A judge says a Michigan couple accused of trying to extort money from actor John Stamos have offered no evidence that they ever 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.

Federal Judge R. Allan Edgar said Thursday that’s an issue for the trial next week in Marquette and has refused 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. Coss and the actor met in Florida in 2004.