California Governor Calls for Review of Child Molester's Parole

Newsom disagrees with decision to release 64-year-old convicted of kidnapping and sexually assaulting children

Published on Feb. 24, 2026

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California Governor Gavin Newsom has asked the state's Board of Parole Hearings to re-review its decision to release 64-year-old David Funston, who was sentenced in 1999 to more than three life sentences for kidnapping and sexually assaulting seven young children. Newsom's office stated that the governor "doesn't agree with the outcome" of the parole hearing, which was held in September 2025 under the state's elderly parole program.

Why it matters

The case has sparked outrage from law enforcement and victims' advocates, who argue the elderly parole program is too lenient on serious offenders. It raises questions about the balance between criminal justice reform and public safety, as well as the need to ensure the rights and wellbeing of victims are prioritized.

The details

The Board of Parole Hearings granted Funston parole suitability on September 26, 2025, despite his history of horrific sex crimes against children as young as 3 years old. Newsom initially asked the board to re-review the decision, but the panel reaffirmed its recommendation to release Funston at a meeting on February 18, 2026. Sacramento County Sheriff Jim Cooper and former District Attorney Anne Marie Schubert, who prosecuted Funston in the 1990s, have strongly criticized the decision, with Schubert calling Funston a "dangerous human being" and a "pedophile".

  • In 1999, Funston was sentenced to more than three life sentences for kidnapping and sexually assaulting seven young children.
  • On September 24, 2025, the parole board held a suitability hearing for Funston.
  • On September 26, 2025, the parole board granted Funston parole suitability.
  • On January 12, 2026, Newsom referred the case back to the parole board for re-review.
  • On February 18, 2026, the parole board panel reaffirmed its decision to recommend Funston for parole.

The players

Gavin Newsom

The governor of California who has asked the state's Board of Parole Hearings to re-review its decision to release David Funston.

David Funston

A 64-year-old convicted of kidnapping and sexually assaulting seven young children in 1999, who was granted parole suitability by the California Board of Parole Hearings.

Jim Cooper

The Sacramento County Sheriff who has criticized the elderly parole program and the decision to release Funston, arguing it shows a lack of compassion for victims.

Anne Marie Schubert

The former Sacramento County District Attorney who prosecuted Funston in the 1990s and has called him a "dangerous human being" and a "pedophile".

Roger Niello

A California state senator who has introduced legislation to exempt certain crimes from eligibility for release under the elderly parole program.

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What they’re saying

“What the hell is going on in California? Compassionate release? Where is the compassion for the victims? There's zero compassion for the victims. They don't give a damn about the victims.”

— Jim Cooper, Sacramento County Sheriff (FOX40)

“He committed horrific sex crimes. He is a pedophile, in my opinion. He's a dangerous human being.”

— Anne Marie Schubert, Former Sacramento County District Attorney (FOX40)

“I'm one of the lucky children that got away. I'm blessed to be able to stand here today ... to be able to speak about that.”

— Funston's youngest victim (FOX40)

What’s next

The judge in the case will decide on Tuesday whether or not to allow David Funston out on bail.

The takeaway

This case highlights the ongoing debate over criminal justice reform and the need to balance public safety with compassionate treatment of offenders. It also underscores the importance of ensuring the rights and wellbeing of victims are prioritized in the parole process.