BURLINGTON — The trial of Michael Jacques, who is facing the federal death penalty in the sexual assault and killing of his 12-year-old niece, is now scheduled for September 2013.

U.S. District Court Judge William Sessions scheduled the trial during a status conference Friday with prosecutors and defense attorneys representing Jacques.

The conference came four years to the day after Jacques was arrested and charged with killing his niece, Brooke Bennett.

Jacques, 46, of Randolph, is being tried in federal court, and prosecutors have said they will seek the death penalty against him.

He has pleaded not guilty to charges that he abducted, sexually assaulted and then killed his niece in June 2008.

Brooke’s grandmother said the delay in the trial is taking a toll on the entire family

“Terrible, terrible. We have another birthday coming up, we will have holidays again without her,” Lucinda Milne told WCAX-TV.

The trial had been scheduled for last September but was delayed because of a series of legal motions.

Lawyers are waiting for a ruling from the 2nd U.S. Circuit Court of Appeals in New York on whether past allegations of sexual misconduct can be mentioned.