A man who was convicted 10 years ago in Leavenworth of rape stemming from the sexual abuse of a child is arguing that evidence that was not introduced during his trial will help prove he is innocent.

A man who was convicted 10 years ago in Leavenworth of rape stemming from the sexual abuse of a child is arguing that evidence that was not introduced during his trial will help prove he is innocent.

Kevin D. Skaggs also is requesting that DNA evidence from his case be tested.

A hearing resulting from petitions filed by Skaggs took place Thursday in Leavenworth County District Court. Skaggs, who remains in the custody of the Kansas Department of Corrections, was not in court for the hearing. But he was represented by attorney Kevin Reardon.

Skaggs, 39, was convicted in 2007 of three counts of rape involving sex with a child younger than 14, one count of aggravated criminal sodomy, two counts of sexual exploitation of a child and one count of promoting obscenity to minors.

The crimes reportedly occurred in late 2004 and early 2005.

Skaggs was sentenced to 310 months, or 25 years and 10 months, in prison.

The conviction previously has been upheld by the Kansas Court of Appeals, according to court records.

In a petition filed last year, Skaggs argued that evidence related to a second examination of the victim would have been favorable to his defense. He has accused the prosecution of suppressing the evidence.

In court Thursday, Reardon said he planned to file a motion seeking a court order to waive requirements Children's Mercy Hospital, Kansas City, Missouri, would have under the Health Insurance Portability and Accountability Act regarding medical records.

Reardon said the records being sought are related to examinations of the victim.

“Apparently those were not part of the trial,” he said.

District Court Judge Gunnar Sundby scheduled a hearing on the motion for April 12.

Sundby said Skaggs does not have to be present for the hearing. The judge said he will not prepare an order for Skaggs to be transported from prison for the hearing.

“This is simply a legal argument,” Sundby said.

Skaggs also is seeking DNA testing in order to offer evidence that he argues was not technology available at the time of his trial.

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