Andrew Luster
Encyclopedia
Andrew Stuart Luster 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 travel
ed and surfed
at various beaches. He was convicted of a series of rape
s in 2003.
'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.
, 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.
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
.
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.
Max Factor, Sr.
Max Factor , born Maksymilian Faktorowicz, was a successful Polish-Jewish businessman, cosmetician, chemist, wigmaker...
and an heir to the Max Factor
Max Factor
Max Factor & Company is a cosmetics company, founded during 1909 by Maksymilian Faktorowicz , Max Factor, a Polish-Jewish cosmetician. Max Factor & Company was a related, two-family, multi-generational international cosmetics company before its sale in 1973 for $500 million dollars...
cosmetics
Cosmetics
Cosmetics are substances used to enhance the appearance or odor of the human body. Cosmetics include skin-care creams, lotions, powders, perfumes, lipsticks, fingernail and toe nail polish, eye and facial makeup, towelettes, permanent waves, colored contact lenses, hair colors, hair sprays and...
fortune. He grew up in Malibu, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and attended Windward School
Windward School
Windward School is an independent school in the Mar Vista neighborhood of Los Angeles, California, accredited by the Western Association of Schools and Colleges. It was founded by writer/teacher Shirley Windward in 1971...
in Santa Monica
Santa Mônica
Santa Mônica is a town and municipality in the state of Paraná in the Southern Region of Brazil.-References:...
. Luster had been supported by a $3.1 million trust fund as he travel
Travel
Travel is the movement of people or objects between relatively distant geographical locations. 'Travel' can also include relatively short stays between successive movements.-Etymology:...
ed and surfed
Surfing
Surfing' is a surface water sport in which the surfer rides a surfboard on the crest and face of a wave which is carrying the surfer towards the shore...
at various beaches. He was convicted of a series of rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
s in 2003.
Early life
Andrew Luster is the son of Henry Luster, a psychiatrist, and Elizebeth Luster (née Shore). His mother was the adopted daughter of Max FactorMax Factor
Max Factor & Company is a cosmetics company, founded during 1909 by Maksymilian Faktorowicz , Max Factor, a Polish-Jewish cosmetician. Max Factor & Company was a related, two-family, multi-generational international cosmetics company before its sale in 1973 for $500 million dollars...
'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.
Arrest and conviction
In 1996, 1997 and 2000, Luster was accused of giving three women GHBGamma-Hydroxybutyric acid
γ-Hydroxybutyric acid , also known as 4-hydroxybutanoic acid and sodium oxybate when used for medicinal purposes, is a naturally occurring substance found in the central nervous system, wine, beef, small citrus fruits, and almost all animals in small amounts. It is also categorized as an illegal...
, a date rape drug
Date rape drug
A date rape drug is any drug that can be used to assist in the execution of a sexual assault, such as date rape. Drugs used to facilitate rape may have sedative, hypnotic, dissociative, and/or amnesiac effects, and can be added to a food or drink without the victim's knowledge.The act of adding...
, 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
In absentia
In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
.
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
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
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
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
and oral copulation
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
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
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
refused the appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
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
Puerto Vallarta
Puerto Vallarta is a Mexican balneario resort city situated on the Pacific Ocean's Bahía de Banderas.The 2010 census reported Puerto Vallarta's population as 255,725 making it the sixth-largest city in the state of Jalisco...
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
where he lived under the assumed name David Carrera, surfing and partying. He was captured by bounty hunter
Bounty hunter
A bounty hunter captures fugitives for a monetary reward . Other names, mainly used in the United States, include bail enforcement agent and fugitive recovery agent.-Laws in the U.S.:...
Duane "Dog" Chapman
Duane Chapman
Duane Lee "Dog" Chapman, Sr. is an American bounty hunter and a former bail bondsman. He stars in Dog the Bounty Hunter, a weekly reality television program which is broadcast on the A&E Network , FOX8 and GO! , OLN and A&E Network , MAX and RTL II .Chapman claims he has made more than 6,000...
, his son Leland Chapman
Leland Chapman
Leland Blaine Chapman is an American bail bondsman and bounty hunter, boxer, kick boxer, extreme boxing and mixed martial arts fighter most noted for his role on A&E TV's Dog the Bounty Hunter, in which he, along with his father Duane "Dog" Chapman and various friends and family track down and...
, 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.
Prison sentence and civil suits
Luster is currently serving his 124-year prison sentence in Mule Creek State PrisonMule Creek State Prison
Mule Creek State Prison is a California State Prison. It was opened in June 1987 and covers located in Ione, California. The current population is 3,769 although it was designed for a capacity of 1,700. The prison has a staff of 1,242 and an annual operating budget of $157 million...
in Ione, California
Ione, California
Ione is a city in Amador County, California, United States. The population was 7,918 at the 2010 census, up from 7,129 at the 2000 census. Once known as "Bed-Bug" and "Freeze Out," Ione was an important supply center on the main road to the Mother Lode and Southern Mines during the California Gold...
. 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
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
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
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
.
Personal life
Luster has two children with ex-girlfriend Valerie Balderama: a son, Connor, born June 19, 1991 and daughter, Quinn, born in 1994.Media portrayals
After he vanished, a movie called A Date with Darkness: The Trial and Capture of Andrew LusterA Date with Darkness: The Trial and Capture of Andrew Luster
A Date with Darkness: The Trial and Capture of Andrew Luster is an American made-for-TV movie which first aired in 2003, based on a true story about criminal Andrew Luster.-Plot:...
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
True crime
True crime is a non-fiction literary and film genre in which the author examines an actual crime and details the actions of real people.The crimes most commonly include murder, but true crime works have also touched on other legal cases. Depending on the writer, true crime can adhere strictly to...
TV Series Dominick Dunne's Power, Privilege, and Justice
Dominick Dunne's Power, Privilege, and Justice
Dominick Dunne's Power, Privilege, and Justice was an American crime TV series that examined real-life cases of crime, passion, and greed involving privileged or famous people. The episodes were shown on truTV and on Star TV in Canada as well as Zone Reality in Europe and Bio. in Australia. The...
aired an episode on the case.
External links
- CBS News site, describing the capture of Luster
- A film based on Andrew Luster & his crime.
- Duane 'Dog' Chapman Arrested At Mexico's Request over the Andrew Luster Apprehension
- 'Dog' Loses Extradition Battle in Mexico
- The case Luster on crimelibrary.com
- Site organized by Elizabeth Luster, Andrew's Mother