An evidentiary hearing has been scheduled for a man convicted of rape who is seeking additional forensic testing of evidence.

An evidentiary hearing has been scheduled for a man convicted of rape who is seeking additional forensic testing of evidence.

Kevin D. Skaggs, 41, was convicted in 2007 in Leavenworth County District Court of rape involving sex with a child younger than 14, aggravated criminal sodomy, sexual exploitation of a child and promoting obscenity to minors.

Skaggs, who maintains he is innocent, was sentenced to 310 months, or 25 years and 10 months, in prison. He continues to serve the sentence with the Kansas Department of Corrections.

In June 2018, then District Judge Gunnar Sundby granted a request by Skaggs for additional forensic testing of evidence in the case.

Sundby has since retired as a district judge. District Judge Michael Gibbens took over Sundby’s former docket.

County Attorney Todd Thompson filed a motion asking Gibbens to reconsider Sundby’s ruling.

In December, Gibbens set aside the earlier ruling. And in May, Gibbens issued a memorandum decision, denying Skaggs’ motion for forensic testing.

In the written decision, Gibbens stated that a state law concerning forensic DNA testing is not broad enough to require the type of testing being sought by Skaggs.

Gibbens has been asked to reconsider this decision.

David Miller, an attorney for Skaggs, appeared Thursday in Leavenworth County District Court. But Skaggs did not appear because of an apparent mixup regarding an order for him to be transported from prison to court.

Even though Skaggs was not present for the hearing, Gibbens granted a request for a court order for funding for an expert witness.

Miller said the expert will charge $3,000 for a report, which already has been prepared, and $3,000 for his testimony.

Gibbens said he will need to hear expert testimony before making a decision.

The judge said he also believes Skaggs does not have resources to pay the fees for the expert witness.

“I’ll approve up to your requested amount,” Gibbens said.

But the judge said Miller still has to submit a request to the State Board of Indigents’ Defense Services for the funding.

Gibbens also scheduled an evidentiary hearing for Dec. 12.

Miller said this date should work subject to the availability of the expert witness.

Twitter: @LVTNewsJohnR