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SATI e-News: January 27, 2003

     
  

 Max Factor's Great-Grandson Jumps Bail During Trial;
Accused of Drugging Rape Victims with GHB

 
Facing life in prison if convicted, 39 year-old millionaire and Max Factor heir Andrew Luster jumped bail during his criminal trial, and has been declared a fugitive, being pursued nationally and internationally by the FBI. Luster, who was under house arrest at his beach front home when he disappeared on January 3, is facing 87 criminal counts, including rape, sodomy and poisoning, according to the New York Times Times.
 
The case surfaced in 2000 when a college student reported that she had been raped at Luster's home. A search of his residence by authorities uncovered a video depicting Luster's sexual encounters with three women, ages 16 to 21, who appeared to be asleep or unconscious. Luster claimed that the videos were staged, and that they were feigning sleep. The women disputed Luster's claim, testifying that they were unaware they were being taped, according to the New York Times. Luster also said that the women willingly ingested GHB (gamma hydroxybutyrate). GHB has the effect of incapacitating victims, sometimes leaving them with no memory of recent events.
 
Earlier in the trial Luster's lawyers negotiated down the bail from $10 million to $1 million. Luster was on a 12-hour excused absence from his residence at the time of his disappearance, so authorities did not begin to search until he failed to report back. Missing from his home were his dog, green sport utility vehicle, and Indian artifacts collection. The dog was later discovered at the home of his mother, who posted $700,000 of the bail money, according to the New York Times.
 
The New York Times also reports that Luster had negotiated the 12-hour absence to meet with his lawyers in Los Angeles. Luster attorney Roger Jon Diamond disputed that Luster is a fugitive, and he speculated in court that Luster could have been abducted or involved in an accident, according to the BBC News.
 
Authorities told the BBC News that Luster left behind only cold-weather clothes, suggesting he may have fled to a warm climate. Gary Auer, chief investigator for the Ventura County district attorney's office, told the New York Times, "He's gone, he has a lot of money and extensive contacts around the world." "It might take time, but we'll find him, we usually do," Auer concluded. Luster would be traveling without his passport, which he was forced to surrender, leading authorities to believe he may try to leave the country under a false identity.
 
The Ventura county judge decided to proceed with the trial in Luster's absence, and the videotapes found in his home were aired for the jurors. The Sacramento Bee reports that in one video, Luster addressed the camera, while a 17-year-old girl was snoring on a nearby bed: "Some people dream about Christmas, Thanksgiving," he said. "I dream about this. A strawberry blond, beautiful girl passed out on my bed and basically there for me to do with whatever I chose."
 
The defense attempted to buttress its consent defense by claiming that Luster is an aspiring pornography producer, and that the women were acting as part of a script," according to the New York Times. One of the videos that the defense attorney played for the jury shows Tonja Doe having consensual sex with Luster. According to the Ventura Star, Tonja even acknowledges the camera at one point, asking if it is on.
 
Yet earlier in the trial she had stated that she never gave Luster permission to tape their sex. The Ventura Star reports that Tonja Doe's earlier testimony on the stand led Luster to believe he was doomed. Superior Court Judge Ken Riley had initially suppressed this particular videotape, but later reversed his decision, unbeknownst to Luster, who had already fled.
 
Diamond's closing arguments lasted nearly all day on Thursday, January 16, before the jury was adjourned for deliberations. The Ventura Star characterized it as "more like a comedy routine, with jurors laughing at the attorney's charm." Diamond tried to garner the jury's sympathy by pointing out that "we lost our funding" since the defendant fled, again getting laughs, according to the Star.
 
The Star further reports that Senior Deputy district Attorney Maeve Fox called luster "a disgusting pig" who doesn't care about anyone but himself, including the jury. By fleeing, "Mr. Luster . . . has basically given you the finger," Fox stated.
 
The jury of five men and seven women deliberated for a full day on Friday before recessing for the long holiday weekend, according to the Los Angeles Times. They will resume deliberations on Tuesday, January 21.
 
Sources:
 

"Luster jurors in weekend recess," Los Angeles Times, January 18, 2003.
 
"Luster's lawyer spends day summing up; Women's tales attacked, deliberations next," The Ventura Star, January 17, 2003.
 
"Cosmetics heir's lawyer says women knew they were taking drug," Sacramento Bee, January 16, 2003.
 
"Cosmetics heir is missing as his rape trial proceeds," New York Times, January 8, 2003.
 
"Global hunt for Max Factor 'fugitive,'" BBC News, January 8, 2003.
     
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