BURLINGTON — The U.S. Supreme Court has declined to review a ruling in the case of a Vermont man potentially facing the death penalty in the sexual assault and killing of his 12-year-old niece in 2008.

Lawyers for Michael Jacques said the 2nd U.S. Circuit Court of Appeals was wrong when it ruled that jurors in his upcoming trial could hear about allegations of an obstruction-of-justice scheme Jacques allegedly tried to carry out while in jail.

The Burlington Free Press reported that the high court considered the request at a closed-door session last week and released its decision Monday, without comment.

Jacques pleaded not guilty to charges that he abducted, sexually assaulted and killed Brooke Bennett.

Prosecutors want to use evidence that Jacques tried to shift blame to a make-believe sex ring.