A convicted child molester at the center of a firestorm over California’s elderly parole law appeared in court on Monday in Placer County to face new charges.David Funston, 64, is accused of molesting a child in Roseville in 1996, Placer County prosecutors said. Funston was convicted of kidnapping and child molestation in 1999. His punishment was originally three life sentences in prison, but California’s elder parole program, he was granted an early release from California Department of Corrections and Rehabilitation custody.The Placer County DA’s office said it refiled charges against Funston from 1996 within the state’s statute of limitations. “We filed the charges and sought to get him into custody as soon as possible. We would do that on a case like this regardless, but given the exigent circumstances of his immediate release, it made it move that much quicker,” said Placer County District Attorney Morgan Gire.On Monday, Funston waived his arraignment, which is the first step in facing criminal charges. His lawyer needed to get up to speed on the 30-year-old case and had not seen the 1996 police reports. Funston appeared in court and answered the judge’s questions, saying he understood his constitutional rights. The arraignment was continued to next Monday. He’s being held on no bail. Gire said they did seek to prosecute Funston in the 90’s because of the three life sentences.”Mr. Funston was already being prosecuted and convicted and sentenced to life sentences. And in those days, life sentences meant just that, life sentences,” said Gire. “Why go through all the resources? Why put another victim through it when this ordeal had just concluded with the end result that everyone was satisfied with? But the statute of limitations allows us to continue to prosecute.”Funston is making headlines because the state parole board found him “suitable” for release, saying he did not pose an unreasonable risk. He became eligible due to his age, as the law now says if criminals turn 50 and serve 20 years they can be considered for release.Transcripts from a hearing in September showed that Funston indicated he had pedophilic fantasies as recently as 2021.Funston said he had a “lapse” from 2020 to 2021 in which he had fantasies about children, including an 8-year-old girl who lived across the street from him and played with his daughter.He said after that, he saw a mental health counselor and developed an “urge control plan” that he has been practicing every day since. He said he was still attracted to female children.During the hearing, he also admitted to molesting a boy because of a “desire for power and control.” He said he molested the boy because the boy was vulnerable and available.He described pedophilia as a lifelong condition, saying, “There’s always a possibility that I’ll relapse. I, um, I know it’s not inevitable, so I know that it’s important for me to continue to build on my recovery. Uh, I don’t — I want to do everything I can to ensure that I — that I never harm another child.”During the hearing, Deputy District Attorney Dean Archibald said Funston was a “very dangerous guy” and posed an unreasonable risk of danger to the public.Even so, the panel found he was suitable for parole and did not pose an unreasonable risk to danger if released. A parole board member praised his urge control plan and said he planned to continue sex offender treatment.In January, Gov. Gavin Newsom referred the case back to the board, requesting a review of the prior parole decision.After that review, the Board of Parole Hearings panel reaffirmed its earlier decision.Funston was set to be released on Thursday but was turned him over to Placer County authorities after the new arrest warrant was issued.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
A convicted child molester at the center of a firestorm over California’s elderly parole law appeared in court on Monday in Placer County to face new charges.
David Funston, 64, is accused of molesting a child in Roseville in 1996, Placer County prosecutors said.
Funston was convicted of kidnapping and child molestation in 1999. His punishment was originally three life sentences in prison, but California’s elder parole program, he was granted an early release from California Department of Corrections and Rehabilitation custody.
The Placer County DA’s office said it refiled charges against Funston from 1996 within the state’s statute of limitations.
“We filed the charges and sought to get him into custody as soon as possible. We would do that on a case like this regardless, but given the exigent circumstances of his immediate release, it made it move that much quicker,” said Placer County District Attorney Morgan Gire.
On Monday, Funston waived his arraignment, which is the first step in facing criminal charges. His lawyer needed to get up to speed on the 30-year-old case and had not seen the 1996 police reports.
Funston appeared in court and answered the judge’s questions, saying he understood his constitutional rights. The arraignment was continued to next Monday. He’s being held on no bail.
Gire said they did seek to prosecute Funston in the 90’s because of the three life sentences.
“Mr. Funston was already being prosecuted and convicted and sentenced to life sentences. And in those days, life sentences meant just that, life sentences,” said Gire. “Why go through all the resources? Why put another victim through it when this ordeal had just concluded with the end result that everyone was satisfied with? But the statute of limitations allows us to continue to prosecute.”
Funston is making headlines because the state parole board found him “suitable” for release, saying he did not pose an unreasonable risk.
He became eligible due to his age, as the law now says if criminals turn 50 and serve 20 years they can be considered for release.
Transcripts from a hearing in September showed that Funston indicated he had pedophilic fantasies as recently as 2021.
Funston said he had a “lapse” from 2020 to 2021 in which he had fantasies about children, including an 8-year-old girl who lived across the street from him and played with his daughter.
He said after that, he saw a mental health counselor and developed an “urge control plan” that he has been practicing every day since. He said he was still attracted to female children.
During the hearing, he also admitted to molesting a boy because of a “desire for power and control.” He said he molested the boy because the boy was vulnerable and available.
He described pedophilia as a lifelong condition, saying, “There’s always a possibility that I’ll relapse. I, um, I know it’s not inevitable, so I know that it’s important for me to continue to build on my recovery. Uh, I don’t — I want to do everything I can to ensure that I — that I never harm another child.”
During the hearing, Deputy District Attorney Dean Archibald said Funston was a “very dangerous guy” and posed an unreasonable risk of danger to the public.
Even so, the panel found he was suitable for parole and did not pose an unreasonable risk to danger if released. A parole board member praised his urge control plan and said he planned to continue sex offender treatment.
In January, Gov. Gavin Newsom referred the case back to the board, requesting a review of the prior parole decision.
After that review, the Board of Parole Hearings panel reaffirmed its earlier decision.
Funston was set to be released on Thursday but was turned him over to Placer County authorities after the new arrest warrant was issued.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
