Latest / Crime Stories with Nancy Grace / Sex, Lies, Video: Max Factor Makeup Heir Walks Free After 86 Sex Attacks
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- 0:00Speaker 1: Sex Lies Video. Tonight, the Max Factor makeup heir walks free,
- 0:09Speaker 1: walks free, and living in a residential area after 86 known,
- 0:18Speaker 1: 86 known violent sex attacks. Good evening. I'm Nancy Grace.
- 0:25Speaker 1: This is Crime Stories. I want to thank you for
- 0:28Speaker 1: being with us.
- 0:35Speaker 2: Andrew Stewart Luster, the Max Factor cosmetics heir, convicted of
- 0:40Speaker 2: drugging and sexually assaulting multiple women in the 90s. Luster
- 0:43Speaker 2: drugs women with GHB, sexually assaults them at his Muscle
- 0:47Speaker 2: Shoals beach house, and videotapes the attacks. Now, Luster is out.
- 0:52Speaker 3: I mean, they're in a coma. They're snoring. They're lifeless.
- 0:55Speaker 3: He has to pick up and reposition their limbs. And
- 1:01Speaker 3: Not only does he sexually assault these women with no
- 1:05Speaker 3: obvious signs of remorse, it's a stunning portrayal of a
- 1:09Speaker 3: sexual predator live on tape.
- 1:12Speaker 4: I'd heard about the tapes. I wanted to watch them.
- 1:15Speaker 1: I did watch them.
- 1:17Speaker 4: And as soon as I watched them, I knew no
- 1:20Speaker 4: defense attorney could ever beat this case because the evidence
- 1:26Speaker 4: was absolutely sickeningly overwhelming.
- 1:31Speaker 1: That from my longtime friend, Dominic Dunn's Power, Privilege, and
- 1:34Speaker 1: Justice from KCLU and from the 101 podcast. Who is
- 1:41Speaker 1: Andrew Luster? He is a multimillionaire cosmetic heir.
- 1:46Speaker 5: No job.
- 1:48Speaker 1: He lived off his trust fund. He liked to go surfing.
- 1:54Speaker 5: Oh, wait.
- 1:55Speaker 1: He did have one job, as I recall.
- 2:00Speaker 6: He had a production company called Deep Six Films, which
- 2:04Speaker 6: was soft porn, soft porn films.
- 2:07Speaker 7: His most famous one was Waves and Babes, which was
- 2:11Speaker 7: a surf video combined with girls frolicking down the beach
- 2:17Speaker 7: in their bikinis.
- 2:18Speaker 1: That's from Discovery's Guilty Rich. I'm sure you saw his name,
- 2:22Speaker 1: Andrew Luster, as the executive producer of that film. Forget
- 2:27Speaker 1: about that. Forget about the soft porn. He is walking
- 2:32Speaker 1: free tonight after 86 known violent sex offenses.
- 2:38Speaker 8: I just remember looking up at his ceiling and that
- 2:40Speaker 8: is the last thing that I remember. And the next
- 2:44Speaker 8: thing that I remember, it.
- 2:47Speaker 1: Was morning.
- 2:48Speaker 8: And I open my eyes and I'm in a room
- 2:51Speaker 8: that was unfamiliar to me.
- 2:53Speaker 9: I'm in a bed.
- 2:55Speaker 8: I have all my clothes on, even my pantyhose are
- 2:58Speaker 8: still on.
- 2:59Speaker 1: So everything was intact.
- 3:01Speaker 8: If he hadn't have recorded his crimes, nobody would know
- 3:07Speaker 8: what he's done. Even though it's kind of a blessing
- 3:12Speaker 8: in a way that I don't remember, to find out
- 3:15Speaker 8: about it years later, it doesn't really lessen the blow.
- 3:19Speaker 1: How many sex assault victims have I represented It changes
- 3:26Speaker 1: the rest of their lives. They go on, of course,
- 3:30Speaker 1: they soldier on, but they're never the same. It's never
- 3:34Speaker 1: the same. That world is over. And you can never
- 3:38Speaker 1: go back as much as you want to, to the
- 3:41Speaker 1: way your life was before it was shattered by violent crime.
- 3:47Speaker 1: That's from Discovery's Evil Lives Here. And that was attack victim,
- 3:53Speaker 1: Tonya Baldwin speaking. With me, an all-star panel to make
- 3:58Speaker 1: sense of what we know tonight. Why is this guy
- 4:01Speaker 1: walking free? How has this happened? And I'm sure the
- 4:05Speaker 1: good people of Glendora, California had no idea he's living
- 4:10Speaker 1: right down the street. Again, with me, an all-star panel.
- 4:14Speaker 1: But first, I want to go to a very special
- 4:17Speaker 1: guest joining us. It's Barbara Kelly Hicks. Very often when
- 4:22Speaker 1: Sex attack victims do not want their name or their
- 4:25Speaker 1: likeness out there, and we honor that. Somehow, with almost
- 4:31Speaker 1: every sex attack victim I've ever represented, they somehow think
- 4:36Speaker 1: it's their fault. And Barbara is speaking out with her
- 4:41Speaker 1: real name and her likeness tonight. Barbara, thank you for
- 4:46Speaker 1: being with us.
- 4:47Speaker 9: Thank you for having me.
- 4:51Speaker 1: You know, I hate when people ask me about my
- 4:55Speaker 1: fiance's murder if I'm not prepared for it. It just
- 4:59Speaker 1: like is like cold water in my face. I don't
- 5:02Speaker 1: know why. I'm not a shrink. But I know it's
- 5:06Speaker 1: difficult to recount what happened. But I want other victims
- 5:12Speaker 1: out there to see you and hear you. So please
- 5:16Speaker 1: tell us about what happened with the defendant now walking free.
- 5:21Speaker 1: Andrew Luster.
- 5:25Speaker 10: Well, um, I was set up on a date with
- 5:28Speaker 10: Andrew Luster by, um, his neighbor, a nurse that I
- 5:31Speaker 10: worked with in Santa Barbara. He kept telling her he
- 5:35Speaker 10: wanted to meet a Barbie doll with brains. Um, so
- 5:40Speaker 10: she had a Halloween party and I went down and
- 5:43Speaker 10: helped her set it up. And he came by and
- 5:46Speaker 10: we both got to see each other and he looked
- 5:48Speaker 10: really cute. Um, Then during the party, he came down
- 5:53Speaker 10: and he asked if I wanted to see his house.
