House Arrest Conditions Eased for Alleged Rapist

Earlier this week, accused rapist Andrew Luster urged a court to release him from house arrest at his oceanfront home in Mussel Shoals.

For two years, his lawyers argued, an electronic monitoring device has confined Luster to the modest beach house. He can’t surf. He can’t visit his two children in Los Angeles. And he can’t meet with his attorneys at a law office in Santa Monica.

“He is stuck in his house 24 hours a day,” attorney Roger Jon Diamond argued. “It’s a nightmare.”

One Luster should awaken from soon.

On Friday, Ventura County Superior Court Judge Ken Riley agreed to modify the terms of Luster’s house arrest to allow him to roam freely between 11 a.m. and 6 p.m.

The 38-year-old defendant, whose trial begins next month, must remained confined to his home the rest of the time. Court appearances are an exception.

The great-grandson of cosmetics magnate Max Factor, Luster was arrested two years ago on suspicion of using a date rape drug, gamma hydroxybutyrate, or GHB, to sedate women and sexually assault them at his beach house.

During a search of the home, detectives found videotapes that allegedly depict Luster engaging in sex acts with unconscious women. He is charged with rape, sodomy, oral copulation, drug possession and poisoning. If convicted on all counts, he could face up to 150 years in prison.

Bail has been a frequent dispute in the case. After his arrest in July 2000, Luster was jailed in lieu of an unprecedented $10-million bond after prosecutors portrayed him as a flight risk with deep assets and foreign contacts.

An appellate court later lowered bail to $1 million and ordered house arrest with specified conditions. Presiding Superior Court Judge Bruce Clark was appointed as the appellate court referee to resolve any disputes.

Two months ago, Luster asked Clark to eliminate the house arrest and reduce bail -- a request opposed by prosecutors.

Clark deferred the matter to the appellate court, which in turn ordered it resolved by the trial court.

On Tuesday, the bail request landed before Riley, who will preside over Luster’s trial.

Deputy Dist. Atty. Anthony Wold urged the judge to keep Luster’s bail and house arrest in place, arguing the defendant remains a flight risk and a danger to the community.

“The man is a serial rapist,” Wold argued.

Riley took the matter under consideration and issued a written ruling Friday. While modifying the terms of the house arrest, the judge refused to lower Luster’s bail. Other terms remain in effect. Luster must continue to submit to random drug tests and searches of his property. He is forbidden from contacting the alleged rape victims.

And his passport remains in the custody of the county sheriff.