Successful Invocation Of The Evil Twin Defense

In law school, we sometimes joked about the Evil Twin Defense. It goes something like this:

Your Honor, I know that the evidence is that a person who looks exactly like me was caught on videotape doing these awful things. And I know I have no alibi but it wasn’t me. You see, it was my evil twin. He looks just like me. That’s why it looks like me on the videotape. That’s why you found blood that’s an exact genetic match for my own at the scene of the crime. That’s why the tape-recorded admission sounds just like me. But you’ve gotta understand, my evil twin, he even uses my name to try and get out of trouble. So please don’t find me guilty because it was my evil twin who did it, not me.

We joke about it because it obviously it lacks a lot of credibility. It’s all you’ve got left when the authorities have overwhelming evidence that it was you who did it.

But today, I found a guy “not guilty” of a traffic violation based on a successful invocation of the “evil twin” defense. He had documents to back him up. First, the signature on his driver’s license and the signature on the ticket didn’t look a thing alike — and the signature on the ticket appeared to have been written with some degree of confidence and strength. Second, he had two police reports with him from a month before and a month after the citation showing that he had complained to law enforcement authorities about his brother using his identity. Third, he had a judicial clearance, indicating that another judge in a different matter had found that indeed his brother had used a false name and the defendant before me (the good brother) was not guilty of any crimes, and instead it was the evil brother. It was a pretty convincing display of paperwork.

The evil twin is currently in prison and the good brother has cut off contact with him. Can’t say as I blame him.

So that’s the law tip for this week — if you’re going to claim that your evil twin did it, not you, find some documentary evidence to back up your claim. We lawyers joke about the “evil twin defense,” but it can succeed.

Burt Likko

Pseudonymous Portlander. Homebrewer. Atheist. Recovering litigator. Recovering Republican. Recovering Catholic. Recovering divorcé. Recovering Former Editor-in-Chief of Ordinary Times. House Likko's Words: Scite Verum. Colite Iusticia. Vivere Con Gaudium.

2 Comments

  1. I had written a brilliant response to this blog; drawing a comparison to evil twins and the perception of good and bad brothers. I also wrote that the title shifts from sibling to sibling over the course of two or three years. Of course when I left to go get a tuna sandwich I was kicked off line. I lost the whole thing. So be it, it wasn’t very good anyway. The communications network is dodgy at best out here in the Al Anbar Province, but we are thankful for what we’ve got. I wanted to touch base with you because it has been several years and a virtual life time ago since our last encounter. I think I saw you for a few minutes on Zinnia Street in Palmdale back in 2000 or 2001. I think I made a comment saying that ‘each day is better than the next’ or something like that.Well I lived in Germany near your parents for a little while and I have gone farther east to Iraq, Kuwait, and the UAE. In fact, I have been working in Iraq for about 33 months. It’s a lot like Lancaster without the parolees.Now I can honestly say that I have extracted my family from the AV sink hole and relocated to Texas in a bedroom community west of Houston. I got a nice house for everyone to live in and we are near some of the best schools in the country. Of course this will come in handy because I am raising four kids ages 4 to 15. I also have the cat, the wife, the mortgage and the car payment but I’m doing alright. I have certainly seen worse days than this, but I am now stronger for having experienced (survived) the ‘evil twin’ persona. Keep in touch. I am sure that the two of us would probably agree on a great number of things.euroyankee2003 (at) yahoo . com

  2. I actually ran in to your brother the other day; I simply did not recognize him right away and I felt terrible about it later. Seems to me that both you and he have managed to get things worked out all right. That makes me very happy for both of you.As for the parolees? They mostly hang out around Sierra Highway. I only deal with them in the courthouse, which is a rather tightly-controlled environment.

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