Andrew Luster

Infobox Criminal
subject_name = Andrew Luster


image_size = 200px
image_caption =
date_of_birth = Birth date|1963|12|15
place_of_birth = Las Vegas, Nevada
date_of_death =
place_of_death =
alias =
conviction = Rape, sodomy, oral copulation, unlawful flight to avoid prosecution
penalty = 124 years imprisonment
status = Incarcerated in Mule Creek State Prison
occupation =
spouse =
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. 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. [ [http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/13.html Andrew Luster, Max Factor heir and convicted rapist - the Crime Library - The Crime library ] ]

The California Court of Appeal refused the appeal his attorneys filed on his behalf, [ [http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=2&doc_id=165836&div=6 California Courts - Appellate Court Case Information ] ] 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. [ [http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=0&doc_id=276365 California Courts - Appellate Court Case Information ] ] [ [http://www.supremecourtus.gov/docket/03-854.htm Docket for 03-854 ] ] [FindLaw record of the Motion to Dismiss Appeal [http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/luster/caluster62003agmot.pdf] ]

Andrew Luster was later famously caught by bounty hunters, including Duane "Dog" 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. [http://www.cnn.com/2003/LAW/06/19/max.factor.heir/ CNN site, "Max Factor heir returns to face prison term" (June 20, 2003)] 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. [ [http://www.cnn.com/2003/LAW/07/02/bounty.hunter.mexico CNN.com - Luster bounty hunter back in U.S. - Jul. 2, 2003 ] ] [ [http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/14.html Andrew Luster, Max Factor heir and convicted rapist - the Crime Library - The Crime library ] ]

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. [ [http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/15.html Andrew Luster, Max Factor heir and convicted rapist - the Crime Library - The Crime library ] ]

Movie

After he vanished, a movie called "" 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.

References

External links

* [http://www.cbsnews.com/stories/2003/01/09/national/main535821.shtml CBS News site, describing the capture of Luster]
* [http://www.imdb.com/title/tt0374600/ A film based on Andrew Luster & his crime.]
* [http://www.nbc10.com/news/9850095/detail.html?rss=phi&psp=news Duane 'Dog' Chapman Arrested At Mexico's Request over the Andrew Luster Apprehension]
* [http://www.msnbc.msn.com/id/17184294/ 'Dog' Loses Extradition Battle in Mexico]
* [http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/1.html The case Luster on crimelibrary.com]
* [http://www.andrewluster.net/ Site organized by Elizabeth Luster, Andrew's Mother]