Rose McGowan and her legal team have asked a judge to dismiss her felony cocaine possession charge in Virginia, suggesting that Harvey Weinstein was involved in the incident.
This before McGowan’s scheduled preliminary hearing in Leesburg on March 21. Police launched an investigation after they allegedly found traces of narcotics in McGowan’s personal belongings left behind on a United flight arriving at the Washington Dulles International Airport on Jan. 20. McGowan, 44, was arrested in November in relation to a warrant for felony possession of a controlled substance.
In court papers filed Tuesday, her lawyer Jessica Carmichael argued that five hours had passed between the time the Citizen Rose star was off the plane and her wallet was found by a cleaning crew, according to the Associated Press.
Carmichael also detailed the possibilities of the drugs being planted due to “the underhanded targeting of Ms. McGowan” by Weinstein, the disgraced movie mogul whom the Charmed alum continues to speak out against as she was one of the first women to detail his alleged decades of alleged sexual misconduct and assault in October.
“There is simply no point in time at which the evidence places Ms. McGowan and the cocaine together in the same place,” Carmichael’s statement read.
“At all times Ms. McGowan has maintained her innocence. Unfortunately, Ms. McGowan’s situation is complicated by the Harvey Weinstein machine,” Carmichael also stated as reported by local Virginia news outlet WTOP. “There was an incredible lapse of time — at least over five hours — between when Ms. McGowan last possessed the wallet (which is unknown) and when it was handed to the police. The severity of these issues increases further, knowing that there were individuals specifically employed to target Ms. McGowan.”
Concluding, “There is no evidence Ms. McGowan possessed this cocaine at all, let alone possessed it in the Commonwealth of Virginia. Therefore, this case belongs in no court, and certainly not a court in the Commonwealth of Virginia.”
Carmichael did not immediately respond to PEOPLE’s request for comment. A rep for Weinstein offered no comment to PEOPLE.
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McGowan was made aware that there was a warrant out for her arrest after she brought up the incident on social media in October. At the time, she claimed the warrant was part of a conspiracy to silence her.
“It is now public knowledge that Weinstein employed underhanded tactics to ‘silence’ his victims,” Carmichael wrote, citing reports that Weinstein hired intelligence agencies to spy on his accusers.
A spokesperson for Weinstein previously told PEOPLE in a statement, “Any allegations of non-consensual sex are unequivocally denied by Mr. Weinstein. Mr. Weinstein has further confirmed that there were never any acts of retaliation against any women for refusing his advances.”