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Convicted rapist Luster can't appeal, court rules
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More from Other NewsIn a one-page order issued Tuesday, the 2nd District Court of Appeal, 6th Division, in Ventura dismissed the Max Factor heir's appeal.
His attorney, Roger Diamond of Los Angeles, had filed an appeal in April. The state Attorney General's Office then filed a motion to dismiss the appeal in May, saying Luster had no such rights because he was a fugitive.
The appellate justices agreed with Deputy Attorney General Joseph Lee and dismissed the appeal.
Despite the setback, Diamond is expected to appeal the decision to the California Supreme Court. He did not return phone calls Wednesday seeking comment.
There also apparently is a window for Luster to appeal if he returns to Ventura County, based on a recent court decision. But it wasn't clear if that would apply to this case, Lee said.
"That's an issue for another day, if and when Mr. Luster is caught," he said.
A jury found Luster, 39, guilty of 86 criminal counts in connection with the rapes of three women inside his Mussel Shoals home. He drugged all three women and videotaped two of the rapes of the unconscious women.
He fled his trial during a Christmas break and remains on the loose. In February, a judge sentenced him to 124 years in prison.
Defendants typically have 60 days to appeal the outcome of a case. Diamond filed his appeal before the deadline, but Tuesday's order dismissed it.
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