US

Judge in 'American Sniper' case denies defense request for mistrial over glass vials

Taya Kyle, wife of former Navy SEAL Chris Kyle, talks with family before the start of the capital murder trial of former Marine Cpl. Eddie Ray Routh at the Erath County, Donald R. Jones Justice Center in Stephenville, Texas, Tuesday, Feb. 17, 2015. Routh is charged with the 2013 deaths Chris Kyle and his friend Chad Littlefield at a shooting range near Glen Rose, Texas. (AP Photo/Mike Stone, Pool)

Taya Kyle, wife of former Navy SEAL Chris Kyle, talks with family before the start of the capital murder trial of former Marine Cpl. Eddie Ray Routh at the Erath County, Donald R. Jones Justice Center in Stephenville, Texas, Tuesday, Feb. 17, 2015. Routh is charged with the 2013 deaths Chris Kyle and his friend Chad Littlefield at a shooting range near Glen Rose, Texas. (AP Photo/Mike Stone, Pool)  (The Associated Press)

A judge has denied a defense request for a mistrial in the case of a former Marine accused of killing "American Sniper" author Chris Kyle and Kyle's friend.

The Dallas Moring News (http://bit.ly/1JnCtCr ) reports the request came Tuesday in the trial of Eddie Ray Routh after prosecutors said they mistakenly suggested glass vials presented earlier belonged to Routh. Prosecutor Alan Nash said "inartful" questioning likely made jurors believe the vials stored in boxes of evidence seized from Routh's house belonged to him.

Testimony showed crime lab workers put the vials in the boxes to preserve drug evidence.

Judge Jason Cashon said the error could be corrected and instructed the jury to disregard the vials.

The trial has drawn intense interest, partly because of an Oscar-nominated film based on Kyle's memoir.

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Information from: The Dallas Morning News, http://www.dallasnews.com