- 5:56Speaker 10: And we went back and he made me a drink.
- 6:01Speaker 9: And then.
- 6:03Speaker 10: The rest are just clippets of memories that I have.
- 6:07Speaker 10: I remember a hot tub getting in with my shoes on,
- 6:09Speaker 10: not understanding. He put me on the phone with a
- 6:14Speaker 10: friend named Mike. And he kept saying, Mike, I found
- 6:17Speaker 10: the one. which I never understood in my mind. I
- 6:21Speaker 10: thought he was, he found the girl of his dreams
- 6:25Speaker 10: or something. And then I have a memory of a
- 6:29Speaker 10: shower and falling and trying to understand what happened to me.
- 6:34Speaker 9: And then I woke up the next morning and that
- 6:38Speaker 9: was it.
- 6:39Speaker 1: You remember getting into his hot tub with your shoes on?
- 6:48Speaker 9: And I couldn't understand.
- 6:48Speaker 1: So obviously at that time you were already out of it.
- 6:52Speaker 9: Yeah, very much.
- 6:55Speaker 1: Do you remember anything about the sex attack?
- 6:59Speaker 9: Not anything. I remember nothing. But I know whatever it was,
- 7:04Speaker 9: it was heinous.
- 7:05Speaker 1: The next morning when you walked to your car, did
- 7:08Speaker 1: you go to the bathroom first? Did you notice whether
- 7:10Speaker 1: your clothes were on correctly?
- 7:14Speaker 10: I honestly don't remember. The only thing I remember is
- 7:17Speaker 10: I had the most incredible headache and I didn't understand
- 7:21Speaker 10: why because I didn't drink much. It was my first
- 7:23Speaker 10: work party. So it was your first work party with
- 7:29Speaker 10: the hospital.
- 7:30Speaker 1: I was at. What were you doing at the hospital?
- 7:33Speaker 9: I worked as a scrub in the OR.
- 7:36Speaker 1: When did you learn you had been sex attacked?
- 7:39Speaker 10: It kind of comes in pieces that when I was
- 7:42Speaker 10: called to come down and bring a picture of myself,
- 7:44Speaker 10: when they found my number in his book, but nothing
- 7:49Speaker 10: was really said. And then next thing I know, I
- 7:52Speaker 10: was subpoenaed as a witness. And then I started putting
- 7:56Speaker 10: the pieces of the puzzle together.
- 7:58Speaker 1: When did you finally, as you say, put the pieces
- 8:03Speaker 1: of the puzzle together? What did you learn about what
- 8:07Speaker 1: happened to you?
- 8:10Speaker 10: The reality is I only found out the, everything is
- 8:14Speaker 10: when Tanya Baldwin and I met in, um, May of 24,
- 8:18Speaker 10: we met and then we met for coffee and compared
- 8:23Speaker 10: stories and mine were exactly the same. And I even
- 8:27Speaker 10: had more memories of certain things than she did regarding
- 8:31Speaker 10: this guy, Mike.
- 8:32Speaker 9: And that's when the severity.
- 8:34Speaker 10: Really, really came to me of what happened to me. I,
- 8:38Speaker 10: you know, the torture, um, Whatever he did was horrible,
- 8:44Speaker 10: and I got.
- 8:45Speaker 9: Very sick afterwards and had 14 eye surgeries.
- 8:49Speaker 1: You had Graves' disease, don't you?
- 8:52Speaker 11: Correct.
- 8:54Speaker 9: Correct.
- 8:59Speaker 1: All of the survivors that you know of know he
- 9:02Speaker 1: has walked free. Is that correct?
- 9:06Speaker 9: As far as I know, yes, ma'am.
- 9:11Speaker 1: What did you think when you learned Luster is free?
- 9:18Speaker 10: I was horrified, angry, but I was glad I left
- 9:24Speaker 10: the state so I would never have to be in
- 9:26Speaker 10: that state again and worry.
- 9:29Speaker 1: I remember, Barbara, I had been on air at Court TV.
- 9:33Speaker 1: I came off the air. I went to my office.
- 9:36Speaker 1: I sat down at my desk. I clicked email. The
- 9:39Speaker 1: first email, the the subject said, Nancy, is there a
- 9:44Speaker 1: viewer that I would, you know, write back and forth?
- 9:49Speaker 1: Did you know your fiance's killer is free? I had
- 9:53Speaker 1: no idea. And I remember I sat there and I
- 9:57Speaker 1: looked out the window at 3rd Avenue and traffic was
- 10:00Speaker 1: whizzing by and it felt like completely surreal I can't
- 10:05Speaker 1: really even describe it but when you learn Luster is
- 10:10Speaker 1: free he's not gonna be free he is free I
- 10:15Speaker 1: mean it had to hit you like a ton of bricks.
- 10:20Speaker 9: It opened up a lot of wounds, fear, anger.
- 10:27Speaker 1: What do you mean by that?
- 10:32Speaker 9: You kind of relive it.
- 10:34Speaker 10: You relive the helplessness. You relive the betrayal from the
- 10:41Speaker 10: court system. You relive the pain in trying to put
- 10:49Speaker 10: your life back together.
- 10:53Speaker 1: You know, Barbara, after representing so many child molestation victims
- 10:59Speaker 1: and sex attack victims, it's not always the physical component
- 11:06Speaker 1: of the attack because you heal. You heal physically. It's
- 11:11Speaker 1: that feeling of hopelessness that never really goes away. How
- 11:23Speaker 1: has this changed your life, Barbara?
- 11:28Speaker 10: If you add about five hours, um, it traumatized me. I,
- 11:38Speaker 10: it changed my life in ways I never understood. Um,
- 11:41Speaker 10: the dynamics of our family was horrible. I didn't know
- 11:45Speaker 10: I had PTSD from being raped and I had a
- 11:50Speaker 10: lot of rage and anger and screaming.
- 11:52Speaker 9: Um, I moved.
- 11:56Speaker 10: I didn't feel protected by the state of California, so
- 11:58Speaker 10: I moved out of state. And we're starting our lives over.
- 12:03Speaker 10: It's very challenging to look for work. But I knew
- 12:09Speaker 10: mentally I wouldn't be strong enough to live in a
- 12:11Speaker 10: state where he is free.
