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Hearing scheduled in Andrew Luster’s appeal of rape sentence

An attorney for convicted rapist Andrew Luster, an heir to the Max Factor cosmetics empire, said a hearing is scheduled for Dec. 17 to set dates and times when legal motions surrounding Luster’s appellate court issues will be heard.

Attorney Jay Leiderman said Monday that Luster raised 20 legal issues in his appeal, including whether he was denied effective assistance of counsel at his trial and whether the judge used a proper method to calculate Luster’s prison sentence in 2003.

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Leiderman said Luster, 48, was offered a favorable plea bargain deal of six to 16 years in prison but that his lawyer didn’t give him proper legal advice on the offer.

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Andrew Luster

Jay Leiderman, unhappy that he only was able to reduce Andrew Luster’s sentence by 74 years, leaves the courthouse. Luster’s new sentence will be served at 50% time so he will be released when he is 62 as opposed to his release date before Leiderman got the sentence reduced. His original release would have come when Luster was 99 years old.

 

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Ventura County Superior Court Judge Ken Riley, now retired, sentenced Luster to 124 years in prison. On June 19, 2003, Luster, who is Factor’s great-grandson, was caught at a taco stand in Puerto Vallarta, Mexico, by bounty hunter Duane “Dog” Chapman.

http://www.vcstar.com/news/2012/dec/10/hearing-scheduled-in-andrew-lusters-appeal-of/ 

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23 Comments

  • SENTENCING says:

    U.S. Sentencing Commission
    U.S. Sentencing Commission is a valuable resource for anyone who practices criminal law. Highlights are the complete text of the Sentencing Guidelines Manual, and a library of the commission’s research and reports on such matters as mandatory sentencing and drug policies.
    URL: http://www.ussc.gov/

  • Luster is a rapist says:

    Andrew Luster is a scumbag and deserves to die in prison.

  • “In the Jailhouse Now,” Jimmie Rodgers (1928)
    This is a series of lighthearted vignettes about ne’er-do-wells getting locked away for gambling and over-the-top partying. In 1955, Webb Pierce‘s version of the song stayed No. 1 on the country chart for 21 weeks. Following the success of “Jailhouse,” Rodgers wrote and recorded a follow-up tune, “In the Jailhouse Now No. 2.” Alas, it did not improve on the original or vary significantly from it.
    4 Elements of Successful Reentry Programs for Inmates
    http://www.socialsolutions.com/blog/4-elements-of-successful-reentry-programs-for-inmates/

  • Dog says:

    “Read it and eat it, turkey crowed it
    Down de levee, candy coated
    Read it and eat it, candy coated down
    If you miss jail sentence, it’s your own damn fault”

    ACLU: Prisoners’ Rights – American Civil Liberties Union
    https://www.aclu.org/issues/prisoners-rights

  • Reva73 says:

    “Perfect, Tender”
    So tender your instrument,
    And I tender mine…
    “Perfect, Tender” is a love poem grounded in — what else? — the Uniform Commercial Code (UCC). Helpfully footnoted for your wooing pleasure.

    Big business looks hither,
    Whether merging for life,
    Or dealing more briefly:
    “Fifty widgets, tonight.”

    Though their tears come as filings –
    Through dividends, glee –
    Corporations are people, too.
    Need love? UCC!

    Age-old disagreements,
    Foibles, troubles and pain
    Are here laid out cleanly,
    Solved, numbered and plain.

    From involving third parties,1
    To morning-after remorse,2
    All once-taboo subjects3
    Now par for the course.

    1 – See generally, U.C.C. §§ 9-401 et seq.
    2 – § 2-513. Buyer’s Right to Inspection of Goods.
    3 – e.g., infidelity. See § 2-614. Substituted Performance.

    New lovers can bargain4
    Perhaps do a deal,5
    And if either should breach,6
    Their remedies are real.7

    4 – § 3-202. Negotiation Subject to Rescission.
    5 – § 2-204. Formation in General.
    6 – § 3-502. Dishonor.
    7 – § 9-625. Remedies for Secured Party’s Failure to Comply With Article.

    My past contracts have crumbled,
    Though I did not breach,8
    I had accepted those goods,
    Without assurance from each.9

    8 – § 2-610. Anticipatory Repudiation.
    9 – § 2-609. Right to Adequate Assurance of Performance.

    Now older and wiser,
    Perhaps overdue,10
    I turn to the Code,
    And use it on you.

    10 – § 3-304. Overdue Instrument.

    But how shall I take you,
    As a sale11 or a lease?12
    Nay! A security interest,13
    Brings domestic peace.

    11 – See generally U.C.C. Article 2.
    12 – See generally U.C.C. Article 2A.
    13 – See generally U.C.C. Article 9.

    Perfect by attachment,14
    Or just by control,15
    Accept by performance16
    With dirty parol.17

    14 – § 9-309. Security Interest Perfected Upon Attachment.
    15 – § 9-314. Perfection by Control.
    16 – § 2-206. Offer and Acceptance in Formation of Contract.
    17 – § 2-202. Final Written Expression: Parol or Extrinsic Evidence.

    So tender your instrument,
    And I tender mine,
    Tender is perfect;18
    Satisfaction, divine.19

    18 – § 2-601. Buyer’s Rights on Improper Delivery.
    19 – § 3-311. Accord and Satisfaction by Use of Instrument.

