A judge in the U.S. declined Thursday to dismiss capital murder charges against an Alabama man accused of killing his wife during a 2003 honeymoon diving trip to Australia.

Jefferson County Circuit Judge Tommy Nail denied motions to dismiss the charges against 33-year-old Gabe Watson in the death of his 26-year-old wife, Tina. Defense attorneys had asked the judge to throw out the charges based on double jeopardy, saying Watson had already served 18 months in an Australian prison after pleading guilty to manslaughter.