- 12:14Speaker 1: You know, when you say rage and anger, I get
- 12:18Speaker 1: asked that all the time. Why don't you smile? Why
- 12:20Speaker 1: are you so angry? I don't know why. I can't
- 12:23Speaker 1: explain it. But I'm wondering if this whole chapter for
- 12:29Speaker 1: you is going to kick off a whole new series
- 12:36Speaker 1: of anger, feelings, hopelessness, helplessness. I'm worried about that for you.
- 12:43Speaker 10: Well, I'm working real hard, Nancy, on healing. And my
- 12:50Speaker 10: whole goal is to become an advocate to help others.
- 12:56Speaker 10: and let them know rape and trauma isn't a life
- 12:59Speaker 10: sentence and you can recover from it. I work hard
- 13:05Speaker 10: really every day to be a better wife.
- 13:08Speaker 9: And a mother.
- 13:10Speaker 10: It is challenging because it's brought up so many old emotions,
- 13:14Speaker 10: but I believe in myself and my strength and I'm
- 13:19Speaker 10: choosing not to live in fear.
- 13:24Speaker 9: But I am angry.
- 13:24Speaker 1: I believe in your strength, too. The fact that you
- 13:27Speaker 1: are speaking tonight openly, you have no idea how many
- 13:32Speaker 1: sex attack victims. And beyond that, violent crime victims, whether
- 13:37Speaker 1: it be a sex attack, an aggravated assault, you're speaking
- 13:42Speaker 1: to them tonight. And they are hearing you, Barbara. I
- 13:47Speaker 1: want to go straight out to Rachel Bowman joining us.
- 13:50Speaker 1: She's a U.S. senior news reporter with Daily Mail. What
- 13:54Speaker 1: in the H-E-double-L? Why is Luster out?
- 14:00Speaker 12: The California Department of Corrections noted that this is a full,
- 14:04Speaker 12: proper release. And they cited laws such as Proposition 57,
- 14:09Speaker 12: which allowed certain offenders to gain credit for time served.
- 14:14Speaker 12: So this is a full, proper release. He was sentenced
- 14:17Speaker 12: to 50 years. Initially, it was 124. But a judge
- 14:21Speaker 12: overturned that in 2013 and gave him 50 years, and
- 14:24Speaker 12: then he earned credit for this release.
- 14:30Speaker 1: Joining us tonight is a very special guest with fixed
- 14:33Speaker 1: opinions regarding the release of serial sex attacker and multimillionaire
- 14:40Speaker 1: makeup heir, Andrew Luster. It is Mayor of Glendora, California,
- 14:46Speaker 1: David Friedendahl. Mayor, thank you for being with us tonight.
- 14:51Speaker 13: Thank you very much for this opportunity.
- 14:56Speaker 1: Well, the honor is all mine because I have read
- 15:00Speaker 1: about your opinions regarding Luster walking free. First of all,
- 15:06Speaker 1: how do you think that makes violent sex assault victims
- 15:11Speaker 1: feel to see him walking down the street?
- 15:13Speaker 13: Well, it's certainly not going to give them any comfort
- 15:17Speaker 13: level at all, and they're going to feel that, as
- 15:21Speaker 13: many of us in California do anymore, that crime has
- 15:26Speaker 13: no consequences.
- 15:27Speaker 1: You know, I'm looking at Luster right now. I've also
- 15:31Speaker 1: looked into his employment history. You know, when most people
- 15:35Speaker 1: get out of prison, they have to have a plan.
- 15:38Speaker 1: They submit a plan where they're going to live, where
- 15:41Speaker 1: they're going to work, how they're going to get through
- 15:44Speaker 1: in life so they don't re-offend or fall back in
- 15:47Speaker 1: their own ways, which recidivism is highly likely. Statistically, I've
- 15:52Speaker 1: always got hope, Mayor. I've always got hope that someone
- 15:55Speaker 1: will seek a new life. But the recidivism rates are overwhelming.
- 16:00Speaker 1: And when you are a violent sex attacker... There's something
- 16:05Speaker 1: in your genes. I truly believe this. That's who you are.
- 16:09Speaker 1: It's in your DNA. And I fear he's going to re-offend.
- 16:13Speaker 1: But what I was saying there is he's going to
- 16:16Speaker 1: be walking up and down your sidewalks. And if you
- 16:20Speaker 1: look at a horse when you don't know what a
- 16:21Speaker 1: horse is going to do, look at his track record.
- 16:24Speaker 1: Never had a traditional job. Lived off his trust fund,
- 16:29Speaker 1: multi-million dollar trust fund. Never. He dropped out of college
- 16:33Speaker 1: before getting a degree. He spent most of his time surfing. So, again,
- 16:39Speaker 1: if you don't know what someone's going to do, you
- 16:42Speaker 1: look at what they've already done. What do you think
- 16:45Speaker 1: about him milling around on the corner in your town
- 16:50Speaker 1: of Glendora?
- 16:52Speaker 13: Well, our largest concern is the fact that Not so
- 16:58Speaker 13: much who the celebrity is of this, but rather the
- 17:01Speaker 13: whole issue of released sex offenders and the system not
- 17:07Speaker 13: alerting the neighborhood. So we're not sure. And we would
- 17:12Speaker 13: hope the recidivism doesn't return and that it doesn't reoccur.
- 17:17Speaker 13: But how do we know? And the neighborhood around it
- 17:20Speaker 13: is very alarmed and certainly going to say, why us?
- 17:25Speaker 13: And frankly, we ask those similar questions. Why us? And
- 17:30Speaker 13: the fact that it's a celebrity just enhances it. However,
- 17:33Speaker 13: it could be any released sex offender or violent crime
- 17:38Speaker 13: committer into a theoretically quiet neighborhood. And certainly without having
- 17:46Speaker 13: any notice of it, it's quite alarming.
- 17:49Speaker 1: To which neighborhood, Mayor, is he going?
- 17:54Speaker 13: Well, we have 19 square miles, 10 square miles of
- 17:59Speaker 13: it habitable because nine of it are enjoying the national
- 18:03Speaker 13: forest to our north. But the neighborhood is very typical
- 18:08Speaker 13: of all neighborhoods in Glendora, and it's peaceful and residential.
- 18:13Speaker 13: It looks nice. It's neither impressive or unimpressive. It's a
- 18:19Speaker 13: very typical Glendora neighborhood.
