Andrew Luster
{{short description|American rapist}}
{{for|the professor of medicine|Andrew D. Luster}}{{confuse|Andrew Lester}}
{{Use mdy dates|date=April 2025}}
{{Infobox criminal
| name = Andrew Luster
| image_name = Andrew Luster mugshot.jpg
| birth_name = Andrew Stuart Luster
| birth_date = {{Birth date and age|mf=yes|1963|12|15}}
| birth_place = Las Vegas, Nevada, U.S.
| alias =
| charge = Rape, sodomy, oral copulation, unlawful flight to avoid prosecution
| conviction = January 22, 2003 (in absentia; captured June 18, 2003)
| conviction_penalty = 50 years (before appeal, 124 years), $1 million fine
| conviction_status = Incarcerated at Valley State Prison
| occupation =
| spouse =
| children = 2
| relatives = Max Factor Sr. (great-grandfather)
| alt = Mug shot of Luster on a white background, with a sign on his chest
| caption = Mug shot of Luster in 2003
}}
Andrew Stuart Luster (born December 15, 1963) is an American convicted sex offender and the heir to the Max Factor cosmetics fortune.{{cite news|last=Weiner|first=Tim|date=June 19, 2003|title=Fugitive and Heir to Cosmetics Fortune Is Captured in Mexico|newspaper=The New York Times|url=https://www.nytimes.com/2003/06/19/us/fugitive-and-heir-to-cosmetics-fortune-is-captured-in-mexico.html|access-date=January 25, 2018|archiveurl=https://web.archive.org/web/20221014045631/https://www.nytimes.com/2003/06/19/us/fugitive-and-heir-to-cosmetics-fortune-is-captured-in-mexico.html|archive-date=October 14, 2022}} He is the great-grandson of cosmetics giant Max Factor Sr. In 2003, he was convicted of multiple sexual assaults using the date-rape drug GHB.
Early life
Andrew Luster is the son of Henry Luster, a psychiatrist, and Elizabeth Luster (née Shore). His mother was the adopted daughter of Max Factor, Sr.'s daughter Freda. He grew up in Malibu, California,{{cite web|url=https://www.babble.com/celebrity/andrew-luster-the-convicted-max-factor-heir-where-is-he-now/|title=ANDREW LUSTER: THE CONVICTED MAX FACTOR HEIR – WHERE IS HE NOW?|website=www.babble.com|access-date=January 4, 2018|archiveurl=https://web.archive.org/web/20180104073302/https://www.babble.com/celebrity/andrew-luster-the-convicted-max-factor-heir-where-is-he-now/|archive-date=January 4, 2018}} and attended Windward School in Los Angeles.{{cite news|url=https://www.latimes.com/archives/la-xpm-2002-dec-01-tm-daterape48-story.html|title=The Thin Blurred Line|work=Los Angeles Times|access-date=July 28, 2015|first=Mary A.|last=Fischer|date=December 1, 2002|url-status=live|archive-url=https://web.archive.org/web/20230425181628/https://www.latimes.com/archives/la-xpm-2002-dec-01-tm-daterape48-story.html|archive-date=April 25, 2023}}
After graduating, Luster moved to Mussel Shoals, California, living on a $1 million trust fund and living in a $600,000 cottage on the beach. According to the Los Angeles Times, this move and Luster's "freewheeling lifestyle" weakened his "already tenuous" ties to the Factor family, which was heavily involved in the arts and philanthropy.
