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Should child rapists be released just because they’re old? Maybe

Murder is considered the worst crime out there, but for my money, it’s child rapists who are the worst of the worst — especially the serial ones who destroy one life after another.

That’s wholly subjective on my part, but I doubt I’m alone. Which is why I was far from surprised at the outrage that accompanied two recent, successful parole hearings for convicted serial child predators in Sacramento.

Gregory Lee Vogelsang, 57, and David Funston, 64, both attacked children and were granted parole through California’s elderly parole program — though both remain behind bars for now.

But the fury over the possibility of their freedom has put the state’s controversial elderly parole program under scrutiny — again — and led to a flurry of legislation to add new restrictions. Should sex offenders be excluded? Especially heinous murderers? Everyone under the age of 75?

It’s easy to answer “yes” to all of the above.

“Part of the problem we have is we shouldn’t be making policy decisions based on speculation and on scary rhetoric that’s disconnected from the facts,” Keith Wattley told me. He’s the founder and director of UnCommon Law, a nonprofit that provides legal services and parole advocacy.

“That’s how politicians make people afraid, but it shouldn’t be how we make law,” he said.

And he’s right, as grotesque as these headline-grabbing cases are. In 2024, there were 3,580 elderly parole hearings and 606 people were granted that relief. Most have remained law-abiding. In the 2019-20 year, the most recent recidivism statistics available from CDCR, 221 people were granted elderly parole. Within three years, only four had been convicted of new crimes, and only one of those was a felony for a crime against a person. That tracks with lots of data that shows men generally age out of violent crimes.

But Funston and Vogelsang are the worst of what we fear when we talk about parole, and their cases rightfully make us wonder what the heck the parole board is doing. Though Gov. Gavin Newsom sent both of these decisions back for review, it’s easy to imagine the attack ads should he run for president: Under Newsom’s watch, child rapists walked free.

“Elder parole has gone too far,” Thien Ho, the Sacramento district attorney whose office prosecuted both men, told me. “I support the opportunity of people to be rehabilitated. But I think that certain individuals, in my opinion, and in my experience, cannot be rehabilitated.”

Here’s where I’m going to make a lot of folks mad on both sides of this issue. I agree with Ho, but also, I agree with Wattley. I don’t think we can pass laws based on our grimmest view of humanity. Removing hope from the system turns our prisons into dungeons and does not ultimately serve public safety.

But then, neither does releasing child molesters into our communities.

Lost in all the wrath about these two cases is the difficult business of justice that led to the early release law in 2014, and any interest in the hard and nuanced conversation that we need to have around terrible crimes. It’s easy and popular to say no violent criminal should ever be released, but we can’t just lock up everyone with no possibility of ever getting out because the “R” in CDCR stands for “rehabilitation,” and also — we just can’t afford the forever scenario, morally or fiscally.

California tried the throw-away-the-key model in the 1980s and ‘90s and ended up with prisons so overcrowded that the federal courts stepped in. The original elderly parole effort came through a 2014 court decision on overcrowding that gave inmates 60 or older who had served at least 25 years a chance to go before the parole board. A chance — no guaranteed freedom, and usually it takes multiple hearings years apart before the board approves it.

Later, the Legislature expanded elderly parole to inmates 50 or older who had served 20 years, but excluded those sentenced under the “three strikes” law or those who had murdered peace officers.

The reality is California has a lot of old, aging and sick people behind bars — at great expense. As we grapple with the idea of universal healthcare, there’s one place in California where it already exists — our prisons and jails. We currently pay more than $41,000 in healthcare costs per inmate per year, according to the Legislative Analyst’s Office.

I’m not going to tell you it’s the best healthcare, but it’s taxpayer-funded, and includes even long-term dementia care. And yes, we do have incarcerated dementia patients.

“This is about reducing our prison population and our liability to cover housing and healthcare for an aging prison population, and we have to balance that with the safety of the community and the rights of victims,” state Assemblymember Maggy Krell (D-Sacramento) told me. She’s sponsoring a bill that would create an additional layer of safety around sex crimes by referring these possible parolees to the civil system that evaluates sexually violent predators for confinement in mental facilities after their prison terms.

