By Jim Melwert

NORRISTOWN, Pa. (CBS) — As comedian Bill Cosby prepares his defense to sex assault charges in Montgomery County, a judge says the hearing scheduled for February 2 will be limited specifically to the issues regarding a non-prosecution agreement.

February 2 was originally scheduled to be Bill Cosby’s preliminary hearing, but following a sweeping defense motion asking for charges to be dropped, or for the Montgomery County DA”s office to be disqualified, the hearing was changed to address that motion. But in a response from prosecutors, they questioned the legality of holding such a hearing before a prelim. Now Judge Stephen O’Neill is ordering the hearing specifically address issues regarding a non-prosecution agreement.

The defense claims then-DA Bruce Castor made the agreement with Cosby’s attorneys in 2005 to enable him to testify freely in a civil trial brought by the victim. Current DA Kevin Steele argues there’s no such thing as a non-prosecution agreement, and there’s no record anywhere of such an agreement being made.