA evidence emerged years later, but it couldn't definitively link Crosley Green to the crime.
Crosley Green's Legal Battle. After 19 years on death row, Crosley Green's conviction was overturned due to prosecutorial misconduct.

Episode highlights

Episode quotes

It was a total shock.

Reaction to Crosley Green being charged.

1:44WatchApr 10, 2025

Tension

75/ 100High tension

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