Sexual assault charges and conviction
In 2000, Luster was arrested when a student at a local college told police that she had been raped at Luster's home. Upon investigation, police charged Luster with drugging three women with the date-rape drug GHB, sexually assaulting them, and video-taping the assaults, having found videotapes of the assaults when they searched his home.{{cite news| url=https://www.nytimes.com/2003/01/08/us/cosmetics-heir-is-missing-as-his-rape-trial-proceeds.html | work=The New York Times | first=Charlie | last=Leduff | title=Cosmetics Heir Is Missing As His Rape Trial Proceeds | date=January 8, 2003|archiveurl=https://web.archive.org/web/20230425061003/https://www.nytimes.com/2003/01/08/us/cosmetics-heir-is-missing-as-his-rape-trial-proceeds.html|archive-date=April 25, 2023}} After paying $1 million bail, Luster failed to appear in court to defend himself against the charges in January 2003. Luster was convicted in absentia and sentenced to 124 years in prison.{{cite web|url=https://www.theguardian.com/world/2003/oct/04/2|title=Max Factor heir to pay damages|work=the Guardian|date=October 4, 2003|access-date=July 28, 2015|archiveurl=https://web.archive.org/web/20231010152907/https://www.theguardian.com/world/2003/oct/04/2|archive-date=October 10, 2023}}
Luster's legal case earned major attention due to his family's wealth, and in January 2003, the FBI issued a warrant for Unlawful Flight to Avoid Prosecution.[https://archive.org/download/gov.uscourts.cacd.458518/gov.uscourts.cacd.458518.9.0.pdf In Re Grand Jury Transcripts in The Matter of the Investigation of Andrew Luster's Flight to Avoid Prosecution] In June 2003, he was captured by American bounty hunter Duane "Dog" Chapman in Puerto Vallarta, Mexico. Both Luster and Chapman were subsequently arrested by Mexican police.{{cite web|url=http://www.nbc10.com/news/9850095/detail.html |title=NBC10.com - Local News - Report: Rice May Decide 'Dog Chapman' Case |date=November 9, 2006 |access-date=June 23, 2017 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20061109011356/http://www.nbc10.com/news/9850095/detail.html |archive-date=November 9, 2006 }}{{cite web|url=https://www.cbsnews.com/news/luster-hunter-cant-cash-in/|title=Luster Hunter Can't Cash In|website=cbsnews.com|date=January 9, 2003 |access-date=June 23, 2017|url-status=live|archive-url=https://web.archive.org/web/20070510154051/http://www.cbsnews.com/stories/2003/01/09/national/main535821.shtml|archive-date=May 10, 2007}}{{cite web|url=http://www.today.com/id/17184294|title='Dog' the Bounty Hunter loses extradition battle|date=February 16, 2007|website=Today.com|access-date=June 23, 2017|archive-date=August 2, 2017|archive-url=https://web.archive.org/web/20170802041814/http://www.today.com/id/17184294|url-status=dead}}{{cite web|url=http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/1.html |title=Andrew Luster — A Night Out — Crime Library |date=February 10, 2015 |access-date=June 23, 2017 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20150210000550/http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/1.html |archive-date=February 10, 2015 }} Luster was handed over to American authorities. Chapman's felony kidnapping charge was reduced to a misdemeanor, and he fled Mexico when he was released on bail. Chapman later wrote that he believed his actions in Mexico were legal due to working closely with a Mexican police officer while in that nation, but the American judge in Luster's case refused to grant Chapman any reward or bond. Chapman also explained that during his pursuit of Luster, he consulted with "a forensic expert who specialized in sex crimes" who believed Luster's preference for raping unconscious, passive victims indicated a necrophile tendency that might lead to murder.{{cite book|first1=Duane "Dog"|last1=Chapman|first2=Laura|last2=Morton|title=You Can Run But You Can't Hide|publisher=Hyperion Books|location=New York City|date=2007}}
The California Court of Appeal refused Luster's appeal, citing that Luster had been a fugitive. Longstanding precedent holds that fugitives flout the court's authority, and thus forfeit their right to appeal. The California Supreme Court and the United States Supreme Court later refused to overturn this ruling.{{cite web |url=http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=0&doc_id=276365 |archive-url=https://archive.today/20120707092026/http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=0&doc_id=276365 |url-status=dead |archive-date=July 7, 2012 |title=California Courts Appellate Courts; Docket (Register of Actions) |publisher=Appellatecases.courtinfo.ca.gov |access-date=September 28, 2013 }}{{Cite web |url=https://www.supremecourt.gov/docketfiles/03-854.htm |title=Docket for 03-854 |access-date=December 30, 2023 |archive-date=December 16, 2023 |archive-url=https://ghostarchive.org/archive/20231216161224/https://www.supremecourt.gov/docketfiles/03-854.htm |url-status=bot: unknown }}December 11, 2003[http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/luster/caluster62003agmot.pdf Record of the] Motion to Dismiss Appeal at FindLaw
Prison sentence and civil suits
Luster is currently incarcerated at Valley State Prison in Chowchilla, California. Under California law, since his crimes harmed other persons, he is required to serve at least 85% of his sentence before becoming eligible for release with time off for good behavior. Had his original sentence stood, Luster would not have even been considered for release until he served 105 years—effectively a life sentence.
