Andrew Luster’s Prison Sentence Reduced
A legal misstep has resulted in the reduction of Andrew Luster’s original 124-year prison sentence, now set at 50 years. This shift could lead to the release of the convicted serial rapist after spending nearly two decades in prison, according to his former attorney.
J. David Nick, who represented Luster in his appeal process, mentioned that the initial judge incorrectly imposed consecutive prison terms without adhering to the required findings under California law. This error led to Luster’s original sentence being overturned in March 2013, followed by a resentencing to 50 years the next month, while his convictions remained unchanged.
Luster was sentenced on February 18, 2003, by Judge Ken W. Riley of Ventura County Superior Court. The original sentence consisted of 20 consecutive six-year terms for rape, plus a four-year term, totaling 124 years.
Nick pointed out that California law permits judges to issue consecutive sentences for specific sex offenses, but this requires the right justifications. After a review, Judge Kathryne Ann Stoltz moved to grant Luster a new sentencing hearing in March 2013, as the initial court had not sufficiently explained its decision regarding those consecutive terms.
In January 2003, Luster, a great-grandson of cosmetics pioneer Max Factor, was found guilty of 86 felony counts, which included drugging and sexually assaulting three women. During the resentencing on April 16, 2013, Stoltz modified the sentence, mixing consecutive and concurrent terms and ultimately slashing the prison time to 50 years.
Interestingly, a letter from one of Luster’s victims, who had previously been in a relationship with him, reportedly influenced the judge. She expressed that despite the gravity of his actions, she believed he had redeeming qualities and requested leniency. Nick paraphrased her sentiments, emphasizing that there was no approval of his actions but rather a plea based on character considerations.
This request seemed to impact the judge’s decision, likely granting Luster a lighter sentence than he might have received otherwise. The DA’s office expressed their determination to uphold the original sentence and opposed the reduction, asserting that the crimes warranted the harshest punishment.
On October 11, 2023, Luster was released under parole supervision after serving his adjusted prison term. The California Department of Corrections and Rehabilitation clarified that this was not an early release but was simply in line with legal guidelines, allowing for credits from good conduct and other participations in prison programs.
Furthermore, while Luster is no longer incarcerated, he is obligated to register as a sex offender for life and will be under parole supervision for the next three years, during which time he is prohibited from contacting his victims.
Nicholas noted that Luster reached out shortly after his release but has not been in touch since. He emphasized that, despite the severity of Luster’s crimes, he didn’t perceive him as intrinsically dangerous. This perspective seems to contrast sharply with the public outcry regarding his release and the implications for community safety in his new residence in Glendora, California.
