Andrew Luster

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Andrew Luster
Born Andrew Stuart Luster
(1963-12-15) December 15, 1963 (age 54)
Las Vegas, Nevada[citation needed]
Criminal charge Rape, sodomy, oral copulation, unlawful flight to avoid prosecution
Criminal penalty 50 years (before appeal, 124 years), $1 million fine
Criminal status Incarcerated in Mule Creek State Prison
Children
  • Connor
  • Quinn
Parent(s)
  • Henry Luster (deceased)
  • Elizabeth Luster
Conviction(s) January 22, 2003 (in absentia; captured June 18, 2003)

Andrew Stuart Luster (born December 15, 1963) is the great-grandson of cosmetics giant Max Factor, Sr., and heir to the Max Factor cosmetics fortune.[1] In 2003 he was convicted of multiple sexual assaults using the date-rape drug GHB.

Early life[edit]

Andrew Luster is the son of Henry Luster, a psychiatrist, and Elizabeth Luster (née Shore). His mother was the adopted daughter of Max Factor, Sr.'s daughter Freda.[2] He grew up in Malibu, California,[3] and attended Windward School in Los Angeles.[2]

After graduating, Luster moved to Mussel Shoals, California, subsisting on a $1 million trust fund and living in a $600,000 cottage on the beach. According to the Los Angeles Times, this move and Luster's "freewheeling lifestyle" weakened his "already tenuous" ties to the Factor family, which was heavily involved in the arts and philanthropy.[2]

Sexual assault charges and conviction[edit]

In 2000, Luster was arrested when a student at a local college told police that she had been raped at Luster's home.[1][4] Upon investigation, police charged Luster with drugging three women with the date-rape drug GHB, sexually assaulting them, and video-taping the assaults, having found videotapes of the assaults when they searched his home.[4] After paying $1 million bail, Luster failed to appear in court to defend himself against the charges in January 2003.[4] Luster was convicted in absentia and sentenced to 124 years in prison.[1][5]

Luster's legal cause earned major attention due to his family's wealth, and in January 2003 the FBI issued a warrant for Unlawful Flight to Avoid Prosecution.[6] In June 2003, he was captured by American bounty hunter Duane "Dog" Chapman in Puerto Vallarta, Mexico. Both Luster and Chapman were subsequently arrested by Mexican police.[1][7][8][9][10] Luster was handed over to American authorities. Chapman's felony kidnapping charge was reduced to a misdemeanor, and his lawyer advised him to flee Mexico when he was released on bail.[11] Chapman later wrote that he believed his actions in Mexico were legal due to working closely with a Mexican police officer while in that nation, but the American judge in Luster's case refused to grant Chapman any reward or bond.[11] Chapman also explained that during his pursuit of Luster, he consulted with "a forensic expert who specialized in sex crimes" who believed Luster's preference for raping unconscious, passive victims indicated a necrophile tendency that might lead to murder.[11]

The California Court of Appeal refused the appeal his attorneys filed on Luster's behalf, citing the fact that Luster had been a fugitive. Longstanding precedent holds that fugitives flout the courts authority, and thus forfeit their right to appeal. The California Supreme Court and the United States Supreme Court later refused to overturn this ruling.[12][13][14]

Prison sentence and civil suits[edit]

Luster is currently incarcerated at Mule Creek State Prison in Ione, California. Under California law, since his crimes harmed other persons, he is required to serve at least 85% of his sentence before becoming eligible for release with time off with good behavior. Had his original sentence stood, Luster would not have even been considered for release until he served 105 years—effectively a life sentence.

In late 2009, Luster filed a petition for habeas corpus as the final possibility of having his case reviewed by another court on appeal.[15] Luster was represented in that suit by Jay Leiderman and J. David Nick. The habeas corpus petition was granted in April 2012.[16] On March 11, 2013, the Ventura County Superior Court vacated Luster's 124-year sentence but not his conviction, based on the trial judge's failure to state specific reasons for imposing consecutive sentences, and ordered a new sentencing hearing April 4, 2013.[17]

On April 16, 2013, Ventura County Superior Court Judge Kathryne Stoltz reduced Luster's sentence to 50 years—48 years for the rapes and two years for the drug-related charges. Luster's lawyers have indicated there will be an appeal.[18]

