The Other Men | "Murder in the Orange Grove" | "48 Hours" Podcast (Episode 6) | Forensic Files

when crosy green was released from Death Row in 2009 it was a major victory but it didn't erase almost two decades of
trauma death row had taken a toll on crosley's Mental Health when I say I was a mess I was a mess I got bad nerves
behind it I got the shakes behind it because that wasn't no joke that wasn't no joke it affected his
relationships with the family members he had left behind I missed him so much not
being there to see him grow up you know and having them to see me in that position at times was painful to me it
was painful still behind bars with a life sentence he spent a lot of time thinking about his situation
and said his case was not unique what I mean that there have been cases where innocent people have been accused of
crimes that they didn't [Music] commit all of the evidence points to the fact that there was no third person at
the scene of the crime that's what of crosley's lawyers Jean Thomas to the contrary it suggests that these two
teenagers were alone they were exboyfriend and girlfriend there was an accident it would be fair to conclude
and she made up a story after the fact remember that Kim and Chip were exes and Chip had a new girlfriend Kim testified
that she and Chip discussed Chip's relationship with that new girlfriend the night of the murder and that the
relationship made her upset here's crosley's other lawyer Keith Harrison this is not just a simple case
of mistaken identity that the wrong person got picked out of a lineup this is a case um it's it's uh unfortunately
a classic case of what is often referred to as a racial hoax which is a black guy
did it I'm 48 Hours correspondent Erin morard this is murder in the Orange Grove the troubled case against Crosley
Green episode 6 the other [Music] men Crosley you were in court when Kim looked at you in that courtroom pointed
her finger at you and said this is the man who robbed and kidnapped me what was your reaction she points to you what's
what was my reaction was that uh why who told her to say something like that is and it a ain't true why
would she get up there and say it the way she said and is not true our society is really
guilty of this perception that just because a a white female says a black man has committed a crime we take that
as gospel this is Bill Gary the president of the north Bard County Branch of the
NAACP we introduced him to you in episode 4 I asked him about the possibility that Crossley could be a
victim of a racial hoax I think you can go back and and look at any number of U situations where that was the
circumstances and what happened to those persons there I mean I could go down the
line of different cases a racial hoax is when a person is accused of a crime often falsely because
of the person's race one of the best known examples the case of 14-year-old EMT till who in 1955 was lynched after
being accused of wolf whistling at a white woman her claims in 1955 led to Till's kidnapping his murder and really
became a pivotal moment in the modern civil rights movement and Susan Smith up in uh South Carolina who claimed that a
black man had uh hijacked her car in a tragic ending to a 9-day ordeal authorities pull Susan Smith's car and
the bodies of her two small children out of a nearby lake bed and now officials have confirmed that Susan has
perpetrated a cruel and tragic hoax the situation in New York when the man was in the park bird watching there
is an African-American man on in Central Park he is recording me threatening myself and my
dog and my I'm sorry I can't hear you either I'm being threatened by a man in the ramble
please send the cops immediately if you are poor and black or brown you are much
more likely to be caught up in that justice system and not receive justice so could have Crosley ended up
behind bars as a result of a racial hoax it it certainly appears that that Mr Green has
been uh one falsely accused and two is that the criminal justice system has not been fair to him it certainly seems that
there is uh an amount of meanness that uh has permitted that case from beginning to present day Bill's not
just talking about racial hoaxes now but specific issues with the state attorney's office in Bard County
remember bill has lived in Bard County for 50 years he's actively involved in community nonprofits and is not just
familiar with crosley's case but many of the cases that have passed through the state attorney's office go back in the
history of prosecutions and cases here in vo County and I think it becomes apparent that there's been questionable
methods used to uh exact convictions in many cases questionable methods also played a big role in the wrongful
convictions of three other Bard County men Juan Ramos Bill Dylan and Wilton dege in 1983 Juan Ramos was convicted of
a rape and murder in Bard County Ramos was prosecuted by Christopher white the same assistant State Attorney who
prosecuted Crosley green Ramos was also sentenced to death for the crimes based in part on testimony from a jailhouse
informant who offered his testimony in exchange for a lighter sentence on a series of crimes he had been accused of
there was also evidence from a dog handler who was later discredited as a fraud although this was not the same dog
handler used in crosley's case Ramos's conviction was reversed in 1986 and he was acquitted in a retrial
less than a year later bill Dylan had a similar story it was a nightmare it was horrifying and I don't use that word
lightly it was horrifying in 1981 8 years before Crosley was arrested Dylan was a 20-year-old athlete whose biggest
concern was trying to land a spot on the Detroit Tigers a professional baseball team but before he was able to go on his
second Tri out he was accused of murdering a man in a wooded area near Kenova beach in Bard County the killer
