ROCHESTER, N.Y. (WSYR-TV) — The notorious case of former doctor Robert Neulander was back in court before a panel of the state’s second-highest ranking judges, Wednesday, September 6.

NewsChannel 9 was the only news organization in the courtroom at the Fourth Department of the state’s Appellate Division.

Representing Neulander was Alexandra Shapiro and an associate who worked his trial. Representing the Onondaga County District Attorney’s Office was Bradley Oastler.

One point of contention for Neulander’s team is a local judge’s instruction to the jury.

Judge Thomas Miller gave what’s called “missing witness instructions,” allowing the jury to make an inference that Neulander’s daughter, Jenna, wasn’t called for a specific reason that could discredit her father.

Neulander’s attorney says it was improper, claiming their case focused on scientific evidence rather than circumstances, and Jenna Neulander wouldn’t have been an appropriate witness.

The DA’s Office countered the trial was proper.

The Appellate Division can take weeks or months to make its own ruling.

As the justices deliberate, Neulander is in prison in Elmira serving a minimum of 20 years.