In preparation for that next court hearing Kelly's defence team have been
picking holes in the prosecution's case. Much of the criticism is over the fact the prosecution team have so far failed to state when the incident allegedly shown in the video actually took place - simply stating the illegal acts occurred at some point between November 1997 and February 2002.

Kelly's legal people now want the case dismissed, arguing that, by those
dates, the girl in the video could be anywhere between 13 and 17 years old.
If she was 17 at the time, she would have been old enough to consent to sex.
According to US law it would still be illegal to video the sex act until the girl was 18, but Kelly's team are fighting that on the grounds that that law is stupid.

Kelly's team also argue the vagueness with regards the dates of any alleged
incident make it hard for the singer to mount a defence: "It's no secret that Mr Kelly is a well-known musician, who frequently travels. By failing to narrow the date of the charged defence, Mr Kelly is wholly deprived of the opportunity to bring an alibi defence."