A judge has granted a prison inmate’s request for additional DNA testing in a Leavenworth County case that resulted in a rape conviction.

A judge has granted a prison inmate’s request for additional DNA testing in a Leavenworth County case that resulted in a rape conviction.

Kevin D. Skaggs, 40, 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.

Skaggs argues that he is innocent.

In a written ruling filed last week, Judge Gunnar Sundby granted Skaggs’ request for forensic testing of a DNA sample that was collected in the case.

“The petitioner will have to contact his expert to arrange for the testing and analysis and provide the report to the state and the court in a timely fashion,” Sundby wrote in his decision.

Once the report has been received, a hearing will need to take place to “determine the weight such evidence will carry as to whether a new trial would be ordered.”

Sundby issued the written ruling before retiring from his duties as a district judge. Sundby presided over a hearing on the motion last month.

In his written decision, the judge cited a recent Kansas Supreme Court decision that reversed a ruling by Sundby to deny a petition for DNA testing in the case of another man who was convicted of crimes in Leavenworth County. That case has been remanded back to District Court for further review.

Sundby issued another written ruling last week in which he denied a second motion that had been made by Skaggs.

The judge found this motion to be successive, and stated he was not required to hear it under a law used to attack sentences. The judge also wrote that this motion involved an issue that has been known for more than 10 years but was not argued earlier in the case.

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