- 18:21Speaker 1: I've been through Glendora. And, you know, compared to where
- 18:25Speaker 1: I came from, it's very upscale. It's lovely. Regardless of
- 18:31Speaker 1: the price of the houses, who wants a convicted sex
- 18:35Speaker 1: offender living down the street from your little girls or
- 18:39Speaker 1: your teen girl? Oh, you know what? I'm going to
- 18:42Speaker 1: have to correct myself, Mayor, because Luster did have one
- 18:48Speaker 1: job that I know of.
- 18:50Speaker 6: He had a production company called Deep Six Films, which
- 18:54Speaker 6: was soft porn, soft porn films.
- 18:58Speaker 7: His most famous one was Waves and Babes, which was
- 19:01Speaker 7: a surf video combined with girls frolicking down the beach
- 19:07Speaker 7: in their bikinis.
- 19:09Speaker 1: I don't know what he's talking about because those girls
- 19:12Speaker 1: clearly did not have on bottoms. That's from Discovery's Guilty Rich.
- 19:16Speaker 1: So he did have one job. It was... a porn job.
- 19:22Speaker 1: He produced soft porn. Sorry, Luster. That said, back to
- 19:30Speaker 1: the issue at hand. Here's my concern. Mayor, I'm just
- 19:35Speaker 1: a JD. I'm a trial lawyer. I'm not a shrink.
- 19:38Speaker 1: I'm not an MD. But I know what I know. Mayor,
- 19:42Speaker 1: when I would get a six attack case, I'd open
- 19:46Speaker 1: the file, preparing it for trial, of course.
- 19:49Speaker 14: And.
- 19:49Speaker 1: There would be a rap sheet in there. And that
- 19:52Speaker 1: rap sheet very often would start with something like peeping
- 19:57Speaker 1: Tom or unwanted touching, where one prosecutor after the next
- 20:03Speaker 1: would plead the case down. Then it turned into full-on
- 20:08Speaker 1: violent sex attacks. And I would think, why is this
- 20:11Speaker 1: guy out walking around? And I would try the case.
- 20:16Speaker 1: He'd be convicted and put in jail for 20 to life.
- 20:19Speaker 1: And then in no time at all, suddenly, he'd be
- 20:22Speaker 1: back in my courtroom. He would get out early and re-offend. Now,
- 20:28Speaker 1: what does that mean to me? I saw it so
- 20:30Speaker 1: many times, Mayor. I'm convinced they can't stop themselves. Just
- 20:38Speaker 1: like I drink hot tea and cook supper every night.
- 20:43Speaker 1: They can't stop themselves. It's their, I don't know if
- 20:45Speaker 1: it's habit. I don't know if it's frame of mind.
- 20:49Speaker 1: I don't know if it's in their DNA, Mayor. But
- 20:53Speaker 1: it's not just your problem because it could be on
- 20:55Speaker 1: your streets. It's my problem too. I've got a young
- 20:59Speaker 1: girl that just went to college and I got to
- 21:02Speaker 1: worry about somebody like Luster walking by.
- 21:08Speaker 13: Those are certainly the cases that we all get to
- 21:11Speaker 13: experience when any sexual predator or convicted criminal comes to
- 21:17Speaker 13: your neighborhood is how do we keep that safe? And
- 21:22Speaker 13: our police department is committed to working within the letter
- 21:27Speaker 13: of the law and learning about the conditions of this
- 21:30Speaker 13: parole and working very hard to learn what those are.
- 21:35Speaker 13: so that we can ensure that it is being monitored
- 21:40Speaker 13: and adhered to.
- 21:41Speaker 1: Let me ask you this, Mayor. Is there any way
- 21:45Speaker 1: to keep him out of that neighborhood? I have exhausted
- 21:49Speaker 1: every avenue, and I can't think of a way to
- 21:54Speaker 1: keep him from coming to your hometown.
- 21:58Speaker 13: Well, we're learning that as well, and Some other challenges
- 22:03Speaker 13: in this particular case are that the terms of parole
- 22:07Speaker 13: are sealed. So we're still trying to learn what those
- 22:10Speaker 13: terms are. And based on that, we have to be
- 22:15Speaker 13: compliant with the law from our perspective, but we don't
- 22:19Speaker 13: know yet what those other options are. But our legal
- 22:23Speaker 13: counsel is advising that at this point, till we have
- 22:28Speaker 13: another case or an opportunity to press, We have to
- 22:33Speaker 13: accept it. But we will keep a very close eye
- 22:36Speaker 13: on it.
- 22:37Speaker 1: Mayor, what do you think about this Prop 57? Look,
- 22:41Speaker 1: I have had so many witnesses that I found in
- 22:45Speaker 1: the jail or in the prison. Because who do you
- 22:48Speaker 1: think is going to testify against killers and dope lords
- 22:52Speaker 1: and rapists? Not nuns and priests and virgins, Mayor. You
- 22:56Speaker 1: find witnesses in the jail. And I became friends with
- 23:00Speaker 1: many of them. And I want them to improve their lives.
- 23:04Speaker 1: I want them to take classes. I want them to
- 23:07Speaker 1: learn a trade or a job so they have a
- 23:10Speaker 1: better chance at succeeding and not reoffending when they get out.
- 23:15Speaker 1: But this Prop 57 cuts down your prisoner jail time.
- 23:20Speaker 1: If you take a class, oh yeah, I'd sign up
- 23:24Speaker 1: for a full load. I would take every class I
- 23:27Speaker 1: could take to get out of jail early enough That's how,
- 23:33Speaker 1: that's the loophole that he is using, this Prop 57,
- 23:36Speaker 1: which gives you an earlier release date if you take
- 23:40Speaker 1: a class.
- 23:44Speaker 13: Well, that's the case. And certainly our big press in
- 23:49Speaker 13: the city is that we have letters of opposition on
- 23:54Speaker 13: this particular proposition and other propositions that are moving to
- 24:00Speaker 13: reduce the criminality of infractions. We're not in favor of that.
- 24:07Speaker 13: And the cases that the state has passed that reduces
- 24:12Speaker 13: our police department's ability to process crime and to get
- 24:18Speaker 13: it adjudicated, get it even in front of a judge.
- 24:23Speaker 13: California's unfortunately moved in many areas that It decriminalizes criminal activities.
- 24:32Speaker 1: Hey, Mayor, I want to translate something you just said.
