RAPID CITY - A judge will decide whether a Rapid City man convicted in June of raping two young boys will be granted a new trial based on new evidence in the case.

Thomas Muhm, 31, was convicted by a jury of molesting two boys between July 2003 and January 2006.

Muhm faces a maximum sentence of 130 years in prison. He has yet to be sentenced.

At a hearing Thursday before 7th Circuit Judge Jack Delaney, Muhm's attorney, Tim Rensch, said his client should get a new trial based on evidence that an older brother to the two boys, also a juvenile, molested them.

Rensch said if he had been able to use this additional evidence in trial, doing so most likely would have produced an acquittal.

Tracey Decker, deputy state's attorney for Pennington County, said that if anything, a new trial would most likely end in additional charges against Muhm for molesting a third victim.

Decker objected to a retrial.

Delaney already has denied a new trial for Muhm on other grounds.

He did not set a date for when he would issue his decision on this argument.

Contact Katie Brown at 394-8318 or katie.brown@rapidcityjournal.com