SACRAMENTO, Calif. -- The legal trouble of a Sacramento police officer accused of sexual assault is now causing legal trouble for Sacramento prosecutors in other cases.

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KCRA's Mike TeSelle Reports

Prosecutors Tuesday dropped the charges in a fatal accident that officer Darryl Rosen helped investigate. It's the first case, since Rosen's arrest, to be dismissed due to his involvement.

Prosectur's are worried that Rosen's testimony as an investigator of last October's Chevy's-related car crash could hurt their case. Rosen testified on the stand against the alleged DUI driver in that crash, Stephen Head, just four hours before his own arrest for allegedly sexual assaulting six women.

Based on the timing of Rosen's testimony to his arrest, prosecutors decided to dismiss all charges against 20-year-old Head, explaining that they plan to re-file charges after removing Rosen's name from the case.

But defense attorney Harlan Antler thinks something more suspect is going on.

"This makes no sense. This makes no sense," Antler said.

Six days ago, Antler served nine subpoenas against Sacramento District Attorney Jan Scully, Sacramento Police Chief Arturo Venegas and their investigators. In the subpoenas, all nine were ordered to produce all evidence of communication between them about Rosen.

Antler's contention was that documents exist, proving that the district attorney's office deliberately withheld information about Rosen's criminal conduct from the court, the judge, and the public. But by prosecutors dismissing criminal charges Tuesday, they also avoid having to comply with those subpoenas.

"What I'd say happened here is an absolute attempt to keep those affairs quiet at all cost, including dismissing this case," Antler said.

Prosecutor's quickly refuted Antler's allegation of a cover-up. A spokesperson for the district attorney's office said, "There is no conspiracy, nothing to hide. Mr. Antler would like to use Officer Rosen as a red herring in this case, but he's not going to be able to do that."

Former New York prosecutor and now McGeorge Law School professor Ruth Jones said that even though prosecutors didn't break the law by dismissing charges, defense attorneys might still have a case.

"It doesn't appear on its face that there's anything unethical or improper. However, the prosecution has an ongoing duty to disclose favorable information to the defense. So this may be a case where the judge has to decide what information has to be turned over to the defense," Jones said.