With District Attorney’s opposition, convicted murderer granted parole despite 19 disciplinary reports

The Massachusetts Parole Board has granted parole to a man convicted of first-degree murder in connection with a 2004 fatal shooting in Brockton, Plymouth County District Attorney Timothy Cruz announced.

In a decision dated March 24, 2026, the board ruled that 39-year-old Lewis Franklin will be released to a state Department of Mental Health Group Living Environment 45 days after the decision date. District Attorney Cruz had submitted a letter strongly opposing Franklin’s release during his December 18, 2025, parole hearing.

On August 23, 2004, an 18-year-old Franklin shot and killed 30-year-old John Falcone of Hanson after an argument over a narcotics transaction. Franklin fired four shots at the fleeing Falcone, striking him once in the back and killing him.

Franklin was convicted of first-degree murder following a jury trial in October 2009 and originally sentenced to life in prison without the possibility of parole. However, following the Massachusetts Supreme Judicial Court’s 2024 ruling in Commonwealth v. Mattis—which declared life without parole sentences unconstitutional for “emerging adults” aged 18 to 20—Franklin became eligible for parole.

In his letter opposing release, DA Cruz highlighted that Franklin received 19 disciplinary reports during his time in prison. He also noted that Franklin only began participating in institutional programming after the Mattis decision, suggesting his motivation was extrinsic rather than a genuine desire for self-improvement.

In their unanimous decision to grant parole, the Parole Board stated that Franklin has a strong support system equipped to assist him in complying with his release plan and mental health needs. With proper structure and supports in place, the board concluded that Franklin’s release is compatible with the welfare of society.