A trial has been continued for a man who is accused of spitting in the face of an officer at the Leavenworth County Jail.

A trial has been continued for a man who is accused of spitting in the face of an officer at the Leavenworth County Jail.

Matthew Astorga’s case had been scheduled to go to trial later this week in Leavenworth County District Court. But the trial has been continued until Aug. 7, according to court records.

A continuance was granted Monday during a pretrial motions hearing.

Astorga, 41, is charged with battery on a county corrections officer. This crime is alleged to have occurred July 15, 2014, at the County Jail.

In a written motion for a continuance, Astorga’s attorney, Matthew Tillma, stated the defendant “is still conducting his own investigation into this case and needs more time to finish.”

Tillma stated that he “believes there may be a jail or county policy that requires employees to follow certain procedures when coming into contact with bodily fluids, especially ones where the individual they come from is known to carry a communicable disease.”

The attorney stated in his motion that the defense would like to have time to issue a subpoena to determine if such a policy existed at the time of the alleged battery and if officers followed the policy. Tillma stated “this has the potential to affect witness credibility as well as being exculpatory evidence.”

Tillma also stated that he previously had trouble communicating with Astorga about the pending criminal trial because the defendant was focused on a civil case concerning his treatment at the Leavenworth County Jail. But a judge has now issued a ruling in the civil case.

Tillma also sought a change of venue for the upcoming battery trial. But a judge denied this request during Monday’s hearing, according to court records.

Astorga also is awaiting to be resentenced for a 2009 first-degree murder conviction.

This conviction stemmed from the 2008 shooting death of Ruben Rodriguez, which occurred in Leavenworth.

Astorga initially received what is known as a Hard 50 sentence for the murder conviction. This means he received a life sentence without the possibility of parole for at least 50 years.

But he now has to be resentenced because the state’s old Hard 50 law was struck down by a U.S. Supreme Court decision.

Under a new law, a jury will have to decide whether Astorga should once again receive the Hard 50 sentence.

The sentencing trial in the murder case is scheduled for Aug. 22. A pretrial motions hearing is scheduled in this case for May 20.

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