In late 2009, Luster filed a petition for habeas corpus as the final possibility of having his case reviewed by another court on appeal.{{cite web|first=Raul|last=Hernandez|url=http://www.vcstar.com/news/2009/nov/12/luster-petitions-court-to-free-him|title=Luster petitions court to free him|newspaper=Ventura County Star|date=November 12, 2009|archiveurl=https://web.archive.org/web/20100109021121/http://www.vcstar.com/news/2009/nov/12/luster-petitions-court-to-free-him|archive-date= January 9, 2010}} Luster was represented in that suit by Jay Leiderman and J. David Nick. The habeas corpus petition was granted in April 2012.{{cite web|url=http://www.vcstar.com/news/2012/dec/10/hearing-scheduled-in-andrew-lusters-appeal-of/ |title=Hearing scheduled in Andrew Luster's appeal of rape sentence|publisher=Vcstar.com |access-date=September 28, 2013|date=December 10, 2012|last=Hernandez|first=Raul|archiveurl=https://web.archive.org/web/20131006072312/http://www.vcstar.com/news/2012/dec/10/hearing-scheduled-in-andrew-lusters-appeal-of/|archive-date=October 6, 2013}} On March 11, 2013, the Ventura County Superior Court vacated Luster's 124-year sentence but not his conviction, based on the trial judge's failure to state specific reasons for imposing consecutive sentences, and ordered a new sentencing hearing April 4, 2013.{{cite news|first=Steve|last=Chawkins|url=http://latimesblogs.latimes.com/lanow/2013/03/andrew-luster-granted-new-sentencing-hearing.html |title=Convicted rapist Andrew Luster's 124-year sentence vacated |newspaper=Los Angeles Times|location=Los Angeles, California|date=March 11, 2013|access-date=September 28, 2013|archiveurl=https://web.archive.org/web/20230428170544/https://www.latimes.com/archives/blogs/la-now/story/2013-03-11/convicted-rapist-andrew-lusters-124-year-sentence-vacated|archive-date=April 28, 2023}}
On April 16, 2013, Ventura County Superior Court Judge Kathryne Stoltz reduced Luster's sentence to 50 years—48 years for the rapes and two years for the drug-related charges. Luster's lawyers have indicated there will be an appeal.{{cite news|url=https://apnews.com/59c1eb0a5ce941da9ea47176a3a94797|title=Max Factor heir resentenced to 50 years in rapes|date=April 16, 2013|work=AP News|access-date=December 16, 2023|archiveurl=https://web.archive.org/web/20231216170310/https://apnews.com/59c1eb0a5ce941da9ea47176a3a94797|archive-date=December 16, 2023}}
In 2016, opponents of California Proposition 57 released a brochure that stated that Luster could be released early due to the lack of clarity for what defines "violent crimes." In response to this brochure, California Governor Jerry Brown told Fresno County sheriff Margaret Mims that Luster was originally sentenced to 100 years in prison and was a registered sex offender, "and on both accounts would not be getting out." Brown's administration later clarified that since Luster would have to register as a sex offender, he would not be eligible for parole even if Proposition 57 passed.{{cite web|url=http://www.sandiegouniontribune.com/sdut-gov-jerry-brown-chews-out-sheriff-voicemail-2016aug26-htmlstory.html|title=Jerry Brown chews out sheriff in voicemail over Prop. 57|first=Luis|last=Gomez|date=August 26, 2016|newspaper=San Diego Tribune|access-date=June 23, 2017|archiveurl=https://web.archive.org/web/20230423061117/http://www.sandiegouniontribune.com/sdut-gov-jerry-brown-chews-out-sheriff-voicemail-2016aug26-htmlstory.html|archive-date=April 23, 2023}}
Two of the victims won civil lawsuits against Luster, who was ordered to pay a total of $40 million. Luster subsequently sold most of his property and declared bankruptcy.{{cite web|last=Krajicek |first=David |url=http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/15.html |title=Andrew Luster, Max Factor heir and convicted rapist |work=The Crime Library |publisher=Turner Broadcasting Systems|location=Atlanta, Georgia|access-date=September 28, 2013|url-status=dead |archive-url=https://web.archive.org/web/20081011113837/http://www.crimelibrary.com/criminal_mind/sexual_assault/andrew_luster/15.html |archive-date=October 11, 2008 }}
Media portrayals
After Luster fled the United States, a movie based on his crimes, A Date with Darkness: The Trial and Capture of Andrew Luster was produced with the intention of aiding in his capture by ending with a photo of him, and a request for witnesses to his whereabouts to notify authorities. Because the film was in production when Luster was captured, 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 in Season 3, Episode 4, "Evil Deeds".
On August 31, 2017, Investigation Discovery aired the first episode of Guilty Rich, which recounted the story of Andrew Luster's crimes, arrest, flight, and ultimate conviction and incarceration.
The case was also profiled in the sixth episode of the 15th season of Evil Lives Here.
Luster's crimes and subsequent trial were featured in a true crime story written by James Patterson with Max Dilallo titled "Murder of Innocence" published by Grand Central Publishing in 2020.
References
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{{authority control}}
Category:21st-century American criminals
Category:American people convicted of rape
Category:American people convicted of sodomy
Category:Criminals from Nevada
Category:Drug-facilitated sexual assault
Category:People convicted in absentia
Category:People extradited from Mexico to the United States
Category:People from the Las Vegas Valley