DOVER, N.H. (AP) -- 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.