DOVER, N.H. — A judge has denied a prosecutor’s request for a mistrial in the case of a New Hampshire man accused of raping and killing a 19-year-old college student.
Peter Hinckley made his motion after opening statements from both sides Wednesday in the trial of 31-year-old Seth Mazzaglia of Dover.
Hinckley said defense attorney Joachim Barth, made misleading statements.
Judge Steven Houran denied the request.
Mazzaglia is charged with first-degree murder in the death of Elizabeth ‘‘Lizzi’’ Marriott on Oct. 9, 2012. He maintains she died during rough consensual sex.
Marriott, of Westborough, Massachusetts, was a student at the University of New Hampshire and was lured to Mazzaglia’s apartment by his then-girlfriend, Kathryn McDonough.
Hinckley said Mazzaglia wouldn’t accept Marriott’s rejection. Barth said McDonough caused Marriott’s death.