Nicollette Sheridan Case: Battery Charge Dismissed
03/13/2012 AT 05:30 PM EDT
A judge on Tuesday dismissed the most sensational charge in Nicollette Sheridan's wrongful termination suit – a battery charge against producer Marc Cherry for allegedly slapping her in the head during an argument.
The jury in Los Angeles must still consider whether the actress, 48, was fired from ABC's Desperate Housewives in retaliation for complaining about the incident.
Superior Court judge Elizabeth White said there was not enough evidence to support the battery charge, the Los Angeles Times reports.
Cherry has claimed he merely tapped Sheridan while giving her artistic direction for a scene.
The case took a surprisingly plot twist Tuesday, when a surprise last-minute witness – a construction coordinator from the show – testified that he received an email in which he learned of a plan to wipe hard drives clean of information relevant to the suit.
Closing arguments are expected Wednesday.