The rape case has been dropped against a Northern California sex crimes prosecutor.
A Contra Costa judge on Wednesday dismissed the case against 54-year-old prosecutor Michael Gressett because the state attorney general's office tell the grand jury about the accuser's conflicting allegations.
Gressett had been indicted on 13 criminal counts alleging he used a gun, ice pick and handcuffs to sexually assault a colleague during a lunch break in 2008.
The San Francisco Chronicle says the judge agreed with defense lawyers who argued prosecutors failed to present exculpatory evidence to the grand jury.
The judge says the jury should have heard evidence that Gressett's accuser had told a colleague she was raped by a knife-wielding stranger in a van