WICHITA, Kan. (KSNW) — A man serving life in prison for raping and trying to kill a 7-year-old Wichita girl is trying a new way to fight his conviction.
Corbin Breitenbach has filed a civil action against the State of Kansas. For him to be at a hearing on the matter next week, he has been moved from the prison in El Dorado back to the Sedgwick County Jail.
The child was attacked at a west Wichita apartment in June of 2017. In 2018, a jury convicted Breitenbach of attempted capital murder, rape, aggravated criminal sodomy and aggravated burglary. Judge Joe Kisner sentenced him to life in prison without the possibility of parole.
Last year, the Kansas Supreme Court denied Breitenbach’s appeal. He has also tried appealing to the U.S. Supreme Court.
In his civil action against the State, Breitenbach claims judicial bias, prosecutorial misconduct, ineffective assistance of counsel, and that his sentence violates the Eighth Amendment prohibition on cruel and unusual punishment. They are similar to the claims he made in his failed appeals.
He wants Kisner, District Attorney Marc Bennett, and the defense attorneys to be called as witnesses.
Robin Summer, the attorney for the State of Kansas, filed a response to Breitenbach’s hand-written motion asking the court to deny it.
A hearing is set for Aug. 10.