For more than 25 years, a Massachusetts man has remained in prison for the murder of a cab driver. But since then, he has not been part of a fight or displayed any acts of aggression.
Allen Alston is preparing to plead his case to the parole board this week — a long-awaited and fought-for opportunity for freedom.
Alston was part of a group of seven men who sued the Massachusetts Parole Board, Gov. Maura Healey and others over a delay in conducting parole hearings for people who were unconstitutionally sentenced to life in prison without the possibly of parole.
In a 4-3 Supreme Judicial Court decision issued Jan. 11, 2024, emerging adults between the ages of 18-20 cannot be sentenced to life in prison without the possibility of parole. The high court ruled life sentences for defendants within that age group are unconstitutional and amount to “cruel and unusual punishment.”
Due to the decision, Alston, who was 19 at the time of the murder, was allowed to go in front of the parole board for the first time.
But he was forced to continue waiting as the parole board worked to schedule hearings for about 127 other people who became parole-eligible as a matter of the law.
Six months after the decision, the parole board sent a letter stating it had planned “to start scheduling hearings in September as time permits.”
“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.
More than a year later, “not one Plaintiff has had a parole hearing or even had their hearing scheduled,” the lawsuit stated.
Robert Francis, 78, one of the men involved in the lawsuit, was told in November 2024 that with the new law he was eligible for parole back in 2010 and that his hearing would be scheduled.
It was scheduled for Dec. 18, 2024. On April 8, he was granted parole.
“Francis has had an extraordinarily positive adjustment throughout his incarceration, with no disciplinary reports, and has held positions of great trust. He has invested in self-development and maintains a significant support system,” the parole board’s decision read.
But others involved in the lawsuit had to continue waiting for their hearings.
Alston’s hearing is set for Wednesday morning.
Tanzerlus Anderson and Samuel Smith’s first hearing aren’t scheduled until August — nearly two years after the decision.
It is unclear when Jabrai Copney, Lewis Franklin or Christopher Middlemiss will have their hearings.
The lawsuit was dismissed at the end of May. But that decision has since been appealed.
Then Executive Office of Public Safety and Security and Attorney General’s office did not comment on the lawsuit.
On Wednesday, Alston will head from MCI Shirley to face the parole board in Natick. During the hearing, he will tell the board why he is ready for parole, answer its questions and hear from those for and against his release.
Then he will head back to MCI Shirley, where he will likely have to wait months for a decision.
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