Judge to Resentence Factor Heir Who Got 124 Years

slimvictor

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"Darkness cannot be dissipated with more darkness.
A California judge who threw out the 124-year prison term of an heir to the Max Factor fortune convicted of drugging and raping three women will hear arguments Monday on a new sentence for Andrew Luster.

Attorneys for the 49-year-old Luster, who has been in prison for a decade, said they will ask for Ventura County Superior Court Judge Kathryne Ann Stoltz to give him a sentence of 25 years or less.

Luster's lawyers Jay Leiderman and J. David Nick said in court documents filed last month that Luster is not a sexual predator and has had a "stellar performance" in prison, the Ventura County Star reported.

Prosecutors argued in a sentencing memorandum filed last week that Luster's sentence was appropriate, but the original court's reasoning needed to be explained.

cont at
http://abcnews.go.com/US/wireStory/judge-resentence-factor-heir-124-years-18965639#.UW0Dx79K7SE
 
As reprehensible as rape is; I do feel that it is still imperative to consider the entire circumstance of the offense and to consider the possibility that the offender may be rehabilitated at some point. I.e. If the offender had an untreated mental illness or was a heavy substance abuser at the time of the offense (I tbh have no idea if this applies in this case) than it could be worth considering how those factors may have affected the offender and contributed to the offense itself. In these case, I think the offender should be considered for release after a serious, but not endless period in prison, provided they have actively and fully participated in treatment programs, have been stable for several years, and otherwise have improved their mental state along with showing understanding for how their actions caused significant pain and suffering to the victims and seem like they are not inclined to do such acts again.
 
I guess the original article that was posted has been updated on the same link -

An heir to the Max Factor fortune who was convicted of drugging and raping three women was resentenced Tuesday to a reduced 50-year term by a judge who earlier threw out an original sentence of 124 years.

Andrew Luster, 49, who has been in prison for a decade, was resentenced by Superior Court Judge Kathryne Ann Stoltz, the Ventura County Star reported ( http://bit.ly/11mOeji ).

Luster cried in the courtroom and said he was "incredibly grateful" for the resentencing.

"I did some really stupid things without thinking. It's caused so much damage to so many people," Luster said. "There is more to me than this salacious and lurid story."

Under the new sentence, he'll be eligible for parole in 15 years, prosecutors said.

The defense had sought a sentence of 25 years or less.

Luster was arrested in 2000 and charged with giving three women the drug GHB and raping them at his beachfront home while they were unconscious.

He jumped his $1 million bond and fled while on trial in early 2003.

He was convicted that year of 86 felony counts while a fugitive. He was captured the same year in Mexico by reality TV bounty hunter Duane "Dog" Chapman, who was in the courtroom for Tuesday's resentencing.
 
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