A suspect blamed his twin for a string of sexual assaults involving young children, according to reports. Colorado Army artillery officer Aaron Lucas, 31, was linked to the crimes by DNA evidence, but his attorneys filed a motion Wednesday pointing to his brother Brian Lucas as the perpetrator of the rapes.
The suspect who blamed his twin is being held for the abduction and rape of an 8-year-old girl, the rape of two others, and the attempted sexual assault of a total of 11 girls ranging from 6 up to teenage years. The man reportedly attempted to lure younger girls into a vehicle with promises of ice cream and money. The incidents occurred in Madison, Ala. in 2007, Texarkana, Texas in 2009, and in Colorado Springs and Fountain, Colo.
Despite the evidence- Colorado Springs police detective Fred Walker testified that the assaults stopped while Lucas was deployed to Afghanistan and forensic experts said DNA evidence is very accurate "in the absence of an identical twin"- the suspect's legal team is blaming his twin brother. Lawyers Ted McClintock and Elizabeth McClintock said in an Oct. 22 filing that investigators picked the wrong Lucas.
"Whether it's persuasive or not- that's not my role," District Judge David Shakes said Friday. "It's the role of the jury."
Karen Steinhauser, a criminal defense attorney and adjunct law professor at the University of Denver, said the legal team's defense is virtually unprecedented. She is not involved with the case.
"I have never seen it, ever," she told the Associated Press. "The only time I have seen it was on 'Law and Order: SVU.'"
Nevertheless, Judge Shakes said it would be "inappropriate" to not allow the theory, in light of the DNA evidence technically linking both men to the crimes.
The attorneys claim Brian Lucas was the perpetrator of the sexual assaults in Alabama and Texas, as he has lived in both of those states. The McClintocks say a different, unidentified man is responsible for the Colorado crimes, however.
Brian Lucas told investigators he was not involved in any of the crimes and has not been charged, according to the Colorado Springs Gazette.
The attempts to lure young girls into a vehicle in Colorado began shortly after Aaron Lucas arrived there with the 1st Brigade Combat Team, 4th Infantry Division.
Aaron Lucas has pleaded not guilty for the assaults and is being held at El Paso County jail on $1.2 million bond. He faces life in prison if found guilty. Lucas will be in court again Nov. 26.