What happens when the victim in a criminal case doesn’t show up for court to testify against the suspect? One or two things can happen, the state can dismiss the case, or the case can be continued. That’s what Judge Joe McCarville did when the victim in an aggravated battery case didn’t both to show for court. He continued the preliminary hearing for Brigit Hippen.

Hippen already faces a second trial for 2nd degree murder in association with the death of her 2-month old child, but she also faces the aggravated battery and criminal damage to property charges for a separate incident.

The case goes back to May 29, when Hippen allegedly punched another woman in the face for dancing with her boyfriend, Oscar Perez. The victim in the case, Desire Jenson apparently suffered some broken teeth. Hippen also allegedly caused damage to the victims vehicle. But, Monday, the victim was a no show. The state was granted a continuance, and the hearing rescheduled for December 28.

In the 2nd degree murder case, Hippen’s accused of being reckless by placing a blow dryer on a counter near the crib her child was sleeping in, this in the bathroom of the apartment she shared with Perez. She said she placed it there because of concern for the child being to cold. The child died from hyperthermia as a result of that. It was back on February 23 of last year Hippen and the father of the child Oscar Perez took the child to Promise Regional Medical Center, but the child was pronounced dead shortly after.

The state alleges Hippen was reckless with her acts, and showed extreme indifference to the value of human life.

The first trial ended when Judge Trish Rose declared a mistrial when the jury could not render a verdict. The new trial date is set for January 10, 2012.