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The defense team for Eddie Ray Routh tried unsuccessfully Tuesday to convince a Texas judge to declare a mistrial in the capital murder case against the former Marine, who shot and killed "American Sniper" Chris Kyle and a friend two years ago.
Prosecutors told Judge Jason Cashon that they had misrepresented two glass vials as belonging to Routh when they were removing items from his home. The vials were placed into a box of evidence as drug paraphernalia. They had come from a forensic scientist who was running tests inside the house.
Lawyers for Routh, 27, sought a mistrial after the disclosure. The judge instead instructed the jury to disregard the vials. Prosecutors rested their case on the fifth day of testimony. The life story of Kyle, a former Navy SEAL, is depicted in the Oscar-nominated film "American Sniper."