An appeals court has cleared the way for a trial of Michael Jacques, who is accused of kidnapping and killing his 12-year-old niece.
The court says prosecutors can use evidence that Jacques tried to shift the blame to a make-believe international sex ring.
The decision by the U.S. Circuit Court of Appeals in New York overturns Vermont Judge William Sessions.
The trial court judge originally ruled the government violated Jacques’ rights because he had no lawyer present when he discussed the plans with a friend who was working with the FBI.
Federal prosecutors are seeking the death penalty against Jacques in the death of Brooke Bennett.
Jacques has pleaded not guilty. A trial is set for 2013.