The Allegheny County district attorney's office said Monday it planned to refile a felony perjury charge against a former Pittsburgh police officer accused in a wrongful drug arrest after a district judge dismissed two counts during a Friday preliminary hearing.

Prosecutors say Kenneth Simon, 49, committed the crime when he wrote in sworn accounts that he witnessed a hand-to-hand cocaine transaction at a North Side carwash that the district attorney's office said did not take place.

District Judge James J. Hanley Jr. tossed out the perjury charges and a count of conspiracy after hearing hours of testimony and viewing surveillance footage from the carwash, but held Mr. Simon for trial on misdemeanors including false swearing, obstruction, official oppression and theft. The district attorney's office intends to refile the charge at Mr. Simon's formal arraignment next month.

The judge dismissed all charges against Officer Anthony Scarpine, Mr. Simon's partner, on the July 7 arrests of Tim Joyce, 22, and David Carpenter, 38. Mr. Scarpine, 58, was acting on what Mr. Simon told him -- that he had witnessed a drug deal -- when he arrested Mr. Carpenter and therefore wasn't criminal, Judge Hanley said.

District attorney spokesman Mike Manko said prosecutors would review a transcript from the preliminary hearing "and re-examine our evidence," before deciding whether to refile charges against Mr. Scarpine.

Mr. Scarpine told investigators that he and Mr. Simon were working out of the North Side police station last summer when they pulled into the Stayton Street carwash after Mr. Simon told him he saw Mr. Joyce sell a baggie of cocaine to Mr. Carpenter.

Prosecutors at the Friday hearing relied largely on video surveillance footage taken from the carwash that did not show any contact between either suspect.

The video showed no place where the two would have been close enough to pass cocaine.

Both Mr. Carpenter and Mr. Joyce told Judge Hanley that the officers did find drugs on them after their arrests, but that they had no contact with each other at the carwash.

Mr. Simon's attorney, Bill Difenderfer, argued that Mr. Simon still believed that he witnessed a drug transaction and that the presence of drugs confirmed what he thought he saw. His reports perhaps were "sloppy," but not maliciously fabricated, Mr. Difenderfer told the judge.

The charges filed in November against the Mr. Simon and Mr. Scarpine, who is still on the force, prompted the district attorney's office to review dozens of criminal cases involving the pair. That review continues, Mr. Manko said, though he was not sure how many cases are being considered for reversal.