- 24:38Speaker 1: Of course, what you said was right. But you said
- 24:41Speaker 1: it reduces criminality. What does that mean? It makes certain
- 24:45Speaker 1: violent offenses not as serious. Just for instance, you get
- 24:51Speaker 1: 20 to life on a rape. Suddenly, it's not 20
- 24:54Speaker 1: to life. certain violent crimes are now going to be
- 24:58Speaker 1: treated more leniently. Their criminality is reduced. And I am
- 25:04Speaker 1: against that. As a crime victim and former felony prosecutor,
- 25:08Speaker 1: I've seen what violent crime does to people's lives if
- 25:13Speaker 1: they live. And there's another whole layer to this, Mayor.
- 25:17Speaker 1: This dude is sneaky. He would slip GHB and or
- 25:22Speaker 1: other drugs to women that he was with It's not
- 25:26Speaker 1: like he got a lady walking down an alley, hit
- 25:29Speaker 1: her over the head, and raped her. It's more insidious
- 25:32Speaker 1: than that. He would drug women at bars or on dates.
- 25:38Speaker 1: They wouldn't even know what had happened to them. The
- 25:41Speaker 1: victim stories are heartbreaking. Some of them didn't even know
- 25:45Speaker 1: what had happened until years later, and they were shown
- 25:48Speaker 1: the video of him narrating the sex attack. It's sick.
- 25:55Speaker 1: And he's a chameleon.
- 26:00Speaker 13: Well, unfortunately, they get good at what they're doing. And
- 26:05Speaker 13: the victims are just that. And they remain victims for
- 26:10Speaker 13: the rest of their life. It's not right. And we
- 26:15Speaker 13: certainly don't want to encourage that activity or allow it
- 26:20Speaker 13: to come into our neighborhood or any surrounding neighborhood. Realizing, yes,
- 26:25Speaker 13: they need to go somewhere.
- 26:27Speaker 6: Yes.
- 26:29Speaker 1: Yeah, they do need to go somewhere. Straight to hell
- 26:32Speaker 1: is what I advocate. But that said, here's another one
- 26:36Speaker 1: more thing for you to put in your stew here.
- 26:39Speaker 1: I have looked at so many sex attackers and I think,
- 26:45Speaker 1: my stars, they're 60, they're 70, they're 75 years old
- 26:50Speaker 1: and they're still sex attacking. I don't get it. But
- 26:56Speaker 1: it seems that that desire never goes away. So you've
- 27:01Speaker 1: got your work cut out for you. Mayor David Friedendahl,
- 27:06Speaker 1: mayor of Glendora, taking a stand against a convicted violent
- 27:11Speaker 1: sex attacker walking free in a Glendora neighborhood. I do
- 27:15Speaker 1: not envy your job. I do not envy it at all.
- 27:19Speaker 1: And I wish you good luck. Mayor, thank you for
- 27:21Speaker 1: being with us tonight.
- 27:23Speaker 13: Thank you, Nancy.
- 27:26Speaker 1: With me is Rachel Bowman, U.S. Senior News Reporter, Daily Mail.
- 27:30Speaker 1: You mentioned Prop 57. Okay, technical legal term, it sucks
- 27:37Speaker 1: because it says that you, if you take a class,
- 27:42Speaker 1: a class behind bars, and you complete a program, you
- 27:47Speaker 1: get time off. I'd sign up for a full load.
- 27:51Speaker 1: And that's what Luster did. He used his loophole created
- 27:54Speaker 1: by Proposition 57, and he worked it. Never worked a
- 27:59Speaker 1: day in his life, lived off his grandpa's money, and now?
- 28:04Speaker 1: gets education behind bars, and instead of that being a benefit,
- 28:08Speaker 1: it let him out early. You know, Daryl Cohen is
- 28:11Speaker 1: joining me tonight, and the reason I'm going to him
- 28:15Speaker 1: is because he is a veteran trial lawyer. He is
- 28:18Speaker 1: now a defense attorney, but I know him as a
- 28:24Speaker 1: co-prosecutor with me, one of the most successful felony prosecutors
- 28:31Speaker 1: in the inner-city Atlanta jurisdiction. to ever walk the courthouse halls.
- 28:37Speaker 1: Daryl Cohen, I know you're dying to put on your
- 28:40Speaker 1: defense hat and tell me why this is all okay,
- 28:43Speaker 1: but Daryl, I want you to answer a different question.
- 28:46Speaker 1: Isn't it true when you would try rape cases, sex
- 28:51Speaker 1: attack cases, you open the folder and there you see
- 28:55Speaker 1: a rap sheet. It's very rarely a rapist first go
- 29:01Speaker 1: around with law enforcement. They can't help themselves. They repeat offend.
- 29:09Speaker 1: Be honest, Daryl. Isn't that true? I mean, it may
- 29:11Speaker 1: start with a peeping Tom or an unwanted touching or
- 29:14Speaker 1: a simple assault, simple battery. They're sex assaults and they
- 29:19Speaker 1: graduate to a full fledged sex attack. Isn't that true?
- 29:25Speaker 15: Nancy, you're correct. What we would do would be look
- 29:29Speaker 15: at the crime that the person was indicted for. We
- 29:32Speaker 15: would then immediately, without even looking at the facts, go
- 29:36Speaker 15: to his, it's always a his, rap sheet and see what,
- 29:40Speaker 15: if anything, was there. Once we saw that, we then
- 29:44Speaker 15: looked at the facts. But this is, you've got to
- 29:47Speaker 15: factor in a number of different things here. He has
- 29:50Speaker 15: spent years in prison. Is that enough? California thinks it
- 29:54Speaker 15: is based on Prop 57. Do I believe it is?
- 29:58Speaker 15: That has nothing to do with it. What it has
- 30:00Speaker 15: to do is what he did was horrendous. It is egregious.
- 30:05Speaker 15: There's nothing we can do to make it better for
- 30:08Speaker 15: the victims. But is it possible that in those years
- 30:13Speaker 15: he did attend school, he was actually punished? Nancy, when
- 30:16Speaker 15: you and I were prosecuting in the old days in Georgia—
- 30:20Speaker 15: After you were convicted of a life sentence for murder,
- 30:24Speaker 15: you were eligible in those days after seven years. Now,
- 30:29Speaker 15: if you serve 26 years, you're lucky. But everything changes.
- 30:34Speaker 15: Has he changed? Has this been enough of a punishment?
- 30:39Speaker 15: Has he awakened and realized?
- 30:42Speaker 1: I don't know, Daryl Cohen. Why don't we ask some
- 30:44Speaker 1: of the victims? Why don't we ask Barbara Kelly Hicks?