“Under some circumstances, it is worth considering paroling some of these defendants,” she said, with the kind of thoughtful rationality sure to offend many. “But the cases that you’re seeing right now are completely egregious, and those defendants should not be released.”

Vogelsang was convicted of almost 30 counts of kidnapping and sex crimes, against kids as young as 5. He’s served 27 years of a 355-year sentence.

David Allen Funston, a child predator convicted in 1999 of multiple counts of kidnapping and child molestation.

David Allen Funston, a Sacramento County child predator convicted in 1999 of multiple counts of kidnapping and child molestation. Funston was granted parole suitability under California’s Elderly Parole Program after serving more than two decades in prison.

(Sacramento County Sheriff’s Office)

David Allen Funston was convicted in 1999 of 16 counts of kidnapping and child molestation for kids as young as toddlers. He was sentenced to three consecutive 25-to-life prison sentences. Newsom bounced his first successful parole bid back to the parole board for a review, and on Feb. 18, it affirmed its decision.

But Placer County prosecutors quickly charged him with an old crime that had never been filed due to the Sacramento case, and he remains incarcerated awaiting trial on those charges.

Vogelsang’s case particularly raised a red flag for me. He told the parole board he’s been working successfully for about five years to control his thoughts about children.

“I don’t want to become aroused, but I know it’s always going to be there,” he said during the hearing.

Newsom also sent Vogelsang’s case back for review, and he will go before the board again on March 18. Vogelsang’s testimony was concerning enough that if I had a vote in this, I’d probably ask him to come back again in a few years, but we’ll see what the board does.

I’ll admit my decision would be emotional, and these cases do make me wonder. But Wattley is right that condemning elderly parole based on the monstrous deeds of these child predators is shortsighted. There is likely little to no public safety benefit in raising the overall age for elderly parole, and certainly no fiscal benefit.

“When you’re paying for older, sicker people to be incarcerated, and they don’t pose a risk to public safety, what are we actually getting for that? We’re not getting anything that supports survivors. We’re not getting anything that prevents crime. We’re just spending taxpayer dollars on something that doesn’t correlate with the public safety risk,” Wattley pointed out.

As hard as it is to wrap our minds around, it’s best for public safety to allow even the worst of the worst their chance in front of the parole board. It may even make sense for some who have committed truly terrible crimes decades ago to be released, if there is strong evidence of change and a low risk to public safety. That’s the kind of fair and realistic justice that no one on either side of the issue wants to talk about.

I’m not convinced Vogelsang and Funston have met those bars. But that doesn’t mean we should throw out the bars.

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These lawmakers were shaped by combat after 9/11. Now they’re grappling with a new Mideast war

As Congress responds to President Trump’s attack on Iran, lawmakers who served on the front lines of Iraq and Afghanistan are making their voices heard in a war debate that has taken on intensely personal meaning.

Many admit mixed feelings, taking satisfaction in seeing vengeance taken on the leadership of an Iranian regime that has targeted U.S. service members for decades, yet fearful that another generation of soldiers could soon face the same combat experiences that they did.

“Do I take gratification? You know there’s the Marine side of me: Yeah, of course,” said Arizona Democratic Sen. Ruben Gallego, whose company suffered some of the heaviest losses on the U.S. side during the Iraq War. “I know they killed a lot of American soldiers, American Marines. But do I also understand that I have a responsibility not to let my lust for revenge drive my country into another war?”

Experiences in the post 9/11 wars are also coloring the decisions of the Trump administration, given that top officials, including Vice President JD Vance and Defense Secretary Pete Hegseth, were once deployed to Iraq.

Gallego, like others on Capitol Hill, leaned heavily on his firsthand experience of fighting in the wars after the Sept. 11, 2001, attacks as he assessed the Iran conflict. Lawmakers wore bracelets etched with the names of friends killed in battle, told stories of coming under attack from Iran-backed militant groups and reflected on their own life-changing injuries suffered during combat.

Veteran lawmakers are wary of war

While the initial votes on Iran saw Congress divide mostly along party lines, with Republicans backing Trump’s actions and Democrats warning of an extended conflict, veterans in both parties share deep reservations about entering the conflict.

