By Jim Melwert

PHILADELPHIA (CBS) — Bill Cosby’s sex assault re-trial in Norristown is set to begin in just over two months. But the comedian’s defense team argues charges should be thrown out because prosecutors can’t prove the alleged encounter happened within the statute of limitations.

Based on statute of limitations and on testimony from his accuser, Cosby’s defense team argues the incident would have had to have happened between December 30th, 2003 and January 20th, 2004.

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Andrea Constand says Cosby drugged her and molested her while she was incapacitated at his Cheltenham home. Constand was never able to pinpoint an exact date, but she testified it happened in January, 2004.

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The latest defense filing goes day by day through those dates, and rules out each day based on phone records, Cosby’s travel itinerary, and Constand’s expense reports with Temple University’s women’s basketball team.

Cosby’s lawyers are also asking the judge to allow testimony from Marguerite Jackson, who says Constand told her she had not been drugged and assaulted, but she “could say it happened, file charges, and get money to go to school and open a business.”

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A mistrial was declared last June after a jury deadlocked, the retrial is scheduled to start April 2nd.