Andrew Luster, heir to the Max Factor cosmetics fortune and convicted rapist, is set to be released from prison after serving only half of his 50-year sentence.
This early release has ignited controversy surrounding a 2016 law change championed by Vice President Kamala Harris during her tenure as California's Attorney General. According to Daily Mail Online, the law reclassified certain crimes, including Luster's, as "non-violent," making him eligible for early parole.
Luster, now 60, was originally convicted in 2003 on 86 counts of drugging and raping unconscious women. His case gained notoriety when he fled to Mexico during his trial, only to be captured by reality TV star Dog the Bounty Hunter.
Initially sentenced to 124 years, Luster's term was reduced to 50 years on appeal in 2013. However, the recent parole decision means he could walk free from Valley State Prison in Chowchilla, California, as early as December 2024.
One of Luster's victims, Tonja Balden, has come forward to express her concerns about his impending release. Balden, who was 23 when she was drugged and raped by Luster in 1996, fears that he may reoffend upon release. She shared her harrowing experience of discovering her assault years later through video evidence.
Balden stated:
I'm afraid that when he is released he may continue the same crimes. He just turned 60. That's not very old. It is so psychopathic to set up this type of thing where you find a woman, drug her, and then she's an unconscious body and to do all of these things to her while you're videotaping it. That is a real sadistic way of thinking that I don't know if that can be fixed.
The victim's testimony underscores the lasting trauma inflicted by Luster's crimes and raises questions about the wisdom of his early release.
At the heart of the controversy is Proposition 57, a criminal law amendment authored by Kamala Harris during her time as California's Attorney General. The proposition was designed to reduce prison overcrowding by allowing automatic parole for offenders deemed non-violent after serving half their sentence.
However, critics argue that the law's broad definition of "non-violent" crimes inadvertently included serious offenses like rape of an unconscious person.
This loophole has now enabled Luster's early release, despite assurances from both Harris and then-Governor Jerry Brown that it would not apply to sex offenders.
In response to the unintended consequences of Proposition 57, California State Senator Marie Alvarado-Gil has introduced a new bill, SB268. This legislation aims to reclassify the rape of an unconscious person as a violent crime, which would remove the possibility of early release for such offenders.
Balden has thrown her support behind the bill, urging Governor Gavin Newsom to sign it into law. She believes that this change is crucial to ensure that dangerous criminals remain incarcerated and to prevent similar situations in the future.
The case of Andrew Luster has reignited debates about criminal justice reform and the classification of violent crimes. It highlights the need for careful consideration of legal definitions and their real-world implications. As Luster prepares for his release, victims and advocates continue to push for changes that would prevent similar outcomes in the future. The controversy surrounding his case serves as a reminder of the complex challenges facing the criminal justice system and the ongoing efforts to balance reform with public safety.
