commentary by Patrick H. Moore
In criminal prosecutions, strong DNA evidence is generally considered to be a virtual guarantee of conviction. If you’re accused of rape and your DNA is discovered in or on the victim, more than likely “your goose is pretty well-cooked.” Yeah, you say, the only problem is I didn’t commit these heinous crimes. But they might have been committed by my identical twin.
You would do that? You would try to pin your heinous sexual molestations on your identical twin brother? Sure you would if you are Aaron Lucas, a decorated Army artillery officer linked by DNA to a string of sexual assaults of young girls, one of whom was only 8 years old.
And what if you were the judge who has to rule on whether the alleged sexual deviant should be allowed to present alternative evidence accusing his twin of being the guilty party? According to Lance Benzel of the Gazetter, Fourth Judicial District Judge David Shakes ruled it would be “inappropriate” to bar 1st Lt. Aaron Lucas’ attorneys from suggesting that his identical twin, Brian Frederick Lucas, should be viewed as an alternate suspect in the crimes based on their shared DNA.
Lance Benzel writes:
In criminal prosecutions, DNA is widely considered a smoking gun – but only “in the absence of an identical twin,” a phrase uttered almost any time a forensic expert is called to testify about biological evidence in court.
The judge cited evidence that besides sharing genetic markers linked to the assaults, Brian Lucas also owns a black Acura sedan like one described by a young girl who was sexually assaulted in Madison, Ala., in 2007 – a crime for which Aaron Lucas is suspected.
“Whether it’s persuasive or not – that’s not my role,” Shakes said in clearing the way for the defense at a Friday hearing. “It’s the role of the jury.”
Lucas, 32, is scheduled to be tried Jan. 4 in 4th Judicial District Court for lewd encounters with 11 under-aged girls whose ages ranged from six to nine. The girls were targeted at random in Colorado Springs and nearby Fountain by a man who tried to coax them into sex with promises of money and ice cream. Prosecutors contend three girls were assaulted during the encounters.
It is interesting to note that the incidents began shortly after Aaron Lucas’ arrived at Fort Carson with the 1st Brigade Combat Team, 4th Infantry Division, but that according to Colorado Springs police detective, Fred Walker, the assaults ceased while Aaron Lucas was deployed to Afghanistan.
Lucas received the Bronze Star, the fourth-highest honor given to members of the military, for valor during his service stint in Afghanistan. In his four years of active duty, Lucas amassed a glowing military resume including 10 medals and awards.
Lucas became a suspect when he was spotted at a Fountain, Colorado playground by an officer investigating reports of a stranger targeting young girls. Where there’s smoke there is often a veritable forest fire, and the case against Lucas got very serious very quickly when a DNA test linked him to the abduction of an 8-year-old Colorado Springs girl. According to authorities, things became even more dire for Lucas when his DNA also matched biological material recovered from the unsolved attacks on young girls in Alabama and in Texarkana, Tex., in 2009.
Although Lucas is only being tried for the local crimes in Colorado’s 4th Judicial District, the prosecutors previously won the judge’s approval to introduce evidence of the out-of-state crimes in a bid to establish a pattern of conduct. It’s easy to see why the prosecutors requested this ruling. Imagine you are a juror and evidence is presented that the suspect roamed all over the country perpetrating his deviant sexual acts on innocent young girls. No matter how fair you tried to be, it would certainly tend to prejudice you against the defendant.
Lucas’ defense has indicated that the defendant’s brother, Brian Lucas, has resided in both Texas and Alabama.
According to investigators, the Alabama twin brother denied any involvement in the crimes when recently interrogated by the Madison County, Ala., sheriff’s office. According to Fountain detective Sgt. Scott Gilbertson, who was part of a task force that investigated the crimes, Brian Lucas has stated that he has only been to Colorado once in the past decade, and didn’t visit El Paso County (Colorado) which is where Fountain is located.
The El Paso County investigators testified Friday they are unaware of other steps taken by law enforcement groups in Texas or Alabama to rule Brian Lucas out as a suspect.
In what appears to be an effort to be scrupulously fair, Judge Shakes also ruled that Lucas’ attorneys may suggest a third individual, a Colorado Springs man, as the possible culprit in some of the local assaults.
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What a strange brew! I am no expert when it comes to identical twins and their similarities or lack thereof. If, however, Aaron Lucas became a sexual deviant — which is entirely possible given the charges — due to aberrant DNA, then his brother Brian would seem to be implicated — at least as a potential sexual deviant and possible pedophile. On the other hand, if Aaron Lucas’ alleged predilection for sexual deviancy stems from bad nurturing as opposed to faulty DNA, then his brother could once again be implicated — assuming he shared the same suspect nurturing. So either way, Brian Lucas may face an uphill climb to clear himself of the charges, particularly considering that he owns a black Acura sedan like one described by the young girl who was sexually assaulted in Alabama in 2007.
What I want to know, though, is why is Aaron Lucas so all-fired eager to throw his twin under the same bus that is in the process of leaving tread marks all over his back? It hardly seems like brotherly love.
This appears to be a case that may garner considerable national attention when the trial begins in January, especially if it is televised.