The Puerto Rico Court of Appeals ruled on June 22, 2026, against Edwin Franqui Marrero, an inmate seeking to overturn a decision that denied him parole eligibility. The court's ruling affects inmates convicted of serious crimes, particularly those involving kidnapping, and clarifies the jurisdiction of the Board of Parole in such cases.
Marrero, who is serving a 99-year sentence for first-degree murder and a concurrent 60-year sentence for aggravated kidnapping, challenged the Department of Corrections and Rehabilitation's (DCR) determination that he did not qualify for parole under the newly enacted Law No. 85-2024. This law excludes individuals convicted of certain serious crimes from parole eligibility, regardless of when the crime occurred.
The court's decision is significant as it reinforces the authority of the Board of Parole and the application of recent legislative changes affecting inmates' eligibility for parole. The ruling emphasizes the importance of adhering to established legal frameworks when evaluating parole requests.
Background
Edwin Franqui Marrero was sentenced on February 1, 2000, by the Superior Court of Mayagüez to 99 years for first-degree murder and 60 years for aggravated kidnapping. The sentences were to run concurrently. Over the years, Marrero sought parole, but his case was complicated by the DCR's interpretation of his eligibility under the law.
On September 27, 2023, the DCR referred Marrero's case to the Board of Parole for evaluation. The Board requested a certification regarding Marrero's criminal record, which the DCR provided on January 15, 2025. This certification indicated that Marrero's sentence for kidnapping would not be completed until March 20, 2054, making him ineligible for parole under the new law.
In response, Marrero filed a judicial review request against the DCR's decision on January 12, 2026. He argued that the DCR's interpretation of the law was incorrect and that he should be eligible for parole. However, the DCR maintained that the Board of Parole had the exclusive authority to evaluate parole eligibility.
The Ruling
The Puerto Rico Court of Appeals, with Judge Adames Soto presiding, confirmed the DCR's determination, stating, "The Board of Parole is the entity with jurisdiction to determine if an inmate qualifies for parole, and the application of Law No. 85-2024 is clear in excluding certain crimes from consideration for parole." The court emphasized that it was the Board's interpretation of the law that dictated Marrero's ineligibility.
The court found that Marrero's arguments regarding retroactive application of the law and the DCR's certifications were without merit. The court noted that the DCR had properly guided Marrero on the correct procedures to challenge the Board's decision, reiterating that the Board was the appropriate body to handle such matters.
Impact
This ruling has significant implications for inmates in Puerto Rico, particularly those convicted of serious crimes such as murder and kidnapping. It reinforces the authority of the Board of Parole and clarifies that recent legislative changes can affect an inmate's eligibility for parole, regardless of when the crime was committed.
The decision may deter other inmates from pursuing similar challenges, knowing that the courts are likely to uphold the Board's interpretations of eligibility under the law. Additionally, it underscores the importance of legislative frameworks in shaping the parole process and the rights of inmates.
What's Next
Marrero's options for appeal are limited, as the ruling from the Puerto Rico Court of Appeals is typically final unless there are grounds for further review by the Puerto Rico Supreme Court. There are no related cases pending that directly impact this ruling.