MIAMI – A 55-year-old man accused of his daughter’s disappearance and her mother returned to federal court on Monday.

Family and friends of Gustavo Alfonso Castano Restrepo, the man prosecutors believe kidnapped and killed then-mistress Liliana Moreno and their 8-year-old daughter Daniella on Memorial Day 2016, left a federal courthouse of Miami following his indictment.

Federal prosecutors previously told a judge that Castano had a motive: revenge for never wanting the child, financial difficulties related to child support and because the affair ended his marriage.

Castano’s attorney, Philip Louis Reizenstein, argued the case was supported by circumstantial evidence and conjecture, and said prosecutors don’t know how they could have died because their bodies were never found.

Faced with a number of kidnappings that resulted in death, Castano is eligible for the death penalty if convicted.

“I entered a not guilty plea,” Reizenstein said. “We asked for discovery, which is all the information in the record that the government has to provide, and we asked for the case to go to trial.”

The next court hearing in the case is likely to be set for next month.

“We expect to go to trial in this case,” Reizenstein said. “The only other wrinkle here is that the government has to make a decision whether or not to seek the death penalty. If they do, it will require some work between defense attorneys, prosecutors and the court. We’re prepared for that, but of course we really hope they don’t.”