Suzette Martinez Valladares | How California Nearly Set a Serial Child Rapist Free |
“Are you still attracted to female children?”
“Yes, I am.”
That exchange comes directly from the official transcript of a California parole hearing for convicted child predator David Allen Funston.
The commissioner asked the question again to be certain.
“Do you want to say yes or no?”
Funston responded: “Yes … yes ma’am.”
In the same hearing, Funston acknowledged that he should not be around children.
Yet despite those admissions — despite acknowledging he is still attracted to children — California’s parole board still approved his release.
Let that sink in.
A man convicted of kidnapping and sexually assaulting young children admitted he is still attracted to children … and the system nearly let him walk free.
If you’re wondering how something this outrageous could happen, the answer lies in policy decisions made under one-party rule in California.
For years, Sacramento’s legislative supermajority has pursued criminal justice policies focused largely on reducing prison populations. In the process, the balance of our justice system has shifted — away from victims and toward offenders.
Even some Democrats in law enforcement have warned that Sacramento’s public safety policies have gone off course. Sacramento County Sheriff Jim Cooper, a former Democratic Assembly member who once served in the Legislature himself, has said the state’s criminal justice policies have strayed too far from protecting the public.
The near release of David Allen Funston shows exactly what happens when they do.
In 1999, Funston was convicted on 16 counts of kidnapping and child molestation for violent sexual attacks on children in Sacramento and Placer counties. He used dolls, toys and candy to lure children ranging in age from 3 to 7 into his car, where he beat and sexually assaulted them before abandoning them in remote areas.
He was sentenced to 20 years and eight months plus three consecutive life terms. For decades, it seemed certain he would never walk free.
Yet last month, Funston, now 64, was approved for release under California’s Elderly Parole Program.
The backlash that followed was swift and justified.
I immediately called on Gov. Gavin Newsom to remove and replace the parole commissioners responsible for this decision.
So how did we get here?
The Elderly Parole Program was created in 2014 by the legislative majority as part of an effort to reduce the state prison population. It allowed inmates age 60 or older who had served at least 25 years of their sentence to receive parole hearings, regardless of how much time remained on their sentence.
The policy excluded inmates sentenced to death or life without the possibility of parole and those convicted of killing a peace officer.
But it did not exclude violent sexual predators like Funston.
Then in 2020, the Legislature expanded the program even further.
Assembly Bill 3234 lowered the eligibility age from 60 to 50 and reduced the required time served from 25 years to 20. The bill moved quickly through the legislative process with little public scrutiny before being signed into law by Gov. Newsom.
The result? Dangerous offenders suddenly had a new pathway to release.
There have been attempts to fix the problem. My colleague Sen. Brian Jones introduced legislation, which I proudly co-authored, to close the loophole allowing predators like Funston to qualify for elderly parole.
The bill was quietly killed.
When confronted with the parole board’s decision, the governor claimed his hands were tied. He can ask the board to review a decision, but under current law he cannot overturn it.
Thankfully, on the very day Funston was scheduled to be released, the Placer County district attorney refiled charges from 1996 to keep him behind bars. Those charges were not prosecuted at the time because Funston had already received multiple life sentences. No one imagined that future policy changes would create a pathway to his release.
But it should never require last-minute legal maneuvers by a district attorney to stop a convicted child rapist from walking free.
There is now legislation moving to address part of the problem. I am co-authoring AB 2342 by Assemblyman Josh Hoover, which would give the governor the authority to reverse parole decisions involving violent felonies.
California must confront a hard truth: Public safety policies that prioritize ideology over common sense put communities at risk.
I will continue fighting to close dangerous loopholes, hold decision-makers accountable, and ensure our justice system puts victims first and predators behind bars — where they belong.
Californians deserve nothing less.
Suzette Martinez Valladares represents the Santa Clarita Valley in the state Senate.“Right, Here Right Now” appears Saturdays and rotates among local Republicans.
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