A man who sued the Massachusetts Parole Board over delays in hearings was granted parole this week after serving over 25 years of his original life sentence for “orchestrating” a fatal shooting nearly 30 years ago.
Robert Francis was 19 years old in February 1995 when he organized the shooting of a rival gang in Springfield that resulted in the death of Carlos Falcon and injuries to three others, according to the parole board’s findings. Francis was the “chief enforcer” in his gang, and at his instruction, two other members carried out the shooting on State Street while he stayed in an apartment.
A Hampden County Superior Court jury found Francis guilty of accessory before the fact to first-degree murder, three counts of accessory before the fact to armed assault with intent to murder and three counts of accessory before the fact to assault and battery by means of a dangerous weapon. He was sentenced to life in prison without parole.
But in January 2024, a decision by Massachusetts’ highest court opened up the possibility of Francis and approximately 130 other prisoners being granted release. The 4-3 Supreme Judicial Court decision dictated that it is unconstitutional to sentence defendants to life in prison without parole if they were between the ages of 18 and 20 when they committed a crime.
But for months after the ruling, release remained a far off prospect for Francis and the other prisoners while the wheels of the parole application process churned slowly. In June 2024, the parole board sent them a letter informing them that they’d begin scheduling their parole hearings in September.
“We hope you will be understanding and patient as this is an unprecedented amount of additional cases to add to the Parole Board’s calendar,” the letter stated.
Soon, Francis and six other prisoners who were tired of waiting sued the board over the delays. More than a year after the Supreme Judicial Court’s decision, “not one Plaintiff has had a parole hearing or even had their hearing scheduled,” the lawsuit stated.
Finally, in April 2025, Francis appeared before the parole board to make his case.
On Monday, the board approved the now-48-year-old man’s release into a long-term residential program following 90 days in a lower security prison. Such programs are meant to help parolees who have served long sentences integrate back into society.
In its decision, the board wrote that it considered a doctor’s report, Francis’ risk assessment, his work as a unit runner in prison and his completion of self-improvement programs for prisoners. It also noted that he has not been disciplined for any infractions during the last five years of his incarceration and has expressed remorse for his actions.
The board included special conditions for Francis’ release, including that he remain in his home between 10 p.m. and 6 a.m., wear an electric monitor for six months, undergo drug and alcohol testing, have no contact with Falcon’s family and receive mental health counseling.
“The Board finds Mr. Francis’ release is compatible with the welfare of society,” it wrote.
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