Judge denies bounty hunter's claim to portion of rapist's forfeited bail
By Tracy Wilson
Los Angeles Times
LOS ANGELES — Saying he cannot condone vigilante justice, a Ventura County judge yesterday refused to award a portion of the $1 million in forfeited bail money to the Hawai'i-based bounty hunter who captured fugitive rapist Andrew Luster in Mexico.
Instead, the judge agreed to reimburse the county Sheriff's Department and district attorney's office $154,000 for trying to apprehend Luster after he fled his trial in January.
Superior Court Judge Edward F. Brodie has not decided how the remainder would be divided but instructed the county Probation Department to determine how much money Luster's three rape victims are entitled to in restitution.
Duane "Dog" Chapman and his supporters abruptly walked out of the courtroom as Brodie issued his ruling. The bounty hunter had sought $250,000 to recover costs and fees related to his Mexican dragnet. But Brodie said Chapman had no standing in the court.
Chapman and two associates face criminal charges in Mexico after grabbing Luster, 39, the great-grandson of cosmetics legend Max Factor, at a taco stand in Puerto Vallarta on June 18.
Brodie cited the pending case in Mexico and Chapman's tactics in his ruling, saying, "To come into this court and ask this court for my stamp of approval is another matter. He went to Mexico and failed to comply with the law ... I cannot condone vigilante justice."
Outside the Ventura courthouse, Chapman, wearing a leather jacket, snakeskin boots and sunglasses, refused to explain why he walked out of court as the judge was speaking.
But he said he respects Brodie's decision, has no regrets about nabbing Luster and plans to continue hunting fugitives — whether he gets paid or not.
"There will be no appeal; there will be no hard feelings," Chapman said, insisting he had been working with law enforcement in tracking Luster. "We did talk to the district attorney before we entered the case and we thought we had his approval."
Beth Smith, Chapman's longtime business partner and companion, said both were "devastated" by the ruling and incredulous that Brodie awarded costs to law enforcement agencies that failed to capture Luster.
Smith dismissed allegations that Chapman was a publicity hound who entered the search seeking fame and fortune.
"He has no movie deals; we have taken no money for the apprehension of Andrew Luster," she said.
Seven months ago Luster jumped bail and fled during a recess in his Ventura County trial. He was convicted in absentia of drugging and raping three women and is now serving a 124-year state prison sentence.
After Luster's capture, attorneys for the bounty hunter, the rape victims and local law enforcement agencies petitioned for a portion of the bail money. Luster and his mother, Elizabeth, objected on the grounds that she put up the bail money and was entitled to get it back.
After reviewing wire transfer records and other documents, the judge ruled that Luster, not his mother, was the depositor.
Under state law, a judge can use bail money to reimburse law enforcement agencies for returning a fugitive to justice. The money can also be used for restitution to victims. Referring to that statute, Brodie found the district attorney's office was entitled to $65,000 and the Sheriff's Department $89,000 in investigative costs. Brodie also reimbursed the Probation Department $9,400 for monitoring Luster while he was under house arrest.
The judge stayed payment pending an anticipated appeal of his ruling. The amount to be awarded to the rape victims, who are suing Luster for unspecified damages, has not been determined. A hearing is set for Oct. 20.
Meanwhile, officials in Puerto Vallarta said yesterday they have not given up on efforts to try Chapman, his son Leland and his brother Timothy on charges of depriving Luster of his liberty when they captured him in June.
"The case is still open," Puerto Vallarta District Attorney Marco Roberto Juarez said.
Times staff writer Daniel Hernandez contributed to this report.
