A judge has granted a motion to allow testing of DNA evidence in the case of a man who was convicted of rape and robbery in Lansing.

A judge has granted a motion to allow testing of DNA evidence in the case of a man who was convicted of rape and robbery in Lansing.

Gregory Mark George Jr., 40, is serving a prison sentence for charges of rape, aggravated robbery and aggravated intimidation of a witness.

His earliest possible release date is August 2052.

The charges stemmed from a 2004 robbery at a Lansing convenience store. George, who was living in Kansas City, Kansas, at the time of the incident, was convicted of raping a clerk during the robbery.

An initial trial ended in a mistrial before George was convicted in 2006. At the time, he also was convicted of a kidnapping charge. But the conviction for this charge was reversed in 2010 by the Kansas Court of Appeals, and he was re-sentenced, according to court documents.

In 2013, George filed a petition for DNA testing of hairs that were collected as part of his case but never tested.

In June, the Kansas Supreme Court reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the petition.

The Kansas Supreme Court remanded the case back to Leavenworth County District Court, asking a district judge to review a stipulation regarding DNA evidence that was used during George’s second trial. A district judge also has been asked to make a determination whether the requested testing may produce noncumulative, exculpatory evidence that could be helpful in exonerating George.

Alice Craig, an attorney for George, argued Friday in court that the stipulation that was prepared for George’s second trial is not sufficient to deny the motion for DNA testing.

She said the stipulation addresses some DNA evidence but not the hairs. She said the stipulation did not deny the existence of other DNA evidence at the scene.

County Attorney Todd Thompson said the Kansas Supreme Court gives wide latitude for testing old DNA evidence.

District Judge Michael Gibbens granted the motion.

Court documents indicate attorneys who have been working on George’s behalf are with the Paul E. Wilson Project for Innocence and Post-Conviction Remedies, which is a program of the University of Kansas School of Law.

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