A hearing has been scheduled for later this year to take up motions stemming from a Leavenworth man's 2007 rape conviction.
A hearing has been scheduled for later this year to take up motions stemming from a Leavenworth man’s 2007 rape conviction.
The motions are connected to the conviction of Kevin D. Skaggs.
A Leavenworth County jury convicted Skaggs 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, 40, maintains that he is innocent.
In June, District Judge Gunnar Sundby granted a request by Skaggs for additional testing of DNA evidence from the rape case. But Sundby denied a second motion filed by Skaggs under a law used by inmates seeking release.
Skaggs has filed a motion asking the court to reconsider the denial of the second motion.
And County Attorney Todd Thompson has filed a motion asking the court to reconsider the decision to allow additional DNA testing.
Skaggs appeared Thursday before District Judge Michael Gibbens. Gibbens is now presiding over the matter following the retirement of Sundby.
Skaggs’ attorney, Kevin Reardon, suggested scheduling a hearing for the two motions to reconsider.
Gibbens said he would be unable to schedule the hearing in October. The judge recommended a date in November, indicating he would have two hours available for the hearing.
Reardon said he was not sure two hours would be enough time.
“It’s pretty involved,” he said.
Gibbens said he probably would have to schedule the hearing in December.
The judge said he will set aside three hours on the morning of Dec. 20.
A website for the Kansas Department of Corrections indicates Skaggs currently is being housed at the Lansing Correctional Facility. His earliest possible release date is May 30, 2029.