in that case was described by witnesses as around 510 with a mustache and how tall are you I'm 6'4 and I never ever
had a mustache when I met Bill Dylan I couldn't help but feel there was a deep sadness in him almost like he couldn't
believe or accept what had happened to him once a rising star in baseball maybe even a contender for the major leagues
his murder conviction irreparably damaged him and completely changed the trajectory of his
life I also couldn't help but noticed that a pattern seemed to be emerging here the same disc credited dog handler
who testified in Ramos's trial also testified at Dylan's claiming that his dog was able to track Dylan scent across
the highway to the crime scene even after a hurricane had come through the area and like in crosley's case
prosecutors found Witnesses who said they saw Dylan wearing clothes that match those worn by the killer a bloody
yellow t-shirt and again and like in crosley's case someone close to Dylan testified against him at trial for Dylan
it was an ex-girlfriend Donna Parish eventually came to my trial and said that she saw me standing over the body
putting on a pair of pants I guess because some reason the killer had supposed to be had long pants
or something or whatever I'm not sure how devastating was that testimony uh it was it was really to me in my mind it
was very very devastating when she dropped that bomb shell on me in that courtroom I was highly upset I'll tell
you that right now first of all she was lying and second of all my lawyer didn't
seem to see what was coming there and which really irritated me to a point and I what I really couldn't understand Aram
was how were they able to just lie like that and just get away with it Donna Parish recanted her testimony less than
a month after the trial she said that she had been pressured to lie in her own mind because she had been
threatened with 25 years for murder accessor to murder but Dylan still served more than 27 years in
prison before test showed that DNA found on that Bloody yellow shirt belonged to
someone else he was released on November 18th 2008 I used to think while I was in
prison sitting there what did I do or what what went wrong or who tried to cross me up in this and then I realized
it was like a program to me it was like that some certain person had sort of turned a switch and just said okay
convict him it doesn't matter we just need to get some people or him off the street no matter whether I was innocent
or guilty and then there's the case of Wilton dege in 1982 20-year-old DED was convicted of committing a brutal rape in
bravard County despite the fact that the victim described her attacker as 6 feet
tall dege was only 5'5 that same discredited dog handler claimed that his dog detected de's scent
in the victim's home and Christopher white prosecuted that case they got me and they started building a case around
me they pull off the dog off the shelf well we really don't have any evidence let's bring in this guy he'll he'll make
the evidence for us you know and it seems they've it they've become a habit of doing it and it it really needs to
stop and again it was DNA evidence that finally proved de's innocence over two decades later he was released from
prison in August of 2004 um it was a lot of anger I mean and then the stuff I had to deal with in
there the people the atmosphere the guards the confinement uh uh I lost a lot of course hindsight is 2020 but it
seemed peculiar to me that so many cases in a relatively small County would later
be overturned for problematic evidence I feel that it's a terrible thing that an
innocent person would be put behind bars in 2015 I asked former prosecutor Christopher white how he felt about
helping to put Wilton Edge behind bars for years only to find out later that he was the wrong man and I don't like being
a part of that if that occurred but we presented the evidence it laid out like it did and it went the way it did and
all I could do is uh tell him that I was sorry that it worked out the way it does
I pressed white further but what about the fact that Wilton's Edge didn't even fit the original description of the are
we going to talk about will de because if we are going to leave I mean this is about I thought it was cros leering it
is but but you do know that the Innocence Project of of Florida has accused bravard County and your office
the office you worked in of creating a culture of corruption including they have probably accused most every office
in the United States of something similar Wilton dge Bill Dylan and Juan Ramos were all wrongfully convicted and
exonerated years later but all three men also have another thing in common they were not black this is Bill Gary
again they were wrongly accused and prosecuted and thankfully they were able to get the kind of legal representation
that they needed to prove their innocence but many black men have not been able to do that and and and that
continues [Music] today in June of 2009 crosley's new lawyers from the DC firm croll and Morin
retained a private investigator to go down to bravard county and do some digging on crosley's case the
investigator tracked down two new Witness Witnesses who claimed to have seen Crosley the night of the murder and
backed up his Alibi that he was at the house of his ex-girlfriend Lori Reigns his lawyers argued that Crosley was
entitled to a new trial based on newly discovered evidence including those two new Alibi Witnesses okay is everybody
ready to go yes your we're ready to proceed yes ma'am on May 27th 2011 Crosley and his lawyer arrived at a
bravard County Courthouse for an evidentiary hearing now 53 years old Crosley appeared thin and frail in this
hearing the judge would not be looking at the case in its entirety just the New Evidence raised by crosley's
