It may be several months before a federal court issues a ruling in the case of a Vermont man charged with abducting, sexually assaulting and killing his 12-year-old niece in 2008.

A hearing regarding Michael Jacques was held Thursday before a three-judge appellate panel in New York City.

Jacques awaits trial. He’s been in federal custody since Brooke Bennett went missing. Her body was found a mile from his home. He’s pleaded not guilty.

Prosecutors want to overturn a judge’s ruling last year that bars past allegations of sexual misconduct with minors; the judge said Jacques was never convicted.

Assistant U.S. Attorney William Darrow told the Burlington Free Press the panel asked a lot of questions about the prior allegations and about whether Jacques plotted to plant evidence.