TOPEKA, Kan. (WIBW) _ A Shawnee County judge will not delay the new trial for a Topeka father charged with killing his infant son.

The first trial for 31-year-old James Maloun ended in a hung jury in October.

On Wednesday, District Judge Richard Anderson denied the state's motion for a continuance. The trial will proceed as scheduled February 19th.

Prosecutors say Maloun shook his seven-month-old son Gage, causing severe brain injury that led to the child's death in 2007.