lawyers up first to testify 36-year-old Brandon wri good morning Mr Wright if you come right over here to be
warn that's good Brandon was currently serving over 21 years on a drug conviction and wore shackles around his
wrists and ankles as he gave his testimony on the stand but back in 1989 Brandon Wright was just a
14-year-old boy living in Mims Keith Harrison questioned him about seeing Crosley at Lori Rain's house the night
of the murder beginning approximately what time did you see Mr Green at Lor Reigns's
house on on the evening of April 3rd 1989 uh I think it was uh about 11 11:15 Brandon corroborated what Lori
Reigns had always said that Crosley could not have committed the murder of Chip Flynn because he was at her house
at the time it took place what were you doing at Lor rang's house at around 11 11:15 on the evening of April 3rd well I
was at Lor's house because that's where we sell drugs from um now were you selling drugs that
evening yes sir I was he testified that he saw Crosley leave Lor's house a few times that night
but only to walk back and forth to his cousin caren's house which was close by this was new and important information
no witness at crosley's original trial had shared that he was walking back and forth between the two houses so yeah I
seen him constantly throughout the night you know being there cuz it's a straight
shot you can see Colleen back door from Lor's front door so you know can you describe for the court approximately how
far the distance is from Lori rang's house to um Carling Brothers house just approximately I'll say about 50 60 yards
so they're in very close proximity yes Harrison wanted to emphasize that even with Crosley walking back and forth
between the two houses Brandon had eyes on Crosley for most of the night he was never out of my sight for that long to
go to nooda park let alone kidnap somebody and kill him Brandon testified that the last time he saw Crosley was at
300 a.m. and that just a few hours later he had seen police in the neighborhood with a sketch that they were saying
match Papa green and we asking where to find him like ain't nobody back then would really just even talk to the
police cuz that's just how it was you know what I mean the police wasn't there to help they was there to you know to
hurt in his cross-examination Christopher white asked Brandon about his history with selling drugs how was
it that you at the age of 14 could run a drug business what how did that work uh
I mean to be in the streets and the sell drugs it's not hard like it sells itself and
he pushed Brandon on why he didn't come forward back in 1989 with his information well that day
when the police came the day after the murder the police came of course you were scared of the police so you didn't
help them find Crosley you didn't tell them anything about knowing anything about Crosley right no they never asked
right and you and you saw them there and you knew what they were doing but you weren't about to go volunteer any
information uh they never asked me Brandon said the police never asked him about Crosley
green so he never told them what he had witnessed the second new Alibi witness to testify was 39-year-old Reginal
Peters like Brandon Reginal had been convicted of multiple felonies in his lifetime he was currently in the custody
of The Bard County Jail Lori Reigns was his aunt and he had been living with her in the spring of
1989 Keith Harrison's colleague Robert Road questioned Reginal about the night of chipain's
murder when did you first see Mr Green uh that evening approximately what time did you
say probably 11: 11: at night 11: 10 11 10 or 11:00 p.m. Reginal test ified that
he was also walking between Lori Reigns and carlen brothers houses the night of Chip flin's murder and that he saw
Crosley at both locations between 10 or 11: at night and 4:30 a.m. the next morning was Mr Green there um that
entire time period when I say there I'm referring to either Miss Reigns's home miss brother home are in the field in
between yes sir like Brandon Reginald didn't share what he had witness with police back in
1989 because he said he was never questioned the state also called a witness James scrag a former police
chief who was currently employed with the state attorney's office James testified that he and Christopher White
had met up just a few weeks earlier to establish timings between key locations from the night of the murder we we spent
the morning in the MS Titusville area we drove aox only eight routes and I kept times for those routes James said that
he and Christopher white drove several routes including the distance from the ball field at holder Park to crosley's
Sister Tina's house how long did it take for us to drive that approximately 1 minute they also drove from Tina's house
to the intersection near the Orange Grove where chip fim was shot white ass scrag about how long the drive took the
elapse time was 5 minutes and 27 seconds white was highlighting that these key locations holder Park Tina's house the
Orange Grove and Lor Reigns home were only a few minutes Drive apart but in his cross-examination Keith Harrison pointed
out a key detail you don't know whether Mr Green even owns a vehicle do you no sir now um in your work um with Mr White
did you ever walk any of these distances no sir why wouldn't they walk any of the
routes even if the as salent had arrived at holder Park in a car Kim said that they the as salent Kim and Chip had all
driven to the Orange Grove together in Chip's pickup truck which Kim then drove off to escape at the very least the as
salant would have had no choice but to walk out of the Orange Grove and but you don't know how long it would have taken
him to walk any of the distances in any of the exhibits that um that you've prepared for us today no sir I would
have no idea about a month after the final session after reviewing all the evidence
