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Luster's lawyer presses appeal of conviction

State justices tell Roger Diamond to take case back to lower court

LOS ANGELES -- Convicted rapist and Max Factor cosmetics heir Andrew Luster might appeal his 124-year sentence by arguing that authorities committed multiple errors in the course of the case, his attorney said Friday.

Defense attorney Roger Diamond has yet to speak with his client, who was returned to U.S. custody Thursday after being on the run for five months.

Luster was found in the Mexican resort city of Puerto Vallarta by a group of American bounty hunters and arrested by Mexican police.

"I believe he has about 25 or 30 legal grounds to argue his trial was not fair, and ask for a retrial," Diamond said. "If you have an unfair trial, the appellate court will reverse it."

Diamond filed a request Friday in Los Angeles asking the state Supreme Court to consider whether Luster can appeal his conviction in absentia on 86 criminal counts in connection with the rapes of three women inside his Mussel Shoals home.

The court rejected the request, saying the matter remains the responsibility of the Court of Appeal.

Jurors found that Luster had drugged all three women and videotaped two of the rapes of the unconscious women. Diamond said Friday his client was unjustly convicted, and repeated Luster's defense that the sex was consensual.

An attorney for one of the victims, who all have civil litigation pending against Luster, said his defense is contemptible.

"They were all given drugs by him and unbeknownst by them," attorney Barry Novack said. "My client was a 17-year-old minor ... that's statutory rape."

Ventura County prosecutors said Luster took three women to his beachside home between 1996 and 2000 and raped them after giving them the drug GHB, known as a "date-rape" drug.

A search of his home after his arrest found videotapes of Luster having sex with women who appeared to be either asleep or unconscious. In one tape played in court, Luster is seen on camera having sex with a woman and saying "That's exactly what I like in my room: A passed-out, beautiful girl."

Diamond said the legality of the search is one possible issue for the appeal, suggesting investigators had no basis to include videotapes on the warrant request because their initial informant, one of the victims, did not know she had been taped.

"The videotapes revealed the two other women who had allegedly been raped," Diamond said. "I believe the tapes should have been suppressed by the trial judge."

Luster fled his trial during a Christmas break, jumping the $1 million bail put up by his family. Jurors him found guilty in January, and in February, Ventura County Superior Court Judge Ken Riley sentenced him to 124 years in state prison.

Diamond filed an appeal after the sentencing, but the state Court of Appeal ruled June 10 against considering the appeal. The appellate court justices said Luster had forfeited his right to an appeal because he became a fugitive.

Luster's return to the United States this week allowed his defense team to meet a deadline for seeking the appeal, Diamond said. Luster is being held at Wasco State Prison, near Bakersfield.

The state Attorney General's Office will oppose any appeal of Luster's convictions, officials said.

"The Supreme Court justices have rejected it for filing because the Court of Appeal still has jurisdiction," Deputy Attorney General Joseph Lee said. "I assume he (Diamond) will be filing something in the Court of Appeal, but it is our position that Luster has forfeited his right to appeal."

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