Published: Sep 29, 2010 11:37 PM EDT
Updated: Sep 29, 2010 8:35 PM EDT

CHARLOTTE COUNTY, Fla. - Melissa Harding Jones' lawyer says there are two hang-ups in the state's case. He filed a new motion to a Charlotte County judge asking that his client's case be thrown away.

If the judge sides with him, Jones would no longer be a suspect.

Robert Barrar argues prosecutors waited too long to file charges. He tells WINK the state of Florida has a 4 year statute of limitations for first degree felonies. Her case happened in 1999, and he says charges should have been filed by 2003.

 The lawyer is also arguing because there's no body, the state cannot use Jones' statements against her without that evidence.

A judge will make a decision in December.