No, your honor, it was my evil twin.
A Fort Carson officer tied by DNA to sexual assaults on children in three states says he's been blamed for the crimes of another man: his twin brother.
In an Oct. 22 court filing, attorneys for 1st Lt. Aaron Gregory Lucas, 32, say investigators picked the wrong Lucas after discovering a DNA link between an unsolved attack on a young girl in Madison, Ala., in 2007 and one in Texarkana, Texas in 2009.
"The defense believes that Mr. Brian Lucas contributed the DNA in the Alabama and Texas cases and that it is his DNA that was found during those crimes, not Mr. Aaron Lucas,'" the motion reads. Defense attorneys Ted McClintock and Elizabeth McClintock are requesting that the defense be allowed to suggest at trial that Brian Lucas was actually the perpetrator.
Online records appear to confirm that Lucas has a brother, Brian Frederick Lucas, who shares with him a July 1981 birthday.
The Gazette's attempts to reach the brother for comment were unsuccessful. The subscription-based people finder LexisNexis shows prior addresses for Brian Frederick Lucas in Madison County, Ala., and Texas, among other locations.
The "evil twin" defense comes as Aaron Lucas prepares for a Jan. 4 trial in Colorado Springs on charges that he lured or tried to lure 11 El Paso County girls into his vehicle between 2009 and 2012. On Wednesday, prosecutors added new counts that bring to three the number of girls authorities say were sexually assaulted during the encounters.
The new rape allegation involves a 9-year-old girl who was forced into a vehicle in June 2012. While the girl denies she was sexually abused, prosecutor Jennifer Darby said Lucas' DNA was found inside the victim's underwear.
Although the trial in El Paso County will focus on the local crimes, 4th Judicial District Judge David L. Shakes ruled in August that prosecutors will be able to present evidence tying him to the crimes in Texas and Alabama in a bid to establish a pattern of conduct.
Authorities in both states have publicly confirmed Lucas is a suspect in an unsolved rape in each jurisdiction, but additional charges have yet to be filed.
Texarkana police are waiting on the District Attorney's office to approve an arrest warrant, Sgt. Steve Shelley said Wednesday. Madison, Ala., police Lt. Terrell Cook said Wednesday that investigators will file a case only if Lucas beats charges in Colorado and Texas.
"A lot of people want him, and we're sort of in a line," Cook said. He declined to address whether investigators had ruled out Brian Lucas as a suspect, saying he didn't want to interfere with the El Paso County trial.
The El Paso County victims' ages ranged from 6 to 9 and were targeted at random in Colorado Springs, the city of Fountain and the unincorporated Stratton Meadows by a man who tried to coax them into sex with promises of money and ice cream, authorities say.
The incidents began shortly after Lucas' arrival at Fort Carson with the 1st Brigade Combat Team, 4th Infantry Division, and Colorado Springs police detective Fred Walker previously testified the attacks stopped while Lucas was deployed to Afghanistan.
In the world of criminal law, a DNA match is hailed as a smoking gun, powerful enough to land someone in prison or to prove their innocence.
Forensic analysts usually testify to the caveat that DNA matches are only definitive "in the absence of an identical twin," however, setting up what promises to be a colorful trial.
The motion by Lucas' attorneys also seeks to blame another man altogether as the person responsible for assaults in El Paso County.
Aaron Lucas was ordered to return to court for a Nov. 15 hearing at which Shakes could rule on the request to introduce the alternate suspects.
The judge must also decide whether prosecutors have probable cause to purse the new sex assault counts added against Lucas in court Wednesday.
Lucas, who is being held at the El Paso County jail on $1.2 million bond, faces the possibility of life behind bars if convicted.