Max Factor heir's former lawyer details judge's error that wiped out 124-year rape sentence
A legal error led to Max Factor heir Andrew Luster's 124-year prison sentence being thrown out and replaced with a 50-year term, setting the stage for the convicted serial rapist's release after roughly two decades behind bars, his former attorney told Fox News Digital.
In an interview Tuesday, J. David Nick, who represented Luster during his efforts to overturn the sentence, said the original judge improperly stacked prison terms without making the findings required under California law.
The error led to Luster's original sentence being thrown out in March 2013. He was resentenced to 50 years the following month, while his convictions remained intact.
CONVICTED SERIAL RAPIST ORIGINALLY SENTENCED TO 124 YEARS WALKS FREE AFTER 20, SPARKING OUTRAGE
Court records reviewed by Fox News Digital show that Luster was originally sentenced on Feb. 18, 2003, by Ventura County Superior Court Judge Ken W. Riley.
The sentence included 20 consecutive six-year prison terms for rape convictions, along with a four-year term, totaling 124 years.
Nick explained that California law allows judges to impose consecutive sentences for certain sex offenses but requires specific findings to justify those terms.
Ventura County Superior Court Judge Kathryne Ann Stoltz granted Luster a new sentencing hearing in March 2013 after finding that the original court failed to adequately explain its reasons for imposing consecutive sentences.
HARVEY WEINSTEIN SENTENCED TO 15 YEARS IN PRISON FOR 2006 SEX CRIME IN NEW YORK
Luster, the great-grandson of cosmetics mogul Max Factor, was convicted in January 2003 of 86 felony counts involving the drugging and sexual assault of three women.
At his April 16, 2013, resentencing, Stoltz imposed a combination of consecutive, concurrent and stayed sentences, reducing his prison term to 50 years.
Court records show several rape counts received lower three-year terms rather than the six-year terms imposed during the original sentencing.
JERRY SANDUSKY GRANTED NEW EVIDENTIARY HEARING AFTER ACCUSER RECANTS TESTIMONY
Nick said one of Luster's victims, who had previously been in a relationship with him, submitted a letter asking the judge to show leniency.
The attorney explained that the woman had maintained a long-term relationship with Luster and still believed he had redeeming qualities, despite the crimes committed against her.
CLICK HERE FOR MORE FROM THE FOX TRUE CRIME HUB
Nick paraphrased the woman's message to the judge, saying, "This is really gross what he did, but I think the guy's got some good character and you should be lenient on him."
"She did not approve of what he had done to her," Nick added.
The attorney said the request influenced the judge's decision to impose a lighter sentence on certain counts, estimating that Luster could have received 60 to 65 years in prison without it.
Court records show several defense exhibits were submitted ahead of the resentencing, including one the judge ordered redacted to protect a victim's identity. The docket does not establish whether that exhibit contains the letter Nick described.
Fox News Digital has requested the redacted exhibit and additional sentencing records from Ventura County Superior Court.
CALIFORNIA SUED OVER POLICY THAT COULD FREE SERIAL KILLERS AS LACI PETERSON'S FRIEND SOUNDS ALARM
The Ventura County District Attorney's Office, meanwhile, said prosecutors fought to preserve Luster's original sentence and opposed the reduction.
"Our office fought at every opportunity to preserve Andrew Luster's original 124-year prison sentence," the office said in a statement obtained by Fox News Digital. "We believed then, as we do now, that drugging women, raping them, and gloating about the crimes on film requires the strongest of sentences."
Prosecutors said they also joined Luster's victims in successfully opposing his early parole in 2024 and 2025.
"However, because of the 2013 resentencing, we knew that this day would ultimately arrive," the DA's office said. "Luster reached his maximum confinement date in October 2026."
FOLLOW THE FOX TRUE CRIME TEAM ON X
The California Department of Corrections and Rehabilitation confirmed to Fox News Digital that Luster was released to parole supervision Oct. 11 after completing his legally calculated prison term.
"This is not an early release," CDCR public information officer Kyle Buis said in a statement.
The agency said Luster received 977 days of pre-sentence credit and was eligible to earn additional credits through good conduct, work and participation in prison programs.
CDCR explained that people serving fixed prison sentences can be denied discretionary parole but must still be released once they complete their legally calculated terms, including applicable credits.
FOLLOW THE FOX TRUE CRIME TEAM ON X
Nick also challenged criticism of Proposition 57, a California ballot measure approved by voters in 2016 that expanded parole consideration and prison credits for certain offenders.
He argued that longstanding California sentencing-credit rules already allowed people convicted of certain offenses, including rape by intoxication, to earn credits toward their prison terms.
"He got a couple years off with Prop 57," Nick said, estimating that the measure shortened Luster's time behind bars by about two years.
The Ventura County DA's office also pointed to a 2025 change in California law that now classifies drug-facilitated sexual assaults as violent felonies, requiring offenders to serve a greater portion of their prison sentences.
Prosecutors said the change came too late to affect Luster's sentence.
Although Luster is no longer incarcerated, he must register as a sex offender for life, will remain under parole supervision for three years and is prohibited from contacting his victims, the DA's office said.
SIGN UP TO GET THE LATEST TRUE CRIME NEWS
Nick also revealed that Luster called him from prison around the time of his release.
"He called me like the day he got out to tell me he was getting out," Nick said, adding that Luster wanted to tell him it would be his last call from prison.
Nick said he has not heard from Luster since.
Although Nick acknowledged the seriousness of Luster's crimes, he defended his former client's character, saying he never considered him dangerous.
LISTEN TO THE NEW 'CRIME & JUSTICE WITH DONNA ROTUNNO' PODCAST
"I've known this person, and I've known a lot of serious criminals in my life too. A lot of violent criminals, a lot of deranged criminals," Nick said.
"I've taken court-appointed cases in San Francisco where, you know, you get more of the street kind of element, and I can tell a dangerous criminal when I see one," he continued. "My own personal opinion is I never found him to be dangerous. I found him to have done something that was crass and that he needed to pay a price."
Luster's release has sparked criticism from officials in Glendora, California, where he is reportedly residing, with local leaders raising concerns about public safety.