“As somebody who knows a lot of friends that didn’t come home and a lot of Gold Star families, that’s why the week before the attack, I was actually one of the ones that was talking about caution and why we needed to avoid at all costs getting into another long, drawn-out Middle Eastern war,” said Republican Rep. Eli Crane of Arizona, a former Navy SEAL who left college to enlist the week after the Sept. 11 attacks.

Crane said his concerns were partially assuaged by briefings from the Trump administration that indicated to him the president is not planning a drawn-out war. He voted against a war powers resolution that would have halted attacks on Iran unless Trump got congressional approval.

But Crane said wars are never straightforward. “I’ve been on military operations that did not go to plan many times, and so I understand the nature,” he said, adding that he was calling for the Trump administration to approach the conflict with “humility and caution.”

Gallego and other Democrats worried that it was too late for that approach. They paid tribute to the six U.S. military members who were killed in a drone strike in Kuwait and worried that there could soon be more American casualties. A seventh service member died on Sunday from wounds suffered during a March 1 attack in Saudi Arabia.

“War is dirty, and mistakes happen,” Gallego said. The longer the conflict drags on, he added, the greater the chance there will be for U.S. military members to be killed. He experienced that firsthand in Iraq when friends would be killed by seemingly random shots from enemy combatants.

Still, many Republicans argued that it was necessary to attack Iran to stop a regime that for decades has helped train and arm militant groups throughout the Middle East. Republican Rep. Brian Mast, who chairs the House Foreign Affairs Committee, led the debate on the House floor against the war powers resolution.

Mast, who served as an Army bomb disposal expert, now uses prosthetic legs after receiving catastrophic injuries from an improvised explosive device in Afghanistan. “Me especially, many of my other colleagues, no one wants to see our military go into combat or war,” he said.

Then he added, “But Iran’s terror, which has caused the deaths of thousands of Americans, it has to stop.”

Trying to push soldiers to forefront of war debate

Important questions loom for Congress as the conflict with Iran unfolds and spreads to other parts of the Middle East. The price of the operation is already likely running into the billions of dollars, likely forcing the Trump administration to soon seek billions in funding from Congress. The outbreak of war has also scrambled global alliances and the future of U.S. foreign policy.

Shadowing it all is the potential of another drawn-out conflict. Lawmakers said they owe it to their fallen comrades to ensure that doesn’t happen.

“To me, it’s to speak out. It’s to say another generation should not go fight in an open-ended, ill-conceived regime change war in the Middle East,” said Democratic Rep. Pat Ryan, his hand moving to a bracelet etched with the names of friends who were killed during his two Army combat tours in Iraq.

Others remembered how frustrated they became with Washington during their service, especially as soldiers tried to fight with insufficiently armored vehicles and not enough troops.

“I know what it was like to be on the very end of the receiving line of the decisions made in Washington,” said Democratic Rep. Jason Crow, who entered the Army as a private before being promoted to a captain and deployed to both Iraq and Afghanistan.

Crow said that front-line soldiers often suffered “because people stopped asking tough questions. People stopped being held accountable. Congress stopped voting on it.”

Another veteran, Democratic Sen. Tammy Duckworth of Illinois, said that was one of the reasons she sought a congressional seat in the first place. As a Blackhawk helicopter pilot with the Illinois National Guard, Duckworth lost her legs when her helicopter was hit by a rocket-propelled grenade in Iraq.

“I ran for Congress so that when the drums of war started beating once again, I’d be in a position to make sure that our elected officials fully considered the true cost of the war,” she said. “Not just in dollars and cents but in human lives.”

Groves writes for the Associated Press.

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‘They’re cancer’: Trump threatens cartels, Cuba at Latin American summit | Donald Trump News

At the inaugural “Shield of the Americas” summit in South Florida, United States President Donald Trump announced the creation of what he calls the Americas Counter-Cartel Coalition: a group of a dozen politically aligned countries committed to fighting drug trafficking.

But as he signed a declaration to cement that commitment, Trump signalled that it came with the expectation that cartels would not be confronted with law enforcement action, but instead military might.

