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Twin blamed for his brother's sex crimes now facing his own charges

January 30, 2014 Updated: January 30, 2014 at 10:08 pm
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A man once labeled as the "evil twin" of a former Fort Carson lieutenant now shares more with his brother than near-identical DNA.

Brian Lucas, 32, posted bond after Huntsville, Ala. police arrested him on suspicion of felony sodomy and sexual abuse - specifically, fondling a child, according to jail records.

His arrest this week added a new twist to the saga of a former Fort Carson soldier who blamed his twin brother, Brian Lucas, for a string of sex crimes across three states - in part, because they shared incredibly similar DNA.

Army 1st Lt. Aaron Lucas planned to argue that point at trial in a 4th Judicial District courtroom, but instead pleaded guilty in late November to crimes involving girls ages 4 to 10, including indecent exposure, kidnapping and rape.

In at least one El Paso County case, investigators found DNA - which forensic scientists frame as a smoking gun only "in the absence of an identical twin." Detectives also found DNA allegedly linking Aaron Lucas to similar attacks in Madison, Ala. and Texarkana, Texas.

The allegations facing Brian Lucas are unrelated to the accusations levied against his brother in Alabama, and they involve a different victim, said attorney Ted McClintock, who represents Aaron Lucas.

While prosecutors have already dropped charges against Aaron Lucas in Alabama, this week's development could have the potential to bolster his defense elsewhere.

The arrest would "probably not" have an effect on Aaron Lucas' case in El Paso County, McClintock said, though he added that he thinks it's probably going to affect the Texas case."

A defendant awaiting sentencing can file a motion to withdraw a guilty plea if new evidence arises, though the tactic is "very rare," said Tom Hammond, a Denver defense attorney.

At the time of Aaron Lucas' plea, prosecutors said they were prepared to argue against the "evil twin" defense - pointing out that Brian Lucas wasn't in any of the states when the crimes were committed. He has, nevertheless, lived in Alabama and Texas.

Aaron Lucas also must weigh whether seeking such a motion would be worth the risk of reneging on his guilty plea, said Jennifer Stock, a defense attorney in Colorado Springs. Lucas faces 20 years to life in prison when he appears for sentencing on Feb. 28.

"The deal still may be better than the risk of going to trial," Stock said.

- Gazette reporter Lance Benzel contributed to this story.

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