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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. 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.
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."
In January, 2003, while on trial for rape, Luster left the country and was
declared a fugitive of 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 21, after two days of
deliberations, the jury found Luster guilty of 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.
The California Court of Appeal refused the appeal his attorneys filed on his
behalf,ruling that as a fugitive from justice, Luster had forfeited his right to
appeal. The California Supreme Court and the United States Supreme Court later
refused to overturn this ruling.
Andrew Luster was later famously caught by bounty hunters, including Duane "Dog"
Chapman, in Mexico.
Flight from justice and capture
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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.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 prison sentence in Mule Creek State Prison in
California. Because the crimes harmed other persons, Luster must serve 85
percent of his sentence before being eligible for release with time off for good
behavor, not making him eligible for release until October 2108. 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.
Lawsuits
Two of the victims won civil lawsuits against Luster, who was ordered to pay a
total of $39 million. The women's attorneys have been busy ever since trying to
untangle the Luster/Factor family investments. Luster subsequently sold most of
his property and declared bankruptcy. It remains unclear how much the victims
will actually receive.
Movie
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. |