Serial Child Molester Rearrested After Early Release Sparks Outrage

Prosecutors find loophole to keep David Funston detained as lawmakers push to exclude sex offenders from parole program

Published on Feb. 27, 2026

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The release of serial child molester David Funston from state prison after nearly 27 years has sparked a political firestorm. Funston was granted parole under California's Elderly Parole law, angering victims, prosecutors, and conservative lawmakers who argue the state is too lenient on dangerous criminals. Now prosecutors appear to have found a loophole to keep Funston detained by charging him with new sexual assault allegations from 1995, which could lead to a life sentence if convicted.

Why it matters

Funston's release has reignited the debate over California's criminal justice reforms, with critics arguing the state is prioritizing the rights of offenders over public safety. The case has become a political flashpoint, with Republican lawmakers seeking to exclude sex offenders from the Elderly Parole program and accusing Governor Newsom of being 'soft on crime.' The outcome could lead to rollbacks of laws intended to increase parole opportunities for aging inmates.

The details

In 1999, Funston was convicted of sexually assaulting young girls in Sacramento County and sentenced to three terms of 25 years to life in prison. After being denied parole in 2022, the state Board of Parole Hearings voted last year to release the 64-year-old under the Elderly Parole law. However, after leaving prison, Funston was immediately transferred to the Placer County Jail and charged with new sexual assault allegations from 1995 involving a 5-year-old girl who had testified against him in the 1999 trial. Prosecutors believe this loophole could keep Funston detained for life if convicted.

  • In 1995, Funston allegedly sexually assaulted a 5-year-old girl in Roseville.
  • In 1999, Funston was convicted of crimes against seven girls and one boy, ages 3 to 7, and sentenced to three terms of 25 years to life in prison.
  • In 2022, the Board of Parole Hearings initially denied Funston's release.
  • In 2023, the Board of Parole Hearings voted to grant Funston parole under the Elderly Parole law.
  • On February 23, 2026, Funston was released from the California Institution for Men in Chino and immediately transferred to the Placer County Jail.

The players

David Funston

A 64-year-old serial child molester who was granted parole after serving nearly 27 years in prison for sexually assaulting young girls in Sacramento County.

Gavin Newsom

The Governor of California, who appointed many of the state parole board members but opposed Funston's release and unsuccessfully asked the board to reconsider its decision.

Maggie Krell

A Democratic Assembly Member from Sacramento who announced legislation that would allow state officials to classify such inmates as Sexually Violent Predators and send them to a state hospital for treatment.

Roger Niello

A Republican State Senator who plans to introduce a bill that would exclude convicted sex offenders from the state's Elderly Parole program.

Thien Ho

The Sacramento County District Attorney, who said Funston 'is the worst of the worst - a child predator who lures, grabs, kidnaps, and assaults children' and that 'he will reoffend and is a ticking timebomb.'

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What they’re saying

“I never imagined someone like him would get released. It's an insult to justice and completely traumatic to children and their families.”

— Maggie Krell, Assembly Member, D-Sacramento (San Francisco Chronicle)

“Violent child predators get a second chance while victims get a life sentence. That's the reality of Gavin Newsom's soft-on-crime California, where Democratic policies put predators back into our communities.”

— Corrin Rankin, California Republican Party Chair (San Francisco Chronicle)

“Maybe you should sit this one out, Gaslight Gavin.”

— Brian Jones, Senate Republican Leader, R-San Diego (San Francisco Chronicle)

What’s next

The judge in the case will decide on Tuesday whether or not to allow David Funston to be held without bail on the new sexual assault charges from Placer County.

The takeaway

This case highlights the ongoing tension between criminal justice reform efforts and public safety concerns, particularly when it comes to the release of convicted sex offenders. The political fallout could lead to changes in California's parole laws, as lawmakers on both sides of the aisle seek to address the public's fears about dangerous criminals being released back into communities.