A judge says the Marquette couple accused of trying to extort money from actor John Stamos have offered no evidence that they actually possessed unflattering photos as part of a legitimate business deal.
Allison Coss and Scott Sippola claim the FBI lost or destroyed them during a search of his Upper Peninsula home in December.
But federal Judge R. Allan Edgar said Thursday that's an issue for trial next week in Marquette. He's refusing to draft a jury instruction that could cast doubt on the government's case.
Prosecutors deny the FBI lost any photos, and insist the pictures don't exist.
Coss and Sippola are accused of demanding $680,000 from Stamos or they would sell photos of him, with cocaine and strippers, to magazines.
Coss and the actor met in Florida in 2004.
Click here to read the trial brief.