The criminal case against a California doctor accused of poisoning her estranged husband with Drano is facing a major setback this week after prosecutors told a court they need to dismiss the charges because a key witness wouldn’t be available at trial, according to a new report.

They plan to refile the case, according to KCAL-TV, which first reported the dismissal.

Dr. Yue “Emily” Yu, a 48-year-old dermatologist from Irvine, California, was accused of spiking her then-husband’s tea and lemonade with drain cleaner for months in 2022.

California dermatologist Yue Yu was arrested last Thursday after being accused of poisoning her husband. (Irvine Police Department)

“They had a big ant problem in the kitchen,” attorney Scott Simmons said after an Orange County arraignment in 2023. “Jack Chen tells her to put the Drano into this lemonade or tea in order to bait and kill the ants. He then sets up what he calls ‘spy cameras’ to capture her pouring the Drano into the cup then falsely accuses her of trying to poison him.”

Chen filed for a divorce the same day he asked the judge to grant him the order of protection, according to his lawyer, Steven Hittleman. He also accused his wife and mother-in-law of domestic abuse and of isolating him from his children.

David Wohl, one of Yu’s attorneys, has called Chen’s allegations “false” and said they are motivated by the divorce and custody battle.

“Ms. Emily Yu vehemently and unequivocally denies ever attempting to poison her husband or anyone else,” he told Fox News Digital after her arrest. “As a well-respected physician, her goal as always been to help people and never to harm people. Accordingly, she also strongly denies her husband’s claims of abusing him and their children emotionally and physically.”

Yu would face up to eight years in prison if convicted.