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“ The only way to defeat these enemies is by unleashing the power of our military. So we have to use our military. You have to use your military,” Trump told the audience of Latin American leaders.

“You have some great police, but they threaten your police. They scare your police. You’re going to use your military.”

Saturday’s summit was the latest step in a larger foreign policy pivot under Trump.

Since taking office for a second term, Trump has distanced himself from some of the US’s traditional allies in Europe, instead forging tighter partnerships with right-wing governments around the world.

The attendance at the Shield of the Americas summit reflected that shift. Right-wing leaders, including Argentina’s Javier Milei, El Salvador’s Nayib Bukele and Ecuador’s Daniel Noboa, were among the guest list.

But notably absent was top-level leadership from Mexico, the US’s biggest trading partner, and Brazil, the largest country in the region by economy and population.

Both Mexico and Brazil are led by left-wing presidents who have resisted some of Trump’s more hardline policies.

The growing rift between the US and some of its longtime partners was a feature in the brief remarks delivered by US Secretary of State Marco Rubio, who praised attendees for their cooperation.

“They’re more than allies. They’re friends,” Rubio said of the leaders present.

“At a time when we have learned that oftentimes an ally, when you need them, maybe may not be there for you, these are countries that have been there for us.”

Secretary of Defense Pete Hegseth, meanwhile, reiterated his view that criminal networks and cartels pose an existential crisis for the entire Western Hemisphere, which he described as sharing the same cultural and religious roots.

“ We share a hemisphere and geography. We share cultures, Western Christian civilisation. We share these things together. We have to have the courage to defend it,” Hegseth said.

U.S. President Donald Trump meets with El Salvador's President Nayib Bukele as they attend the "Shield of the Americas" Summit in Miami, Florida, U.S., March 7, 2026. REUTERS/Kevin Lamarque
Donald Trump meets with El Salvador’s President Nayib Bukele as they attend the ‘Shield of the Americas’ summit on March 7 [Kevin Lamarque/Reuters]

A military-first approach

Latin America is one of several areas where Trump has launched military operations since returning to office in January 2025.

His rationale for authorising deadly operations in the region has centred primarily on the illicit drug trade.

Trump has repeatedly argued that Latin American criminal networks pose an imminent threat to national security, through the trafficking of people and drugs across US borders.

Experts in international law have pointed out that drug trafficking is considered a criminal offence — and it is not accepted as justification for acts of military aggression.

But the Trump administration has nevertheless launched lethal military strikes against alleged drug traffickers in Latin America.

Since September, for instance, the Trump administration has conducted at least 44 aerial strikes on maritime vessels in the Caribbean Sea and eastern Pacific Ocean, killing nearly 150 people.

The victims’ identities have never been publicly confirmed, nor has evidence been publicly released to justify the deadly strikes.

Some families in Colombia and Trinidad and Tobago have stepped forward to claim the dead as their loved ones, out on a fishing expedition or travelling between islands for informal work.

In Saturday’s remarks, Trump justified the attacks by arguing that cartels and other criminal networks had grown more powerful than local militaries — and therefore necessitated a lethal response.

“Many of the cartels have developed sophisticated military operations. Highly sophisticated, in some cases. They say they’re more powerful than the military in the country,” Trump said.

“Can’t have that. These brutal criminal organisations pose an unacceptable threat to national security. And they provide a dangerous gateway for foreign adversaries in our region.”

He then compared cartels to a disease: “They’re cancer, and we don’t want it spreading.”

US President Donald Trump signs a proclamation at the "Shield of the Americas" Summit at Trump National Doral in Miami, Florida, March 7, 2026.
US President Donald Trump signs a proclamation at the ‘Shield of the Americas’ summit in Doral, Florida [AFP]

A ‘nasty’ operation in Venezuela

In late December and early January, Trump also initiated attacks on Venezuelan soil, again defending his actions as necessary to stop drug traffickers.

The first attack targeted a port Trump linked to the gang Tren de Aragua. The second, on January 3, was a broader offensive that culminated in the abduction and imprisonment of Venezuela’s then-leader, President Nicolas Maduro.

