ST. PAUL, Minn. (CBSDFW.COM/AP) – The jury weighing former Minnesota Gov. Jesse Ventura’s defamation lawsuit against “American Sniper” author Chris Kyle has told the judge they don’t think they can reach a unanimous decision.

U.S. District Judge Richard Kyle told jurors to keep trying. Monday was their fifth day of their deliberations.

Judge Kyle told jurors the case might have to be re-tried if they can’t reach a verdict.

Ventura says Kyle defamed him by fabricating a story in his best-selling memoir. Kyle wrote he decked Ventura in a California bar in 2006 after Ventura allegedly said Navy SEALs “deserve to lose a few.”

Ventura’s attorney has asked for millions in damages.

Kyle was shot and killed on a shooting range last year.  Iraq War veteran Eddie Ray Routh is charged with his murder.  Friends and family say Kyle and a friend took Routh to the shooting range to help him deal with life after war.

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