- 30:47Speaker 1: Do you think It's time for him to get out
- 30:50Speaker 1: and walk free and a residential area. Do you think? Agree. Agree.
- 30:57Speaker 1: And remember, he got sentenced to 124 years and some
- 31:01Speaker 1: judge in his her silver ivory tower. Let's cut that.
- 31:07Speaker 9: Why?
- 31:07Speaker 1: Why did that happen to 50 years? Then he takes
- 31:11Speaker 1: all these classes behind bars, basket weaving, woodworking, public speaking, blah, blah, blah,
- 31:17Speaker 1: and walks free. Okay, it's not just the violent sex attacks.
- 31:23Speaker 1: He videos them. So I go down there.
- 31:28Speaker 8: When they looked at me, they just, it was like
- 31:30Speaker 8: they saw a ghost or something. And they said, would
- 31:33Speaker 8: you be able to identify yourself on a videotape?
- 31:37Speaker 1: We think we have a videotape with you on it.
- 31:40Speaker 8: I said, yeah, I guess. I mean, but there wouldn't be–
- 31:42Speaker 8: it just didn't– why would there be a videotape.
- 31:45Speaker 1: Or anything, you know?
- 31:47Speaker 8: It was me lying there on his bed wearing the
- 31:50Speaker 8: exact outfit that I wore that first night that I
- 31:54Speaker 8: met him. It was a black blouse and a black
- 31:59Speaker 8: long skirt. And in the video, my skirt was– pulled
- 32:06Speaker 8: up and they just had it on pause and just
- 32:09Speaker 8: asked me if I could identify myself.
- 32:12Speaker 11: They let me know that they've been looking for me
- 32:14Speaker 11: for a while. Um, they had a little picture of
- 32:18Speaker 11: a tattoo I had on my right hip out, um,
- 32:22Speaker 11: in the media to see if anyone could recognize me identifying, um,
- 32:25Speaker 11: my tattoo so they can identify a victim. They had
- 32:28Speaker 11: to show me a picture, uh, eight by 10 picture, um,
- 32:32Speaker 11: It was like a screen capture from video. The picture
- 32:35Speaker 11: is of me, and I look dead.
- 32:38Speaker 1: That's from Discovery, Guilty Rich, and KCLU, the 101, and
- 32:43Speaker 1: the Slippery podcast. Straight out to Dr. Bethany Marshall joining us.
- 32:47Speaker 1: Renowned psychoanalyst. You can see her on Bravo, Hulu, host
- 32:52Speaker 1: of a hit new podcast, the Dr. Bethany Marshall podcast.
- 32:56Speaker 1: And you can find her at drbethanymarshall.com.
- 32:59Speaker 16: Dr.
- 32:59Speaker 1: Bethany, the videos... Thank heaven for the videos or he
- 33:04Speaker 1: would never have been apprehended because you heard Barbara speaking.
- 33:07Speaker 1: She had no recollection of what happened. Some of the many,
- 33:11Speaker 1: many victims had vague recollections, but you can't get a
- 33:15Speaker 1: conviction on that. Then they go search his house and
- 33:18Speaker 1: they find a treasure trove. Tons of sex-related videos, including
- 33:25Speaker 1: the sex attack victims. But I don't get it. Why
- 33:30Speaker 1: would you commit a violent sex attack and video it?
- 33:36Speaker 16: You video it, Nancy, because it's your moment of glory.
- 33:39Speaker 16: He's videotaping.
- 33:41Speaker 1: It's his own private video. porn stash. That's what it is.
- 33:44Speaker 16: So he looks at these videos again and again for
- 33:47Speaker 16: masturbatory content. So if you think of, you know, Tanya
- 33:50Speaker 16: and Barbara and all these victims who have come forward,
- 33:53Speaker 16: not only is there the victimization of having been drugged, raped,
- 34:01Speaker 16: tortured sodomized in one of the tapes he put a
- 34:05Speaker 16: cannabis roll on the woman's private parts i mean he
- 34:08Speaker 16: just completely completely degraded.
- 34:11Speaker 1: Them i believe bethany dr bethany he put a joint
- 34:16Speaker 1: in her private parts and she did not know any
- 34:22Speaker 1: of that happened until they showed her the video.
- 34:26Speaker 16: And I think that it's not just that one-time trauma, Nancy,
- 34:31Speaker 16: but as you're pointing out, it's a trauma that reverberates
- 34:34Speaker 16: throughout the person's entire life, throughout their marriage, throughout the
- 34:38Speaker 16: legal system. There's the first rape, right? The rape with
- 34:41Speaker 16: Andrew Luster. And then there's the second rape, as we
- 34:44Speaker 16: call it.
- 34:44Speaker 1: That's the rape of.
- 34:45Speaker 16: Going through the judicial system where you're not believed and
- 34:48Speaker 16: you're criticized and you have to tell your story again
- 34:52Speaker 16: and again. But you know, Nancy, there's yet a third
- 34:55Speaker 16: rape and that is all the times he uses this
- 34:58Speaker 16: film as masturbatory material. It's like he's raping them again
- 35:03Speaker 16: and again. It's like women whose identities are stolen and,
- 35:07Speaker 16: you know, there are naked pictures all over the internet
- 35:09Speaker 16: for anybody to see. There's a sense of re-traumatization, re-victimization
- 35:15Speaker 16: in And Nancy, seeing yourself out and drugged, that idea
- 35:19Speaker 16: of being so helpless with this perpetrator on top of you,
- 35:23Speaker 16: that's going to reside in the person's unconscious cellular memory.
- 35:29Speaker 16: It never, never goes away.
- 35:31Speaker 1: After the treasure trove of Andrew Luster, the multimillionaire makeup heir,
- 35:41Speaker 1: found in his home, A defense that was actually asserted,
- 35:46Speaker 1: I know Daryl Cohen, don't get any ideas from this
- 35:51Speaker 1: defense because it didn't work, was that all these videos
- 35:54Speaker 1: were actually consensual and they were part of his porn business.
- 36:01Speaker 17: Well, he was an aspiring porn producer. The question was
- 36:04Speaker 17: whether this was pornography or rape. There is an entire
- 36:07Speaker 17: genre of pornography that deals with women who pretend to
- 36:11Speaker 17: be unconscious and very convincingly.