as well as an affidavit submitted by crosley's lawyers from a third new alii witness Randy Brown who also said he saw
Crosley the night of the murder the judge made his ruling Crosley green would not be granted a new
trial here's some of what Christopher white later told me about why the judge reached that decision what he said was
that the testimonies of Wright Peters and brown do not establish the defendant was somewhere else when Flynn was
murdered the defendant could have committed the offenses in the above styled case and still been seen by
Wright Peters and brown at Lori Brown's house he meant Lori Reigns given the proximity of the crime scene to the Mims
housing project the testimonies of Wright Peters and brown arguably even further support the state's case because
they place the defendant near the crime scene around the time the crimes were committed just a few weeks after that
ruling Christopher white retired he was quoted in a press release from the state
attorney's office as saying I enjoy a challenge and this work has certainly been that but more than that I've had
the privilege of Seeking Justice for people who were wronged Keith Harrison had always
planned to take his case to the federal level if unsuccessful in state courts in
Florida so in November 2011 Harrison went to federal court and filed what is called a petition for habius Corpus
seeking to get crosley's conviction overturned if you haven't realized it by now
appealing a conviction is a tedious frustrating timeconsuming process the federal court dismissed
crosley's Federal petition as premature because at the time he was still in the midst of State Court proceedings so
crosley's attorneys had to wait another 3 years until the state filings and motions were complete before refiling
the habius petition in 2014 here's attorney Jean Thomas about why she felt so strongly about crosley's
case the first sentence of our petition is this is a case about innocence and what we really want the court to do is
to you know have the judge roll up his sleeves and read into this case and take a hard look at the evidence and and you
know make a decision that there that there were dramatic constitutional violations here and uh order new trial
for Crosley as a former prosecutor it's incredibly difficult to write a brief um that suggests
prosecutorial misconduct it's the last thing that really I or any of us wanted to
do the problem with this case is that whether you view it in isolation just the facts of this case or put in the
broader context of the r most Dent Dylan cases it's hard to ignore the pattern the prosecution and the police seem to
do the wrong thing again and again and again at the heart of the habius petition those notes taken by
Christopher white at his meeting with officers Mark rxy and Diane Clark notes that he never turned over to crosley's
original defense those notes came up in our last episode in an appeal at the state level that appeal was denied but
now there was hope that the federal appeal would have a different outcome what was your reaction when you first
read those notes I I was shocked my jaw dropped um I really couldn't believe it I knew
immediately that this was a GameChanger I mean there are a lot of things wrong with this case
but this the the notes really stood out to us right from the start as um something that it would be hard for a
court to ignore the state has an obligation a constitutional obligation to turn over any materials that might be
considered exculpatory that might help Crosley in his defense those notes certainly are considered exculpatory
material and the prosecutor failed to turn them over again crosley's attorneys are referring to that requirement
established by the US Supreme Court that prosecutors hand over quote exculpatory
material to the defense evidence that showed Crosley was not guilty of the crime it's probably the most important
document in the entire case um because it's a document that points the finger at someone other than Crowley as being
the person who committed this heinous crime instead it was buried it was withheld and it was only uh came to
light 20 years later crosley's attorneys argue that by withholding crucial evidence those notes Christopher White
had committed a Brady violation but while their habous petition might sound promising crosley's lawyers were quick
to tell me that it was no golden ticket out of prison it's a huge uphill climb and we've told Cy this and he he
recognizes it um but the overwhelming majority of habus petitions are denied many of them are denied you know
just out of hand but the odds are stacked against anyone who is trying to overturn their conviction so why is that
because appeals court judges don't go back and look at the entire case they only look at whether the trial judge or
the prosecutors did something that denied Crosley a fair trial it's it's a very high bar to meet and there are many
hurdles to clear along the way there's this old say it's easy to get in and it's hard to get
out you understand and that's what I'm going through it was easy to get in but look how hard it is for me to get
[Music] out I met with Crosley for a second time back in 2015 this time at Hardy correction
institution he had been a model inmate at Hardy since being transferred there over 5 years earlier and had picked up a
job in maintenance we had written to each other over the years but it had now been over 15 years since our last face
to-face meeting on death row it was also now 25 years since his murder conviction
Crosley was 57 years old with graay hair and a closely cropped beard did you think we'd forget you no I knew
you didn't forget me all right come on have a seat over here we were preparing a second broadcast on Crosley story as a
reporter I try not to get too close to anyone I want to be able to view the information with a clear and impartial
