On Tuesday, a judge ruled to prohibit the use of FBI records as evidence in Jack McCullough’s murder trial, according to a Daily Chronicle article.

McCullough was arrested in 2011 for the alleged kidnapping and murder of Maria Ridulph, 7, in 1957.

McCullough’s attorney, Robert Carlson, argued to keep the records because they could be the only accurate account of events, according to the article.

Prosecutor Julie Trevarthen said the reports should not be used because there is no firsthand evidence for police officers in the records. The report consisted of statements from military recruitment officers who allegedly spoke with McCullough in Rockford around the time Ridulph disappeared.

McCullough has pleaded not guilty to charges of murder, kidnapping and abduction of an infant. He is currently being held at DeKalb County Jail at $3 million bond.