Rape Conviction Presented in Lucas’ Penalty Phase

The prosecution opened the penalty phase of David Lucas’ murder trial Monday and then promptly rested after introducing evidence of his 1973 rape conviction.

No witnesses were called by prosecutors, but the defense put on a daylong parade of witnesses to try to persuade the same jury that convicted Lucas of three throat-slashing murders to spare his life.

The only choices the San Diego Superior Court jury has is to recommend whether Lucas, 34, of Spring Valley should die in the gas chamber or spend the rest of his life in prison without the possibility of parole.

Deputy Dist. Atty. George Clarke introduced the evidence of the 1973 conviction for raping a 22-year-old waitress at knifepoint when he was 18 years old.

The defense attorneys and prosecution agreed to a stipulation that Lucas had been found guilty on Aug. 16, 1973, of rape.

The defense put on testimony by Lucas’ sister and brother, who described their father as a cold man who was cruel to Lucas and sometimes hit him.

Many family friends testified, all urging the jury to choose life without parole.

Catherine McEvoy, Lucas’ sister, pleaded with the jury to spare her brother.

“If you put him to death, we can’t write him any more or see him any more. I’m pleading. Save him,” McEvoy said. She began crying and Superior Court Judge Laura Hammes called a recess.

Lucas was convicted June 21 of first-degree murder for killing University of San Diego student Anne Swanke, 22, on Nov. 20, 1984, and Suzanne Jacobs, 31, and her 3-year-old son, Colin, on May 4, 1979, in their Normal Heights home.

Jurors acquitted Lucas of one murder and deadlocked after voting 11-1 for guilty in two other slayings.

He was also convicted of the kidnaping and attempted murder of Jodie Santiago Robertson, 34, as she left an El Cajon restaurant June 8, 1984.

The trial continues today.