On Saturday, Trump reflected on that military operation, which he characterised as an unmitigated success.

Maduro is currently awaiting trial on drug-trafficking charges in New York, though a declassified intelligence report last May cast doubt on Trump’s allegations that the Venezuelan leader directed drug-trafficking operations through groups like Tren de Aragua.

“America’s armed forces also ended the reign of one of the biggest cartel kingpins of all, with Operation Absolute Resolve to bring outlaw dictator Nicolas Maduro to justice in a precision raid,” Trump told Saturday’s summit.

He then described the military operation as “nasty”, though he underscored that no US lives were lost.

The early-morning raid, however, killed at least 80 people in Venezuela, including 32 Cuban military officers, dozens of Venezuelan security forces, and several civilians.

“We went right into the heart. We took them out, and it was nasty. It was about 18 minutes of pure violence, and we took them out,” Trump said of the operation.

Trump has since held up Venezuela as a model for regime change around the world, particularly as it leads a war with Israel against Iran.

Maduro’s successor, interim President Delcy Rodriguez, has so far complied with many of Trump’s demands, including for reforms to the country’s nationalised oil and mining sectors.

Just this week, the two countries re-established diplomatic relations for the first time since 2019, under Trump’s first term as president.

In Saturday’s remarks, however, Trump reiterated that his positive relationship with Rodriguez hinged on her cooperation with his priorities.

“She’s doing a great job because she’s working with us. If she wasn’t working with us, I would not say she’s doing a great job,” he said.

“In fact, if she wasn’t working with us, I’d say she’s doing a very poor job. Unacceptable.”

U.S. Secretary of Defense Pete Hegseth speaks next to U.S. President Donald Trump during the "Shield of the Americas" Summit in Miami, Florida, U.S., March 7, 2026. REUTERS/Kevin Lamarque
US Secretary of Defense Pete Hegseth speaks at the summit of Latin American leaders on March 7 [Kevin Lamarque/Reuters]

‘We’ll use missiles’

Trump did, however, express consternation with other presidents in the Latin American region, accusing them of allowing cartels to run amok.

“Leaders in this region have allowed large swaths of territory, the Western Hemisphere, to come under the direct control” of the cartels, Trump said.

“Transnational gangs have taken over, and they’ve run areas of your country. We’re not going to let that happen.”

He even delivered an ominous warning to the summit’s attendees: “Some of you are in danger. I mean, you’re actually in danger. It’s hard to believe.”

Many of the leaders in attendance, including El Salvador’s Bukele, have launched their own harsh crackdowns on gangs in their countries, employing “mano dura” or “iron fist” tactics.

Those campaigns, however, have elicited concerns from human rights groups, who have noted that presidents like Bukele used emergency declarations to suspend civil liberties and imprison hundreds of people, often without a fair trial.

Still, Trump dismissed alternative approaches in Saturday’s speech. Though he did not mention Colombia by name, he was critical of efforts to negotiate for the disarmament of cartels and rebel groups, as Colombian President Gustavo Petro has sought to do.

Instead, he offered to deploy military might throughout the region.

“We’ll use missiles. If you want us to use a missile, they’re extremely accurate — pew! — right into the living room, and that’s the end of that cartel person,” Trump said.

“A lot of countries don’t want to do that. They say, ‘Oh, sure. I’d rather not have that. I’d rather not have it. I believe they could be spoken to.’ I don’t think so.”

U.S. President Donald Trump, Dominican Republic President Luis Abinader, Argentina's President Javier Milei, El Salvador's President Nayib Bukele, Guyana's President Mohamed Irfaan Ali, Costa Rica's President Rodrigo Chaves Robles, Bolivia's President Rodrigo Paz, Ecuador's President Daniel Noboa, Paraguay's President Santiago Pena and Chile's President-elect Jose Antonio Kast pose for a family photo during the "Shield of the Americas" Summit in Miami, Florida, U.S., March 7, 2026. REUTERS/Kevin Lamarque
Leaders gather for a group photo at the ‘Shield of the Americas’ summit on March 7 [Kevin Lamarque/Reuters]

A call to ‘eradicate’ Mexico’s cartels

One country he did single out, though, was Mexico. Trump suggested that it had fallen behind other countries in the region in its efforts to combat crime.

