A man who was convicted more than 10 years ago of rape stemming from the sexual abuse of a child was back in court in a Leavenworth County courtroom Thursday.

A man who was convicted more than 10 years ago of rape stemming from the sexual abuse of a child was back in court in a Leavenworth County courtroom Thursday.

Kevin D. Skaggs, 40, argues he is innocent. And he is seeking evidence that was not introduced during his trial as well as testing of a DNA sample from the case.

Following a hearing Thursday, District Judge Gunnar Sundby will review the issues and provide his ruling in writing.

Skaggs was convicted in 2007 of rape involving sex with a child younger than 14, aggravated criminal sodomy, sexual exploitation of a child and 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, and he continues to serve his sentence with the Kansas Department of Corrections.

During Thursday's hearing in Leavenworth County District Court, Skaggs' attorney, Kevin Reardon, said his client is seeking the release of photographs that were taken of the victim at a hospital. Skaggs also is seeking the forensic testing of DNA evidence.

Reardon argued his client would be entitled to the photographs under discovery laws. Reardon said testing of the DNA sample may produce evidence that is relevant to Skaggs' claim that he was wrongfully convicted.

Skaggs testified during Thursday's hearing. He said he learned of the photographs through an appellate attorney.

Skaggs also said an expert can conduct DNA testing using a technique that was not available during the time of his trial.

As part of his cross examination, Assistant County Attorney Michael Jones questioned Skaggs about an earlier appeal that resulted in his conviction being upheld. Jones also asked about a ruling by appellate judges that found the lawyer who represented Skaggs during his trial was not ineffective.

Skaggs mother, Susan Supplee, also testified about her contact with a lawyer, who has since died, and a hospital concerning the photographs.

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