    If this Code governs business
    For the “too big to fail”
    Why not let it help you,
    Find love, or some tail?20

    20 – Fee tail.
    Uniform Commercial Code – Legal Information Institute
    https://www.law.cornell.edu/ucc

  • 98Maurine says:

    The cold neutrality of an impartial judge.
    Burke—Preface to Brissot’s Address. Vol. V. P. 67.

  • gsa says:

    But, she said, in a March 1998 incident on State Street in Santa Barbara, two women said Luster was harassing them, and they left a nightclub and went to their van, according to prosecutors. Luster followed them, pushed one against the van and pressed his body against hers, the judge said. The woman got a bouncer to help, and later, one of the women’s credit cards was found in Luster’s house, the judge said.

    “He felt you were fair game if you were a young lady on State Street,” the judge said.

  • Jackie Myles says:

    Contois said the victims, who did not attend the hearing, have had emotional and psychological problems including nightmares and severe stress.

    Stoltz said one of the things that caught her interest was a misdemeanor conviction against Luster for receiving stolen goods. The judge said a friend of Luster’s wrote a letter that described him as a “perfect gentleman with the ladies.”

  • global says:

    I have read a few just right stuff here. Definitely price
    bookmarking for revisiting. I wonder how so much effort you put to create this kind of
    wonderful informative site.

  • woody says:

    She said Luster believes his problems were caused by the victims’ accusations and he is the victim. Contois said Luster was a predator whose actions were “cruel, vicious and callous.” He put his victims’ lives in danger by drugging them so he could rape them while they were unconscious, she said.

  • produs says:

    Contois had argued in court that, by law, the sentences for each count should be served consecutively because Luster had an opportunity to stop the sexual assaults but chose not to do so.

  • 95Dannielle says:

    “He loves me and I love him even though he’s made mistakes in the past,” Quinn Luster said, crying.

  • vancouver says:

    Luster’s children told the judge what it is like growing up without a father.

  • Burner says:

    Elizabeth Luster told the judge her son has handled “this nightmare” in the most “incredible and unbelievable manner.” She said he is a decent, honest and kindhearted person who has helped many people.

  • fat says:

    “I did some really stupid things without thinking. It’s caused so much damage to so many people,” he said. “There is more to me than this salacious and lurid story that’s been put out there.”

  • loser says:

    As bailiffs escorted him from the courtroom, Luster appeared stunned. He looked at his mother, Elizabeth Luster, and his two adult children, Connor and Quinn, who sat in the front row of the packed courtroom.

    Luster, who wept in the courtroom, told the judge that he was “incredibly grateful” for considering lowering his sentence and promised that he would never act “recklessly and irresponsible” again..

  • Lipson says:

    An appeals court ordered the evidentiary hearing after Luster’s lawyer, Jay Leiderman, were granted a writ of habeas corpus, which requires a defendant to be brought before a judge to determine whether he or she is being held lawfully.

    Leiderman said Stoltz’s sentence is “not good enough for us.” The lawyers plan to appeal the 50-year sentence and also ask the appeals court to grant Luster a new trial.

    “The battle continues for us,” Leiderman said.

  • Lipo Light says:

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  • loss says:

    Earlier in the hearing, Luster’s lawyer Jay Leiderman told the judge that Luster deserved a sentence of 25 years or less.

    In an interview, Leiderman said he is grateful that the judge lowered the sentence to the point that Luster knows he will get out of prison at some time in his life.

    He said Luster would never have been released from prison had he not been granted an evidentiary hearing.

  • johannesburg says:

    The judge said she sentenced Luster to 48 years for the sexual assaults and two years on the drug-related charges.

    Outside the courtroom, Contois said 50 years is a substantial sentence but prosecutors were asking for 124 years.

    The longer sentence “would have been justified in this case,” she said.

  • KYH says:

    Andrew Luster was sentenced Tuesday to 50 years in prison for drugging and raping three women in his Mussel Shoals home north of Ventura more than a decade ago.

    Judge Kathryne Ann Stoltz handed down the reduced sentence in Ventura County Superior Court. Prosecutor Michelle Contois said Luster, who has been in prison since 2003, will be eligible for parole in 15 years.

    The sentence is the second for Luster, 49, an heir to the Max Factor cosmetics fortune. Stoltz vacated the original sentence of 124 years last month after an evidentiary hearing.

  • affiliate says:

    I give you Andrew Luster, multimillionaire Max Factor heir, whose mother

    Her son not only drugged and raped a string of women, but made videotapes of his crimes.

    On the tapes, Luster can be seen sodomizing unconscious women with lighted marijuana cigarettes, candles and plastic swords, and then talking into the camera about the unconscious women lying on his bed. The tapes were carefully labeled with titles like “Shauna GHBing,” referring to gamma-hydroxybutyric acid, known as a date-rape drug.

    Luster was cataloging video evidence of his own criminal acts — and yet he thought he could get away with it.

    He almost did, too, fleeing the country during his 2003 trial. He was caught and is now serving 124 years in prison, having been convicted, in absentia, of 86 crimes, including 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.

  • global says:

    Luster, who lived alone in Mussel Shoals, was arrested outside his home on July 18, 2000, after a UC Santa Barbara student told police he had raped her there.

    During a search of the house, Ventura County Sheriff’s Department detectives found the videotapes in a locked bedroom closet.

    Authorities also seized cocaine and other drugs, as well as weapons. Luster was charged with multiple counts of rape based on the university student’s report and the two videotapes. He was initially held on $10-million bail after prosecutors persuaded a judge that he was a flight risk.

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