A judge has refused to dismiss a drug possession charge against Rose McGowan after prosecutors claimed there’s more evidence that they haven’t revealed.

In January 2017, McGowan left her wallet on a flight to Dulles International Airport and was charged with felony drug possession when cocaine was found in her wallet. McGowan’s lawyers have claimed that the drugs could have been planted by Harvey Weinstein’s team in an attempt to discredit her for her sexual assault allegations against him. Her lawyers have argued that the drugs could have been planted in the five hours when it was missing, before it was found by the cleaning crew and that the jurisdiction for the crime should be limited to federal court.

McGowan’s attorneys are trying to subpoena Instagram about a user who messaged McGowan saying, “You left your wallet on your Saturday flight with your two bags of coke.” This message was sent before any charges were made public. Defense attorneys suggest the message could have been part of a harassment campaign by Weinstein.

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Judge Deborah Welsh denied the motion to dismiss the charge against McGowan. She said that the issues are better addressed at a preliminary hearing scheduled for March 21 where live testimony can be presented.

McGowan did not attend Monday’s hearing.

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