- 36:13Speaker 3: You could no more watch those tapes and think that
- 36:15Speaker 3: it was an amateur porn shoot than you could watch
- 36:17Speaker 3: the Twin Towers coming down and think that it was
- 36:19Speaker 3: a Hollywood special effect.
- 36:20Speaker 8: For me to be up there with my rape being
- 36:25Speaker 8: shown in front of everybody, um, I actually threw up
- 36:29Speaker 8: because it was so emotional for me. I feel like
- 36:34Speaker 8: that was the hardest part of it. They did have
- 36:37Speaker 8: my husband leave the courtroom. He's never seen any of
- 36:40Speaker 8: the tapes. I would never want him to see that.
- 36:44Speaker 1: I recall specifically one sex attack victim who was attacked,
- 36:50Speaker 1: put in a trunk, then sex assaulted. She told me
- 36:54Speaker 1: what happened. But she did not want us to bring
- 36:58Speaker 1: rape charges because she didn't want her husband to know
- 37:00Speaker 1: what had happened, which I find that a whole bizarre dynamic.
- 37:09Speaker 1: But that's true. Her husband never saw those videos. She
- 37:14Speaker 1: didn't want him to see them. That is from my
- 37:17Speaker 1: longtime friend Dominic Dunn's Power, Privilege, and Justice. May he
- 37:20Speaker 1: rest in peace. From KCLU's The One-on-One. To Jan Edwards
- 37:26Speaker 1: joining us tonight. She is a sex trafficking expert. She's
- 37:29Speaker 1: the president and CEO of Paving the Way Foundation. It
- 37:33Speaker 1: fights sex trafficking and exploitation. How this guy got his
- 37:39Speaker 1: sentence cut in half from a judge from 124 years
- 37:44Speaker 1: to 50 years, and now he's walked free after taking
- 37:47Speaker 1: some classes behind bars. It is sickening. Very sickening.
- 37:53Speaker 5: Very sickening and very disturbing, Nancy, that this man is
- 37:58Speaker 5: going to be allowed to be in neighborhoods around children. Yes,
- 38:05Speaker 5: he's a registered sex offender, has to be a registered
- 38:07Speaker 5: sex offender for the rest of his life. And prayerfully,
- 38:10Speaker 5: the people in that neighborhood will make sure they know
- 38:12Speaker 5: where he lives and that they will let the police
- 38:15Speaker 5: know if he ever violates that distance between himself and
- 38:18Speaker 5: and a school himself, and a park himself, and any
- 38:22Speaker 5: other location where there might be children.
- 38:24Speaker 1: Jan Edwards, joining us from Paving the Way Foundation. What
- 38:28Speaker 1: is your message tonight to sex assault, sex attack victims?
- 38:32Speaker 1: I mean, you heard Barbara.
- 38:34Speaker 5: Yeah, you know, we work with children, okay? And when
- 38:38Speaker 5: we go out and we train and we educate young people,
- 38:42Speaker 5: one of the things they actually come up and disclose
- 38:44Speaker 5: to us right? And knowing that a child has been
- 38:48Speaker 5: harmed online by someone is something that you are never
- 38:51Speaker 5: prepared really to be with as an adult and ensuring
- 38:56Speaker 5: that they get services, wraparound services for them and their families,
- 39:00Speaker 5: because this is a trauma you can.
- 39:02Speaker 1: Never get over.
- 39:04Speaker 5: Healing is fully possible for sure. I know several human
- 39:07Speaker 5: trafficking survivors and they are out making a difference. Just
- 39:10Speaker 5: like what Barbara had said, they become advocates for this.
- 39:13Speaker 4: Okay.
- 39:14Speaker 5: And that's one thing you can do. The other thing
- 39:17Speaker 5: is to really just be with the healing process. And
- 39:20Speaker 5: if I were a victim, I would be making sure
- 39:24Speaker 5: I was advocating for additional laws. Legislation matters. When I
- 39:28Speaker 5: was reading about this case, last night, seeing that there
- 39:31Speaker 5: was a judge that shifted it from a serious offense
- 39:35Speaker 5: versus a violent offense, which has allowed Prop 57 to
- 39:39Speaker 5: do what it did. And then, gratefully, two years ago,
- 39:44Speaker 5: it came back to a violent offense. So no one's
- 39:46Speaker 5: going to get that privilege again. And it's going to
- 39:49Speaker 5: keep our kids safe. And for the survivors, I am
- 39:53Speaker 5: so sorry that you had to experience this multiple times.
- 39:57Speaker 5: The first time when you weren't aware. The second time
- 40:00Speaker 5: when you were made aware. And the third time is
- 40:02Speaker 5: it pops back up in your memories. And that's the
- 40:05Speaker 5: thing that people don't fully understand about trauma is PTSD.
- 40:09Speaker 5: Those things come back up in your mind out of
- 40:11Speaker 5: the blue from nowhere. It can be a smell. It
- 40:14Speaker 5: can be a sound. It can be a song. It
- 40:15Speaker 5: can be a visual. And you're re-traumatized again. And the
- 40:19Speaker 5: people around you have to be ready for that. They've
- 40:21Speaker 5: got to be able to be next to you, with you,
- 40:24Speaker 5: holding your hand to remind you you're here now, present
- 40:27Speaker 5: versus in that moment.
- 40:29Speaker 1: Barbara Kelly Hicks, I want to hear your response to
- 40:32Speaker 1: what Jan was saying. Because this Prop 57 makes a
- 40:38Speaker 1: violent sex attack nonviolent if the victim is passed out.
- 40:46Speaker 1: the rate of an unconscious person is not deemed a
- 40:50Speaker 1: violent crime. Can you believe this is happening?
- 40:57Speaker 8: No.
- 40:58Speaker 10: And that's when I'm grateful for meeting Tanya because the
- 41:01Speaker 10: two of us found strength with each other. And we
- 41:05Speaker 10: flew to Sacramento and met with Maurice, Senator Avarado-Gill. to
- 41:11Speaker 10: help pass SB 268 to make it a violent crime,
- 41:15Speaker 10: which it should have been from the beginning.
- 41:19Speaker 1: But what this says about women and about sex attack victims,
- 41:26Speaker 1: that if you're slipped GHB or some other drug, then
- 41:30Speaker 1: it's no longer a violent crime to be stripped, raped
- 41:36Speaker 1: on video? Not a... I mean... The fact that the
- 41:42Speaker 1: assembly would do that is stunning.
