Scott Sippola's lawyers accused federal agents of intentionally losing or destroying the photos "in bad faith" and asked a judge in Marquette federal court to dismiss the charges, The New York Post reported, citing documents obtained by The Smoking Gun.
Prosecutors say Sippola and his girlfriend, co-defendant Allison Coss, never had the photos to begin with.
The pair were arrested in December and charged with interstate conspiracy to extort money. They head to trial July 12.
Celebrity Breakups and divorces of 2014 [PHOTOS]