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...if not for fear of the government men would swallow each other alive. Rabi Hanina ben Dosa |
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 Windward School in Santa Monica. Luster had been supported by a $3.1 million trust fund as he traveled and surfed at various beaches. He was convicted of a series of rapes in 2003.
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Andrew Luster is the son of Henry Luster, a psychiatrist, and Elizebeth Luster (née Shore). His mother was the adopted daughter of Max Factor's daughter Freida. He grew up in great privilege and he attended private academies. His parents divorced when he was a child and his father died of lung cancer when he was nine years old, which devastated him.
In 1996, 1997 and 2000, Luster was accused of giving three women GHB, a 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 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.
The California Court of Appeal refused the appeal his attorneys filed on his behalf, 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.
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.
Luster is currently serving his 124-year prison sentence in Mule Creek State Prison in Ione, California. Under California law, since 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 he serves 105 years, all but assuring that he will die in prison.
In late 2009, Luster filed a petition for habeas corpus as the final possibility of getting his case reviewed by another court on appeal.
Two of the victims won civil lawsuits against Luster, who was ordered to pay a total of $40 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.
Luster has two children with ex-girlfriend Valerie Balderama: a son, Connor, born June 19, 1991 and daughter, Quinn, born in 1994.
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 28, 2009 the true crime TV Series Dominick Dunne's Power, Privilege, and Justice aired an episode on the case.
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