Post by Saint on Aug 5, 2003 16:56:20 GMT -5
Dog' won't get Luster bail funds, judge rules
By Tamara Koehler, tkoehler@insidevc.com
August 5, 2003
The bounty hunter who snagged convicted rapist Andrew Luster in Mexico will not get a dime from the cosmetic heir's $1 million bail, a judge ruled today.
Ventura County Superior Court Judge Edward Brodie also found that Luster -- not his mother -- put up the bail, a ruling that clears the way for his victims to lay claim to the money through civil lawsuits.
Brodie also awarded the county more than $150,000 for law enforcement efforts to find Luster after he fled during the middle of his trial in January. The amount reflects efforts made by the Probation Agency, Sheriff's Department and District Attorney's Office to locate Luster up until late March, said Deputy County Counsel William Waters.
Waters could not say why the county costs of finding Luster ended in March. Chapman found Luster in Mexico in June. The FBI also was working on the case.
Under Brodie's ruling, the Probation Agency will receive $9,419 for its labors and the cost of an electronic ankle monitoring device attached to Luster that was never returned.
The Sheriff's Department will receive $89,033 for the labors of five detectives and costs such as monitoring cell phones and towing Luster's abandoned car.
The District Attorney's Office will receive $65,520 for investigation costs related to Luster's disappearance.
Attorneys for three of Luster's victims also sought a piece of the $1 million bail, but Brodie said the law caps victim restitution in criminal cases to a total of $10,000. He ordered the victims to meet with Probation Agency officials for restitution options.
Brodie, however, stayed his rulings for 60 days to allow the parties to appeal.
Brodie said bounty hunter Duane "Dog" Chapman was not entitled to a portion of the bail money because he acted on his own, not as a legally authorized bail recovery agent.
Chapman had asked for $350,000.
"As this money was put up by Andrew Luster and his mother, I think it's highly unlikely they would enter an agreement with Mr. Chapman to go after Mr. Luster," Brodie said.
The law requires bounty hunters to have a formal agreement with the bail bond agent or law enforcement, have a clean criminal record, and follow local laws when they go after fleeing felons.
In Luster's case, Mexican authorities arrested Chapman and his cohorts after they caught Luster outside a bar in Puerto Vallarta, Mexico.
Chapman's attorney, Robert Sanger, said Chapman was cleared of any felony charges and only faces misdemeanor immigration charges at this point.
By Tamara Koehler, tkoehler@insidevc.com
August 5, 2003
The bounty hunter who snagged convicted rapist Andrew Luster in Mexico will not get a dime from the cosmetic heir's $1 million bail, a judge ruled today.
Ventura County Superior Court Judge Edward Brodie also found that Luster -- not his mother -- put up the bail, a ruling that clears the way for his victims to lay claim to the money through civil lawsuits.
Brodie also awarded the county more than $150,000 for law enforcement efforts to find Luster after he fled during the middle of his trial in January. The amount reflects efforts made by the Probation Agency, Sheriff's Department and District Attorney's Office to locate Luster up until late March, said Deputy County Counsel William Waters.
Waters could not say why the county costs of finding Luster ended in March. Chapman found Luster in Mexico in June. The FBI also was working on the case.
Under Brodie's ruling, the Probation Agency will receive $9,419 for its labors and the cost of an electronic ankle monitoring device attached to Luster that was never returned.
The Sheriff's Department will receive $89,033 for the labors of five detectives and costs such as monitoring cell phones and towing Luster's abandoned car.
The District Attorney's Office will receive $65,520 for investigation costs related to Luster's disappearance.
Attorneys for three of Luster's victims also sought a piece of the $1 million bail, but Brodie said the law caps victim restitution in criminal cases to a total of $10,000. He ordered the victims to meet with Probation Agency officials for restitution options.
Brodie, however, stayed his rulings for 60 days to allow the parties to appeal.
Brodie said bounty hunter Duane "Dog" Chapman was not entitled to a portion of the bail money because he acted on his own, not as a legally authorized bail recovery agent.
Chapman had asked for $350,000.
"As this money was put up by Andrew Luster and his mother, I think it's highly unlikely they would enter an agreement with Mr. Chapman to go after Mr. Luster," Brodie said.
The law requires bounty hunters to have a formal agreement with the bail bond agent or law enforcement, have a clean criminal record, and follow local laws when they go after fleeing felons.
In Luster's case, Mexican authorities arrested Chapman and his cohorts after they caught Luster outside a bar in Puerto Vallarta, Mexico.
Chapman's attorney, Robert Sanger, said Chapman was cleared of any felony charges and only faces misdemeanor immigration charges at this point.