“We must recognise the epicentre of cartel violence is Mexico,” he said.

“The Mexican cartels are fueling and orchestrating much of the bloodshed and chaos in this hemisphere, and the United States government will do whatever’s necessary to defend our national security.”

Since the start of his second term, Trump has pressured Mexico to step up its security efforts, threatening tariffs and even the possibility of military action if it does not comply.

Mexican President Claudia Sheinbaum has responded by increasing military deployments throughout the country.

In February 2025, for instance, she announced 10,000 soldiers would be sent to the US-Mexico border. For the upcoming FIFA World Cup, her officials have said nearly 100,000 security personnel will be patrolling the streets.

Just last month, her government also launched a military operation in Jalisco to capture and kill the cartel leader Nemesio Oseguera Cervantes, nicknamed “El Mencho”. She has also facilitated the transfer of cartel suspects to the US for trial.

But Trump reemphasised on Saturday his belief that Sheinbaum had not gone far enough, though he called her a “very good person” and a “beautiful woman” with a “beautiful voice”.

“I said, ‘Let me eradicate the cartels,’” Trump said, relaying one of his conversations with Sheinbaum.

“We have to eradicate them. We have to knock the hell out of them because they’re getting worse. They’re taking over their country. The cartels are running Mexico. We can’t have that. Too close to us, too close to you.”

Secretary of State Marco Rubio, center, delivers remarks at a working lunch, flanked by Secretary of Homeland Security Kristi Noem, left, and Commerce Secretary Howard Lutnick, right, at the Shield of the Americas Summit, Saturday, March 7, 2026, at Trump National Doral Miami in Doral, Fla. (AP Photo/Rebecca Blackwell)
Secretary of State Marco Rubio, centre, delivers remarks at a working lunch at Trump National Doral Miami in Florida [Rebecca Blackwell/AP Photo]

‘Last moments of life’ in Cuba

Trump also used his podium to continue his threats against Cuba’s communist government.

Since the January 3 attack on Venezuela, Trump has increased his “maximum pressure” campaign against the Caribbean island, which has been under a full US trade embargo since the 1960s.

His administration severed the flow of oil and funds from Venezuela to Cuba, and in late January, Trump announced he would impose steep economic penalties on any country that provides the island with oil, a critical resource for the country’s electrical grid.

Already, the country has been struck with widespread blackouts, and the United Nations has warned Cuba is inching closer to humanitarian “collapse”.

But Trump framed the circumstances as progress towards the ultimate goal of regime change in Cuba.

“As we achieve a historic transformation in Venezuela, we’re also looking forward to the great change that will soon be coming to Cuba,” he told Saturday’s summit.

“Cuba’s at the end of the line. They’re very much at the end of the line. They have no money, they have no oil. They have a bad philosophy. They have a bad regime that’s been bad for a long time.”

He added that he thinks changing Cuba’s government will be “easy” and that a deal could be struck for the transition of power.

“Cuba’s in its last moments of life as it was. It’ll have a great new life, but it’s in its last moments of life the way it is,” Trump said.

But while Trump’s remarks largely focused on governments not represented at the summit, he warned that there could be consequences even for the right-wing leaders in attendance.

Trump’s “Shield of the Americas” coalition comes as he seeks to bring the whole of Latin America in line with US priorities. It’s a policy he has dubbed the “Donroe Doctrine”, a riff on the 19th-century Monroe Doctrine, which claimed the Western Hemisphere as the US’s sphere of influence.

To Trump, that means ousting rival powers like China as they seek to forge relationships and economic ties with Latin America. Trump has even mused about retaking the Panama Canal, based on his allegation that the Chinese have too much control in the area.

“As these situations in Venezuela and Cuba should make clear, under our new doctrine — and this is a doctrine — we will not allow hostile foreign influence to gain a foothold in this hemisphere,” Trump said.

He then made a pointed remark to Panama’s president, Jose Raul Mulino, who was in the audience.

“That includes the Panama Canal, which we talked about. We’re not going to allow it.”

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