MILLIONAIRE ACCUSED OF DELAYING RAPE TRIAL.

Byline: - Grace Lee

An attorney for Max Factor heir Andrew Luster claimed Wednesday that videotapes key to his defense on sexual assault charges were being withheld - accusations that prosecutors dismissed as delaying tactics.

Luster, 38, a millionaire securities trader who lives in the beachside community of Mussel Shoals, is set for trial Dec. 3 on 87 charges that he drugged, raped and videotaped three women without their consent.

At a Wednesday hearing, lawyer Richard Sherman accused prosecutors of withholding dozens of videotapes, as well as taped interviews with witnesses. He said some of the tapes provided to the defense were blank and others may have been tampered with.

``Mr. Luster has his life on the line,'' said Sherman in asking for a delay of the trial. ``I have to examine the original tapes and original videos.''

Deputy District Attorney Anthony Wold argued that Luster's lawyers have had months to seek and view the tapes.

``Mr. Sherman is a magician who likes to give the appearance he's moving forward when, in fact, he's doing nothing,'' Wold said.

The victims, Wold said, have a right to move on with their lives.

Superior Court Judge Ken Riley is expected to rule on this and other pretrial motions Monday.

Luster, who has arrested in July 2000 after a Santa Barbara woman came forward with accusations, has been free after posting $1 million bail and is allowed to leave his house from 11 a.m. to 6 p.m.

He has claimed that his encounters with the women were consensual.