Rose McGowan's drug possession charge moves to Virginia grand jury following hearing

Sara M Moniuszko | USA TODAY

Show Caption Hide Caption ShowBiz Minute: McGowan, Gaye, *NSYNC Hearing postponed in Rose McGowan drug possession case; Court sides with Marvin Gaye family in "Blurred Lines" fight; *NSYNC to reunite to receive star on Hollywood Walk of Fame. (March 22)

LEESBURG, Va. – Actress Rose McGowan's drug charge is being moved forward to a Virginia grand jury.

The actress, who appeared in court Thursday for a preliminary hearing, was charged with felony drug possession after authorities said cocaine was found in a wallet she left behind on a flight to Dulles International Airport in January 2017.

McGowan's lawyers have suggested the drugs may have been planted by agents hired by disgraced Hollywood producer Harvey Weinstein to discredit her for making sexual assault accusations against him. Weinstein has denied the rape allegations.

McGowan's lawyers argued for dismissal of the charge during the hearing.

One of her attorneys, Jessica Carmichael, told the judge the case was "flawed from its inception."

The judge said the standard for finding probable cause is low and arguments about whether the drugs may have been planted are better suited for trial.

A grand jury will allow a group of jurors to examine the case and determine if there is enough evidence, or probable cause, for an indictment.

While speaking to press after the hearing, Carmichael said she believes a jury will find McGowan not guilty.

"We still have faith in the justice system," she said. "I think we have a very strong case."

The hearing, which lasted over two hours, saw six witnesses brought to the stand, all of whom were involved in either the discovery of the wallet or the drug testing and police involvement that occurred thereafter.

They answered the attorneys' questions, many of which involved recounting how they came in contact with the wallet.

Toffic Yeseuf, a member of the plane’s cleaning crew, testified that he found the wallet under a seat in first class. After opening the wallet to take count of its contents, which he explained is standard procedure, he said he found the white, powdery substance and notified his supervisor, who also testified her account of the incident. She said she reported the wallet to airport authorities.

Two firefighters with the Metropolitan Washington Airports Authority testified that the substance tested positive for cocaine.

In an additional testimony, detective Jarrod Hughes said he called McGowan to inform her that her wallet had been found. He said McGowan asked if she could pick it up at the airport's baggage claim. He continued, saying that when he informed McGowan she would have to pick it up at the police station, she said she would come by to get it but never did.

"When she was told it was at the police station, all of the sudden she did not want to pick it up," prosecutor Rebecca Thacher said.

McGowan did not speak during the hearing but was attentive throughout the process. She remained straight-faced except for when she shed a few tears as her lawyer gave her final arguments.

Upon exiting the courtroom, she didn't comment on legal matters but noted that is was good to be back in Virginia.

A grand jury will hear the case on June 11. While it is possible the grand jury could choose not to indict, in all likelihood she will face an arraignment in circuit court June 12.

The hearing was originally scheduled for March 21, but was postponed after two prosecution witnesses were unable to get to court during a snowstorm.

Contributing: The Associated Press

More: How common is sexual misconduct in Hollywood?

More: Rose McGowan arraigned on possession charge days after alleging drugs may have been planted