Parole Board Grants Release to Serial Child Molester, Sparking Outrage

A California parole board’s decision to grant parole to David Allen Funston, a convicted serial child molester, has ignited a firestorm of criticism from victims, law enforcement, and state leaders. The case highlights ongoing debates surrounding California’s Elderly Parole Program and the balance between rehabilitation and public safety.

Details of the Case

David Allen Funston, 64, was convicted in 1999 of 16 felony counts related to the kidnapping and molestation of children. He received a sentence of more than 20 years in prison, plus three consecutive terms of 25 years to life. Funston became eligible for review under the California Elderly Parole Program, which considers inmates aged 50 or older who have served at least 20 years.

Victim’s Response

Amelia, one of Funston’s victims, expressed profound disgust and disbelief at the parole board’s decision. “I’m disgusted with the fact that they would even believe anything that he would happen to say… I don’t believe that people like that change,” she stated. Amelia also voiced concerns about the potential for re-offense, noting Funston’s continued fantasies about children. She shared that the abuse has caused lasting trauma, impacting her ability to trust and potentially have children.

Legal and Political Fallout

California Governor Gavin Newsom initially referred the case back to the Board of Parole Hearings for additional review after a parole panel initially approved Funston’s release. He has since requested the board to re-examine its decision, stating he does not agree with the outcome. However, Newsom lacks the authority to directly overturn the board’s decision.

Funston’s attorney, Maya Emig, argues there is no precedent for revisiting the decision, as the parole panel approved his release in September and the full board upheld that approval on February 18.

Legislative Concerns and Calls for Change

Former Sacramento County District Attorney Anne Marie Schubert criticized the decision, attributing it to legislation signed by Governor Newsom – AB 3234 – that expanded the Elderly Parole Program in 2020. The legislation lowered the time-served requirement from 25 years to 20 and expanded eligibility from age 60 to 50. Schubert argued that the law allows for the release of dangerous serial sex offenders and vowed to fight for its amendment.

Related Incidents

The case comes amid other high-profile incidents of alleged attacks. In New York City, James Rizzo, a Level 2 sex offender with 16 prior arrests, was arrested for allegedly assaulting a New York University student and another woman.

Fox News’ Stepheny Price contributed to this report.