A prosecutor plans to contest a decision to grant a prison inmate’s request for additional DNA testing in a Leavenworth County case that resulted in a rape conviction.

A prosecutor plans to contest a decision to grant 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 more than 25 years in prison.

Skaggs, who is serving his sentence with the Kansas Department of Corrections, argues that he is innocent.

In June, District Judge Gunnar Sundby granted Skaggs’ request for forensic testing of a DNA sample that was collected in the case.

Sundby has since retired from his duties as a district court judge.

The case is now assigned to District Judge Michael Gibbens.

During a hearing Tuesday, County Attorney Todd Thompson said the prosecution plans to file a motion to ask Gibbens to reconsider Sundby’s ruling on the DNA issue.

Tuesday’s hearing had been scheduled as a status hearing in Leavenworth County District Court. Skaggs’ attorney, Kevin Reardon, said he had asked that the hearing be placed on the docket so that the DNA testing could be coordinated with an expert being retained by the inmate’s family.

However, Skaggs had not been transported to the Justice Center for the hearing.

Gibbens scheduled another status hearing for Sept. 27. Gibbens asked that Reardon prepare an order to have Skaggs transported for the hearing.

A Kansas Department of Corrections website indicates Skaggs is being housed at the Lansing Correctional Facility.

Before retiring in June, Sundby also issued a ruling for a separate motion that had been made by Skaggs. Sundby denied this motion, which was filed under a law used to attack sentences.

After the ruling, Skaggs filed a motion asking that the decision be reconsidered.

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