lens but I admit that this was the interview I was most looking forward to I was finally back in Florida to see
Crosley I showed him some old pictures of his family they don't look that way now they full of great I bet I bet well
we've all gotten older Crosley I hate to say there was a notable difference in Crosley this time around a
lightness well it's interesting you know when I saw you 15 years ago you said to
me you were really angry yes how do you feel now how it feel now I'm joyful I'm hopeful I'm happy
I'm not sad or nothing like that how do you explain that my family my sisters my brother a few people's WR me
Christian peop or what not could you hear what he said clearly crosley's lawyers and family were no longer the
only ones in contact with him Crosley was hearing from a lot of people including other Christians
he attributed the change I saw in him to his faith that's what carried me through
a lot of this by by me accepting God at an early time real hard and I just changed at that time you know and that
change been ever since then until now on May 30th 2015 the second 48 Hours broadcast on
the Crosley green case aired telling a new generation of viewers about his story I'm Aon morard tonight on 48
hours last chance for Freedom the broadcast also featured crosley's latest hope for his case that
habus petition filed in federal court the federal court could uphold Crosley Green's conviction overturn it or or
declined to review it it's his last chance for freedom and all Crosley green can do now is
wait that broadcast made more people aware and invested in crosley's case I began receiving mail and more
importantly so did Crosley and finally on January 22nd 2016 more than a year and a half after
the habius Corpus petition was filed US District Judge Roy Dalton Jr made his ruling he denied the
appeal on a technicality he said the petition was filed too late that it should have been submitted
back in 2011 which if you remember was when Keith Harrison originally filed the petition but was told then it was was
premature too early and then too late crosley's case was stuck in an aggravating legal Quagmire of red tape
and technicalities crosley's lawyers fought the judge's decision for almost a year
finally arguing in front of a federal court of appeals that the petition was properly filed after so many
disappointments I feared this hearing would not go any differently for Crosley so you can imagine my shock when I read
that the appeals court this time reversed the lower Court's ruling opening the door for crosley's appeal to
finally move forward in 2018 Crosley was finally able to file a case in federal court a victory in
itself although the odds that a judge would overturn crosley's conviction were still slim well it's extremely
rare there are thousands of petitions filed by people seeking to overturn their convictions every year and it's
only a very small percentage um that ever get granted but Against All Odds crosley's
petition was one of them denial after denial one loss after another Crosley Green's murder conviction was finally
overturned we had a federal judge ruled that crley green had been wrongfully and
unconstitutionally convicted over 30 years ago it was a miracle that finally there was a court that actually looked
not at the procedural hurdles but actually looked at the merits of crosley's case and what went wrong in
the trial court and said yes his constitutional rights were violated you're right this evidence was critical
to the defense it should not have been withheld from the defense team it should not have been withheld from the jury and
that um in light of all of that uh he's entitled to a new trial crosley's lawyers called him in
prison to tell him the news I was choked up it was through a phone call and I was
choked up I couldn't believe it really and I I was at lost of words finally won uh a point of of
getting a trial that's what you've always really wanted isn't it that's all I really
wanted a new trial yes Ma'am why I just want to I want you just want the truth to come
out okay I just want the truth to come out I had seen many versions of Crosley over the years on death row he had been
an angry man during his decades in prison he had aged and become a man of faith and now at 60 years old I am the
real CR de green the one that very humble and love peoples love being around peoples you
know a person that can get along with anyone the state had 90 days days to either appeal this decision or retry
Crosley if it didn't either Crosley could finally be released from prison Justice and freedom it seemed were right
around the corner every day since I've had that that ruling from the judge I've been thinking about going
home being my family I'm just hoping and praying that day comes soon [Music] in the next episode of Murder in the
Orange Grove the troubled case against Crosley green I called his brother OK Conor who couldn't even speak he was
crying and we let the family know they hit the road they had to drive all the way across the state about 5 hours and
then Jean and I decided Well you know there's one chance one flight that might get us there in time so we rush to make
that flight and it was really surreal murder in the Orange Grove was reported by me Aon morard alongside
producers Alan Pang Annie Cronenberg and Allison Bailey Kiara orbits is our coordinating producer and Florence
burrow Adams is our story editor additional production support from Dylan Gordon Marlon polycarp Caroline k Casey
and Christine Driscoll Judy Tigard is the executive producer of 48 Hours Gail Zimmerman AA basak Mark gobom Charlotte
Fuller Judy Ryback and stepen McCain produced the original 48 Hours episodes associate producers were Michael Loftus
and Shaheen Toki Patty aronowski was the senior producer special thanks to Megan Marcus
Jamie Benson Nick poser and Gail spru [Music]

