One of six criminal counts against disgraced film producer Harvey Weinstein was dropped Thursday following the revelation that a New York City police detective failed to turn over a witness’ account of an alleged 2004 assault by Weinstein that didn’t match up with the accuser’s story.

The dismissal of one count of first-degree criminal sexual act against Weinstein, which had stemmed from allegations from 2004 that Weinstein sexually assaulted aspiring actress Lucia Evans, deals a setback to Manhattan District Attorney Cyrus Vance Jr.’s office in its prosecution of Weinstein.