The impending release of David Funston, a 64-year-old serial child molester described by a judge as “the monster parents fear the most,” has ignited a firestorm in California.
At the center of the conflict is a clash between the administration of Democratic Governor Gavin Newsom and law enforcement officials, most notably Sacramento County Sheriff Jim Cooper and former District Attorney Anne Marie Schubert.
In 1999, Funston was convicted of 16 counts of kidnapping and child molestation from crimes committed in 1995 and 1996.
Under California’s “Elderly Parole Program,” certain inmates become eligible for parole after reaching age 50 and serving at least 20 years in prison. Before the policy was expanded in 2021, the threshold had been age 60 and 25 years served.
Sheriff Cooper, himself 62, argued that the law is “dead wrong,” particularly for a predator who kidnapped and brutalized children as young as three.
Funston was originally sentenced to three consecutive life terms — a sentence effectively ensuring he would spend the remainder of his life in prison.
In the face of public outcry, Gov. Newsom’s office said the parole board operates as an “independent agency” under state law. It dismissed criticism tying Newsom to the decision as “MAGA MISINFORMATION,” adding that while Newsom requested a re-review of the case and personally disagreed with the outcome, he has “no authority to reverse” the board’s decision.
🤥MORE MAGA MISINFORMATION!
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. https://t.co/RuTMoYVrF5
— Governor Newsom Press Office (@GovPressOffice) February 24, 2026
However, former D.A. Schubert, the prosecutor who originally put Funston away and famously identified the Golden State Killer, issued a scathing takedown of the Governor’s defense.
Dismissing his claims of powerlessness as a “joke,” Schubert pointed out that Newsom signed the state law allowing some inmates to be eligible for the “Elderly Parole Program” when they reach age 50 and appointed individuals on the board who deemed Funston suitable for early release.
What a joke. 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. https://t.co/nSBZXSnfNw
— Schubert Strategies (@schubertstrat) February 25, 2026
The Funston case highlights a broader trend in California, including the passage of Propositions 47 and 57, which critics argue have eroded public safety by expanding parole eligibility and reducing penalties for some offenses.
Law enforcement officials argue that Sacramento already has a substantial number of registered sex offenders living in the community, and they contend that expanding eligibility for the state “Elderly Parole Program” puts public safety at risk. Cooper and Schubert have slammed what they describe as a system that gives violent offenders additional opportunities for early release — one that they argue comes at the expense of victims, who are left to live with the consequences.
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