In 2016, opponents of California Proposition 57 released a brochure that stated that Luster could be released early due to the lack of clarity for what defines "violent crimes." In response to this brochure, California Governor Jerry Brown told Fresno County sheriff Margaret Mims that Luster was originally sentenced to 100 years in prison and was a registered sex offender, "and on both accounts would not be getting out." Brown's administration later clarified that since Luster would have to register as a sex offender, he would not be eligible for parole even if Proposition 57 passed.[19]

Two of the victims won civil lawsuits against Luster, who was ordered to pay a total of $40 million. Luster subsequently sold most of his property and declared bankruptcy.[20]

Media portrayals[edit]

After he vanished, a movie called A Date with Darkness: The Trial and Capture of Andrew Luster[21] was made, based on the events. The film was originally intended to end with a picture of the real Andrew Luster, and a request to the audience to notify authorities if they should see him. When Luster was finally captured, the film was still shooting. The ending was re-written to incorporate his capture.

On August 28, 2009, the true crime TV Series Dominick Dunne's Power, Privilege, and Justice aired an episode on the case in Season 3, Episode 4, "Evil Deeds".

On August 31, 2017, Investigation Discovery aired the first episode of Guilty Rich, which recounted the story of Andrew Luster's crimes, arrest, flight, and ultimate conviction and incarceration.

References[edit]

  1. ^ a b c d Weiner, Tim (June 19, 2003). "Fugitive and Heir to Cosmetics Fortune Is Captured in Mexico". The New York Times. Retrieved January 25, 2018. 
  2. ^ a b c Fischer, Mary A. (1 December 2002). "The Thin Blurred Line". latimes.com. Retrieved 28 July 2015. 
  3. ^ "ANDREW LUSTER: THE CONVICTED MAX FACTOR HEIR – WHERE IS HE NOW?". www.babble.com. Retrieved January 4, 2018. 
  4. ^ a b c Leduff, Charlie (8 January 2003). "Cosmetics Heir Is Missing As His Rape Trial Proceeds". The New York Times. 
  5. ^ "Max Factor heir to pay damages". the Guardian. Retrieved 28 July 2015. 
  6. ^ In Re Grand Jury Transcripts in The Matter of the Investigation of Andrew Luster's Flight to Avoid Prosecution
  7. ^ "NBC10.com - Local News - Report: Rice May Decide 'Dog Chapman' Case". archive.org. 9 November 2006. Archived from the original on 9 November 2006. Retrieved 23 June 2017. 
  8. ^ "Luster Hunter Can't Cash In". cbsnews.com. Retrieved 23 June 2017. 
  9. ^ "'Dog' the Bounty Hunter loses extradition battle". msn.com. 16 February 2007. Retrieved 23 June 2017. 
  10. ^ "Andrew Luster — A Night Out — Crime Library". archive.org. 10 February 2015. Archived from the original on 10 February 2015. Retrieved 23 June 2017. 
  11. ^ a b c Duane "Dog" Chapman and Laura Morton. You Can Run But You Can't Hide (2007, NY: Hyperion)
  12. ^ "California Courts Appellate Courts; Docket (Register of Actions)". Appellatecases.courtinfo.ca.gov. Retrieved 2013-09-28. 
  13. ^ Supreme Court of the United States Docket for 03-854, Andrew Stuart v. California December 11, 2003
  14. ^ Record of the Motion to Dismiss Appeal at FindLaw
  15. ^ Hernandez, Raul. Luster petitions court to free him. Ventura County Star, 2009-11-12.
  16. ^ "Ventura County Star 10 December 2012, retrieved 23 January 2013". Vcstar.com. Retrieved 2013-09-28. 
  17. ^   (2013-03-11). "Convicted rapist Andrew Luster's 124-year sentence vacated". Latimesblogs.latimes.com. p. m. Retrieved 2013-09-28. 
  18. ^ "Andrew Luster, Max Factor Heir, Resentenced To 50 Years For Rapes". The Huffington Post. 17 April 2013. Retrieved 17 September 2014. 
  19. ^ Gomez, Luis. "Jerry Brown chews out sheriff in voicemail over Prop. 57". sandiegouniontribune.com. Retrieved 23 June 2017. 
  20. ^ Krajicek, David. "Andrew Luster, Max Factor heir and convicted rapist". The Crime library. Archived from the original on October 11, 2008. Retrieved 2013-09-28. 
  21. ^ "A Date with Darkness: The Trial and Capture of Andrew Luster (TV Movie 2003)". imdb.com. Retrieved 23 June 2017. 

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