A suspect blaming his twin for a string of sexual assaults on young girls will be permitted to proceed with his line of defense in court, a judge ruled Friday.
The Colorado Springs Gazette reported that District Judge David Shakes ruled it would be "inappropriate" to bar the suspect
, U.S. Army 1st Lt. Aaron Lucas, from presenting his identical twin as an alternate suspect given the siblings' shared DNA.
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"Whether it's persuasive or not — that's not my role," Shakes said on Friday. "It's the role of the jury."
Criminal defense attorney and adjunct law professor at the University of Denver Karen Steinhauser, who is not involved in the Lucas case, told The Associated Press that such an argument is rare
"I have never seen it, ever," Steinhauser said. "The only time I have seen it was on [the television show] 'Law and Order: SVU.'"
In an Oct. 22 court filing, Lucas' attorneys argued that the wrong sibling was being investigated for the unsolved attacks involving a young Texarkana, Texas, girl in 2009 and a similar assault of another young girl in Madison, Ala., in 2007.
Additionally, the suspect is also being accused of attempting to lure 11 other young girls into his vehicle between 2009 and 2012. Lucas' attorneys have similarly denied their client played any role in the attempted abductions.
Instead, Lucas' attorneys argue that his identical twin brother — Brian Frederick Lucas, who lived in both Alabama and Texas, the states in which the assaults occurred, was the person police should seek for the assaults.
According to investigators, Lucas' DNA matched the biological material recovered in the Texas and Alabama cases. It was also found in connection with an attempted abduction of an 8-year-old girl in Colorado Springs.
The twin brother of the accused has reportedly not been charged in the case and according to investigators has consistently denied any involvement in the alleged crimes. The AP was unable to reach the brother of the accused for comment.
As for the 11 young girls who were approached in Colorado, Lucas' attorneys say their client had nothing to do with these cases, which they say were perpetrated by an unidentified third man.
Lucas is scheduled to appear in court Nov. 26.
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