After Crosley Green's lawyers helped him get off death row, they went on to suggest he may have been the victim of a racially motivated hoax. New witnesses came forward to corroborate his whereabouts the night of Chip Flynn's murder, but would their accounts make a difference? Meanwhile, Erin uncovered a disturbing pattern of wrongful convictions in Brevard County while reporting on Crosley's case.

Get early, ad-free access to episodes of "Murder in the Orange Grove: The Troubled Case Against Crosley Green" by subscribing to 48 Hours+ on Apple Podcasts or Wondery+ on the Wondery app. The series is widely available everywhere else you get your podcasts: https://podcasts.apple.com/us/podcast/murder-in-the-orange-grove-the-troubled-case/id1766382718

Crime. Social justice. Impact. "48 Hours" investigates the most intriguing crime and justice cases that touch on all areas of the human experience including greed and passion. "48 Hours," which premiered in 1988, has developed a rich history of original reporting and impact journalism that has helped exonerate wrongly convicted people, caused cold cases to be reopened and solved, and along the way changed lives.

For video licensing inquiries, contact: licensing@veritone.com

Brief Summary

Crosley Green's wrongful conviction is examined, revealing racial bias and legal failures in his case, leading to his eventual exoneration.

Key points

Crosley Green's Release. Crosley Green is released from Death Row after nearly two decades of trauma.
The Impact of Wrongful Convictions. The episode explores the systemic issues leading to wrongful convictions, particularly against Black men.
Dylan's Devastating Testimony. Bill Dylan recalls the moment his ex-girlfriend testified against him, leading to his conviction.
New Evidence Emerges. Crosley's new lawyers uncover witnesses that support his alibi, leading to a court hearing.
Federal Court Petition. Crosley's lawyer files a petition for habeas corpus to overturn his conviction in federal court.
A Game Changer. The discovery of crucial notes could change everything for Crosley's case.

Episode highlights

Episode quotes

This is not just a simple case of mistaken identity.

Crosley's lawyer emphasizes the complexity of his case

2:02WatchOct 23, 2024

Tension

75/ 100High tension

More from 48 Hours

Solve the Crime

Read a real case one clue at a time, then see how your call held up against the investigators.