Attorneys for David Edenfield told a Glynn County Superior Court judge Thursday the outburst by District Attorney Stephen Kelley inflamed jurors and unfairly influenced their sentence after his October trial.

Edenfield, 61, was the first of three family members to stand trial for the 2007 slaying of young Christopher Barrios, who was sexually assaulted before being choked to death.

Kelley apologized in court after calling Edenfield an "animal" at the trial and Judge Stephen Scarlett immediately instructed jurors to disregard the remark.

Prosecutor John Johnson argued Thursday the comment wasn't improper under state law.