Blaming your twin brother? How cliche can you get?
usnews.nbcnews.com/_news/2013/11/17/21507000-soldier-linked-to-sex-assaults-can-blame-identical-twin-judge-rules?lite
(http://usnews.nbcnews.com/_news/2013/11/17/21507000-soldier-linked-to-sex-assaults-can-blame-identical-twin-judge-rules?lite)
QuoteSoldier linked to sex assaults can blame identical twin, judge rules
By Simon Moya-Smith, Staff Writer, NBC News
A Fort Carson, Colo., officer suspected of sexually assaulting three young females and luring a total of 11 into his car can blame his twin brother at trial, a judge in Colorado Springs ruled Friday.
First Lieutenant Aaron Lucas, 32, is linked by DNA to a string of sexual assaults that occurred in Colorado, Alabama and Texas, the Colorado Spring Gazette reported.
Fourth Judicial District Judge David Shakes said it would be "inappropriate" to prohibit Lucas' attorneys from presenting his identical twin, Brian Frederick Lucas, as an alternate suspect since the pair share DNA.
Shakes also referred to evidence that both Aaron Lucas and Brian Lucas drive a black Acura sedan, similar to the one described by a young girl who was sexually assaulted in Madison, Ala., in 2007 — a crime that Aaron is suspected of committing.
A DNA test also linked Lucas to an 8-year-old girl's abduction in Colorado Springs. His DNA also matched biological material recovered from an unsolved Alabama case and another attack on a young girl in Texarkana, Tex., in 2009, the Gazette reported.
The judge also said Lucas' attorneys can suggest a third man from Colorado Springs as the possible suspect in some of the local crimes, reported the Gazette.
Lucas' trial is slated to begin in January, 2014.
Why does pedophilia run rampant in the US Army? Any ideas?
Quote from: Neil on November 17, 2013, 07:39:52 PM
Why does pedophilia run rampant in the US Army? Any ideas?
Maybe it's the decade long exposure to Afghan culture.
The "evil twin defence" can actually work quite well, assuming you do in fact have an identical twin. I remember we had quite a bit of trouble with a pair of twin young offenders at one point.
In this case though I am going to assume that the twin is not interested in being labelled as a sex offender in court, and would co-operate with establishing his alibis for all of the offences in question.
Quote from: Barrister on November 18, 2013, 10:24:16 AM
The "evil twin defence" can actually work quite well, assuming you do in fact have an identical twin. I remember we had quite a bit of trouble with a pair of twin young offenders at one point.
In this case though I am going to assume that the twin is not interested in being labelled as a sex offender in court, and would co-operate with establishing his alibis for all of the offences in question.
I know it's juvenile, but I can't find that not funny. :lol:
Quote from: Barrister on November 18, 2013, 10:24:16 AM
The "evil twin defence" can actually work quite well, assuming you do in fact have an identical twin.
Damn it! Foiled again.
Would a clone work?
And if you have a twin to blame, make sure you don't leave finger prints. While the DNA will be the same, finger prints are not the same among identical twins.
Quote from: Barrister on November 18, 2013, 10:24:16 AM
In this case though I am going to assume that the twin is not interested in being labelled as a sex offender in court, and would co-operate with establishing his alibis for all of the offences in question.
People are willing to do a lot of stuff to keep family out of prison. Neither of them will be labeled sex offender if the trial can't establish who did it, right?
Quote from: Zanza on November 18, 2013, 04:00:18 PM
Quote from: Barrister on November 18, 2013, 10:24:16 AM
In this case though I am going to assume that the twin is not interested in being labelled as a sex offender in court, and would co-operate with establishing his alibis for all of the offences in question.
People are willing to do a lot of stuff to keep family out of prison. Neither of them will be labeled sex offender if the trial can't establish who did it, right?
I meant more "publically" labelled. You're right that if acquitted, neither would be subject to any legal sanction.
But come on - the "evil twin" defence is going to be all over the news. The twin will have to be called as a witness to be asked "so did you rape these women"? I can't imagine anyone wanting to go along with that, even for a twin brother.
Why would the brother need to cop to it for the defense to work?
Quote from: Peter Wiggin on November 18, 2013, 04:13:25 PM
Why would the brother need to cop to it for the defense to work?
Because as soon as the defence says that want the jury to consider whether or not the brother did it, the prosecution would call the brother in rebuttal.
But unless the brother can prove it wasn't him, the dna evidence remains suspect.
Quote from: Barrister on November 18, 2013, 04:15:08 PM
Quote from: Peter Wiggin on November 18, 2013, 04:13:25 PM
Why would the brother need to cop to it for the defense to work?
Because as soon as the defence says that want the jury to consider whether or not the brother did it, the prosecution would call the brother in rebuttal.
Well couldn't he here just invoke his 5th amendment rights if put on the stand?