- 41:46Speaker 10: And I've had to fight my whole life to even speak,
- 41:50Speaker 10: finally be able to be cleared as a survivor.
- 41:53Speaker 1: What about this discussion has triggered your tears?
- 41:59Speaker 10: When the doctor said the three different steps of a survivor...
- 42:08Speaker 10: and the PTSD and it.
- 42:13Speaker 9: Brought back a lot of memories.
- 42:14Speaker 18: And my anger, my yelling, just trying to survive.
- 42:31Speaker 9: All my surgeries. picking up our life and moving just
- 42:37Speaker 9: so I could feel safe.
- 42:40Speaker 1: Not only did these sex attacks happen, they were videoed.
- 42:48Speaker 1: He stored them like scrapbooks of Christmas and Easter. He
- 42:56Speaker 1: then goes on the run.
- 42:59Speaker 9: I think he had help.
- 43:01Speaker 4: I think he had some family help, and I don't
- 43:04Speaker 4: think it was necessarily a surprise to his family.
- 43:07Speaker 1: That he was gone.
- 43:07Speaker 8: And I think his attorney was a good actor.
- 43:12Speaker 1: I had no idea he was going to skip.
- 43:14Speaker 7: It took me by total surprise.
- 43:17Speaker 14: Andrew Luster was convicted of 86 counts of rape and poisoning.
- 43:21Speaker 9: Not 25, 35, not 52, not 79, 86 counts of rape.
- 43:32Speaker 14: Andrew Luster was given 124 years in prison and bolted,
- 43:35Speaker 14: took off, while his victims were in court waiting for
- 43:39Speaker 14: him to be convicted. I met some of the victims.
- 43:43Speaker 14: You can imagine how they felt.
- 43:44Speaker 1: That's, you all know, the dog bounty hunter. That's from
- 43:49Speaker 1: Discovery's Guilty Rich and the Hudson Union Society and Love
- 43:53Speaker 1: Him or Hate Him. Dog Chapman, the bounty hunter, did
- 43:56Speaker 1: what seemingly no one else could do. He tracked down
- 44:00Speaker 1: Luster in Mexico.
- 44:02Speaker 19: I said, I know where he's at. So we went
- 44:04Speaker 19: to Mexico for like three weeks, nothing. And then Howard
- 44:09Speaker 19: pulled out and left. A cameraman, Boris Krutnag and Jeff,
- 44:14Speaker 19: left there. And then all of a sudden, Leland saw
- 44:18Speaker 19: him first. And he was about two hours away from us.
- 44:22Speaker 19: So I told Tim, you know, go, go. And Tim
- 44:24Speaker 19: was like 100 miles an hour. And all of a sudden,
- 44:28Speaker 19: it was Andrew Lester. So Tim snuck up behind him.
- 44:32Speaker 19: And then I pushed him, and down he went. We
- 44:35Speaker 19: cuffed him. And he's a big guy, and he's a
- 44:38Speaker 19: karate guy, right? So he got in the car, and
- 44:42Speaker 19: I think I hit him in the mouth, but I started, boom,
- 44:45Speaker 19: elbowing him pretty hard, right?
- 44:47Speaker 1: He's like, dog, what are you doing?
- 44:48Speaker 19: I said, 87 counts of rape. The FBI knew I
- 44:53Speaker 19: was doing it, and they were going to land a
- 44:55Speaker 19: plane on this road and pick him up. And so
- 44:59Speaker 19: all of a sudden, I looked up and there's a
- 45:02Speaker 19: helicopter and these two Jeeps with. 50 calibers. And they're like,
- 45:08Speaker 19: you know, out of the car in Spanish. And then
- 45:10Speaker 19: one guy in English, get out of the car right now.
- 45:13Speaker 19: So Lester's like, yeah, they kidnapped me.
- 45:15Speaker 1: Lester said they kidnapped me? That is Dog Speaking on
- 45:20Speaker 1: Legally Goff podcast. Daryl Cohen, seriously? How many bond forfeitor
- 45:26Speaker 1: calendars have you and I gone through? I've never heard
- 45:29Speaker 1: a defendant who goes on the run say, I was kidnapped. Really?
- 45:33Speaker 1: It's so lame.
- 45:34Speaker 15: Nancy, it's not only lame, it's absurd. What else is
- 45:38Speaker 15: he going to say? I'm a rapist and I was hiding.
- 45:41Speaker 15: So he comes up with the story of the moment.
- 45:44Speaker 15: And that story of the moment was appropriate in his
- 45:48Speaker 15: demented mind. I was kidnapped. Help me. Help me. Didn't work,
- 45:54Speaker 15: did it? Didn't work at all. And it shouldn't have.
- 45:57Speaker 1: Kidnapped and taken to Mexico and having fun in the sun.
- 46:01Speaker 1: You're kidnapped. Just another lie from Andrew Luster, now walking free.
- 46:09Speaker 1: You know, Rachel Bowman joining us. She is a senior U.S.
- 46:13Speaker 1: news reporter with Daily Mail. There's nothing under the current
- 46:17Speaker 1: laws to stop what is happening. He's free. I doubt
- 46:21Speaker 1: the people in his neighborhood even know who he is.
- 46:24Speaker 12: Yes, so he was released and is believed to be
- 46:29Speaker 12: living in Glendora. The mayor has released a statement saying
- 46:32Speaker 12: that he's outraged by this and he's criticized the laws
- 46:35Speaker 12: that allow his release.
- 46:37Speaker 1: If you need help or know someone that needs help,
- 46:41Speaker 1: please dial the National Sex Assault Hotline, 800-656-4673.
- 46:45Speaker 15: Repeat, 800-456-4673.
- 46:54Speaker 1: Tonight, we remember an American hero, Deputy Sheriff Aubrey Phillips,
- 47:00Speaker 1: Alameda County Sheriff's, California, served five years and died in
- 47:05Speaker 1: a line of duty, leaving behind husband Josh and sons
- 47:10Speaker 1: Chase Daxton and Riley. American hero, Deputy Sheriff Aubrey Phillips.
- 47:17Speaker 1: Thank you to our guests, especially Barbara Kelly Hicks joining
- 47:21Speaker 1: us tonight. but to you for being with us. Thank you.
- 47:26Speaker 1: Nancy Gray signing off for tonight, but I'll see you
- 47:27Speaker 1: tomorrow night. And until then, good night, friend.