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Andrew Luster
Born 15 December 1963 (1963-12-15) (age 46)
Las Vegas, Nevada
Conviction(s) Rape, sodomy, oral copulation, unlawful flight to avoid prosecution
Penalty 124 years imprisonment
Status Incarcerated in Mule Creek State Prison
Parents Elizabeth Luster
Children Two children

Andrew Stuart Luster (born December 15, 1963) is the great-grandson of cosmetics giant Max Factor, Sr. and an heir to the Max Factor cosmetics fortune. He grew up in Malibu, California and attended Winward School in Santa Monica. Convicted of a series of rapes in 2003, Luster had been supported by a $3.1 million trust fund as he traveled and surfed at various beaches.

Contents

Arrest, conviction and appeal

In 1996, 1997 and 2000 Luster was accused of giving three women GHB, a known date rape drug, and raping them while they were unconscious. Luster was brought to trial in 2002. Soon afterward, police officers found videotapes of Luster raping the women in question, including one tape labeled "Shauna GHBing." [1] In January, 2003, while on trial for rape, Luster left the country and was declared a fugitive from justice by the judge. Although his attorneys attempted to halt proceedings until he could be located, the judge ruled that Luster would be tried in absentia.

The trial went ahead without him and on January 22, after two days of deliberations, the jury found Luster guilty on 86 of 87 charges against him (many of which had been added to California state law in the wake of the 1996 federal drug-induced sexual assault law) and deadlocked on a single poisoning charge.

Luster was convicted of 20 counts of drug-induced rape, 17 counts of raping an unconscious victim, and multiple counts of sodomy and oral copulation by use of drugs. Luster was sentenced to six years for each of the 20 counts of rape (to be served consecutively) and another four years for poisoning, for a total of 124 years in prison. Luster was also ordered to pay a $1 million fine.[2]

The California Court of Appeal refused the appeal his attorneys filed on his behalf,[3] ruling that as a fugitive from justice, Luster had flouted the court's authority and had thus forfeited his right to appeal. The California Supreme Court and the United States Supreme Court later refused to overturn this ruling.[4][5][6]

Andrew Luster was later famously caught by bounty hunter Duane Chapman in Mexico.

Flight from justice and capture

During his flight, Luster found his way to Puerto Vallarta, Mexico where he lived under the assumed name David Carrera, surfing and partying. He was captured by bounty hunter Duane "Dog" Chapman, his son Leland Chapman, Tim Chapman, and two TV crewmen in a noisy scuffle on June 18, 2003 and was then taken into custody by Mexican authorities. The next day, Luster was returned to the U.S., and imprisoned.[7] Chapman was subsequently arrested for deprivation of liberty because bounty-hunting is prohibited by Mexican law, a charge that was ultimately dropped in August 2007.

Eligibility for parole

Luster is currently serving his 124 year[7] prison sentence in Mule Creek State Prison in California. Because his crimes harmed other persons, Luster must serve 85 percent of his sentence before being eligible for release with time off for good behavior. He will not be eligible for release until October 2108--virtually assuring he will die in prison (he would be 145 years old when he is eligible).

Luster has filed a federal habeas corpus suit as the final possibility of getting his case reviewed by another Court on appeal, which was rejected in late 2007. Soon after, his attorney in the case Stephen Yagman, began his own three year prison term for tax evasion.[8][9]

Lawsuits

Two of the victims won civil lawsuits against Luster, who was ordered to pay a total of $39 million. Their attorneys are still trying to wade through the Luster/Factor investments to determine how much their clients will actually receive. Luster subsequently sold most of his property and declared bankruptcy.[10]

Movie and television documentary

After he vanished, a movie called A Date with Darkness: The Trial and Capture of Andrew Luster was made based on him and his victims. The film was supposed to end with a picture of the real Andrew Luster, asking 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 28th 2009 Dominick Dunne on Power, Privilege, and Justice published a documentary via the TruTV network.

References

  1. ^ http://www.trutv.com/library/crime/criminal_mind/sexual_assault/andrew_luster/5.html
  2. ^ Andrew Luster, Max Factor heir and convicted rapist - the Crime Library - The Crime library
  3. ^ California Courts - Appellate Court Case Information
  4. ^ California Courts - Appellate Court Case Information
  5. ^ Docket for 03-854
  6. ^ FindLaw record of the Motion to Dismiss Appeal [1]
  7. ^ a b http://www.cnn.com/2003/LAW/06/19/max.factor.heir/ CNN site, "Max Factor heir returns to face prison term" (June 20, 2003)
  8. ^ CNN.com - Luster bounty hunter back in U.S. - Jul. 2, 2003
  9. ^ Andrew Luster, Max Factor heir and convicted rapist - the Crime Library - The Crime library
  10. ^ Andrew Luster, Max Factor heir and convicted rapist - the Crime Library - The Crime library

External links








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