Quote from: Barrister on November 18, 2013, 04:03:04 PM
The twin will have to be called as a witness to be asked "so did you rape these women"?
"No."
QuoteI can't imagine anyone wanting to go along with that, even for a twin brother.
I predict that's what will happen in this case.
Quote from: garbon on November 18, 2013, 04:20:57 PM
Quote from: Barrister on November 18, 2013, 04:15:08 PM
Quote from: Peter Wiggin on November 18, 2013, 04:13:25 PM
Why would the brother need to cop to it for the defense to work?
Because as soon as the defence says that want the jury to consider whether or not the brother did it, the prosecution would call the brother in rebuttal.
Well couldn't he here just invoke his 5th amendment rights if put on the stand?
Well not in Canada he couldn't.* :menace:
But in the US, yes he could. And then immediately brand himself to the entire world as a rapist.
*I actually called a "separately charged co-conspirator" as a witness last Friday. It was fun. :)
This reminds me of an episode of "The Commish", where he was foiled by twin brothers both confessing to murder, and saying the other one didn't do it.
Quote from: Barrister on November 18, 2013, 10:24:16 AM
The "evil twin defence" can actually work quite well, assuming you do in fact have an identical twin. I remember we had quite a bit of trouble with a pair of twin young offenders at one point.
In this case though I am going to assume that the twin is not interested in being labelled as a sex offender in court, and would co-operate with establishing his alibis for all of the offences in question.
What I don't understand is why there had to be a ruling by the judge that he could use this as a defense.
Quote from: dps on November 18, 2013, 11:06:31 PM
Quote from: Barrister on November 18, 2013, 10:24:16 AM
The "evil twin defence" can actually work quite well, assuming you do in fact have an identical twin. I remember we had quite a bit of trouble with a pair of twin young offenders at one point.
In this case though I am going to assume that the twin is not interested in being labelled as a sex offender in court, and would co-operate with establishing his alibis for all of the offences in question.
What I don't understand is why there had to be a ruling by the judge that he could use this as a defense.
Doesn't that sometimes happen when a defense seems wacky? Here's another example I could find.
http://hawaiinewsdaily.com/2013/08/judge-cannabis-ministers-religion-protected-under-rfra/
Quote from: garbon on November 18, 2013, 04:20:57 PM
Quote from: Barrister on November 18, 2013, 04:15:08 PM
Quote from: Peter Wiggin on November 18, 2013, 04:13:25 PM
Why would the brother need to cop to it for the defense to work?
Because as soon as the defence says that want the jury to consider whether or not the brother did it, the prosecution would call the brother in rebuttal.
Well couldn't he here just invoke his 5th amendment rights if put on the stand?
Lol.
Enlighten me, counselor.
Basically just what Beeb said.
But actually--while I would have to look it up--I would suspect fraudulently claiming the Fifth Amendment in order to subvert a jury may fall under into the ambit of perjury.
Quote from: Ideologue on November 18, 2013, 11:32:36 PM
Basically just what Beeb said.
Sure but whether or not that is something a person would want to do depends on the relationship between the brothers, no? Besides a cynical person could say think that he just did so to help protect and alleged rapist.
Quote from: Ideologue on November 18, 2013, 11:32:36 PMBut actually--while I would have to look it up--I would suspect fraudulently claiming the Fifth Amendment in order to subvert a jury may fall under into the ambit of perjury.
Presumably they would have to prove that.
Quote from: garbon on November 18, 2013, 11:35:48 PM
Quote from: Ideologue on November 18, 2013, 11:32:36 PM
Basically just what Beeb said.
Sure but whether or not that is something a person would want to do depends on the relationship between the brothers, no? Besides a cynical person could say think that he just did so to help protect and alleged rapist.
Which is better..?
QuoteQuote from: Ideologue on November 18, 2013, 11:32:36 PMBut actually--while I would have to look it up--I would suspect fraudulently claiming the Fifth Amendment in order to subvert a jury may fall under into the ambit of perjury.
Presumably they would have to prove that.
Insofar as it is a crime, yes.
Actually, it's kind of an interesting scenario, and it marks literally the first time I've been interested in a legal question in well over a year. I think we should ask Mihali, he'd know.
And by "know" I mean "Mihali still has a Westlaw account."
Quote from: Ideologue on November 18, 2013, 11:39:21 PM
Quote from: garbon on November 18, 2013, 11:35:48 PM
Quote from: Ideologue on November 18, 2013, 11:32:36 PM
Basically just what Beeb said.
Sure but whether or not that is something a person would want to do depends on the relationship between the brothers, no? Besides a cynical person could say think that he just did so to help protect and alleged rapist.
Which is better..?
Protecting a rapist out of misguided sense of family loyalty at least seems a little understandable as compared to be a child rapist.