A California parole board has granted parole to David Funston, a 64-year-old convicted serial child molester, sparking criticism from law enforcement officials. Governor Gavin Newsom's office described the board as independent and stated that the governor disagrees with the decision but lacks authority to overturn it. Former District Attorney Anne Marie Schubert, who prosecuted Funston, accused Newsom of responsibility for the policy and appointments.
David Funston, convicted in 1999 of 16 counts of kidnapping and child molestation for crimes committed in 1995 and 1996, faces release under California's Elderly Parole Program. The program allows certain inmates eligible for parole after reaching age 50 and serving at least 20 years in prison, a threshold expanded in 2021 from the previous requirements of age 60 and 25 years served. Funston, originally sentenced to three consecutive life terms, was described by a judge as “the monster parents fear the most” for targeting children as young as three.
The decision by the Board of Parole Hearings has drawn sharp rebukes from Sacramento County Sheriff Jim Cooper, who called the law “dead wrong,” especially for such predators. Cooper, aged 62 himself, highlighted the risks to public safety in Sacramento, which already hosts a significant number of registered sex offenders.
Governor Newsom's press office responded to public outcry by emphasizing the board's independence under state law. They noted that Newsom requested a re-review of the case and personally opposes the outcome but has “no authority to reverse” it. The office dismissed linking Newsom directly to the decision as “MAGA MISINFORMATION,” stating: “The Board of Parole hearings is an independent agency and made this decision. The Governor asked for them to re-review its decision. The Governor doesn’t agree with the outcome and has NO authority to reverse this independent decision per state law.”
Former Sacramento District Attorney Anne Marie Schubert, who prosecuted Funston and helped identify the Golden State Killer, challenged Newsom's position. She described his claims of powerlessness as a “joke,” pointing out that he signed the law expanding eligibility to age 50 and appointed board members who approved the release. In a statement, Schubert said: “Newsom not only SIGNED the law allowing early release at 50…he appointed these people. I prosecuted Funston. He earned his 3 life terms. No rational human being would think releasing him is a good idea. Yet…Newsom’s parole board did. Let that sink in.”
Critics, including Cooper and Schubert, connect the case to broader policies like Propositions 47 and 57, which they argue have weakened penalties and expanded parole options, potentially endangering communities at the expense of victims.
