After a judge declared a mistrial in a 2nd degree murder case back in August, Judge Trish Rose has set a date for a new trial.

Brigit Hippen faces a second trial for the death of her 2-month old child with Judge Rose setting a tentative date for trial of December 13. She also set a motions deadline of October 31.

The state contends Hippen was reckless when she placed a blow dryer on a counter near the bassinet where her child was sleeping. Her daughter, Karina Perez, had a body temperature of 108 degrees when she died. Hippen testified she had placed the hair dryer on low on a counter near the baby’s bassinet to warm her up, then fell asleep for about 3-three hours. The child was taken to whats now known at Hutchinson Regional Medical Center where she was pronounced dead shortly after arrival. The child reportedly died from hyperthermia as a result. All this occurring on February 23 of last year.

While the state alleges Hippen was reckless and showed extreme indifference to the value of human life, the defense contends it was terrible accident. The previous jury apparently struggled with whether what she did rises to the level of being reckless. They apparently could not come to a verdict.

Assistant District Attorney Cheryl Allen says she she plans to seek permission to present evidence of a previous conviction for DUI. She asked permission in the last trial when she says the defense opened the door, but that was denied by Judge Trish Rose.