Chris Brown's Lawyer May Seek Dismissal of Rihanna Assault Case

By Rich King on April 29, 2009

HOLLYWOOD, Calif. — If Chris Brown's attorney gets his way, the R&B star's assault case will get tossed out of the court.

The 19-year-old Brown, who was arrested in February for allegedly assaulting his girlfriend, fellow singer Rihanna, pleaded not guilty earlier this month to the two felony charges against him — assault and making criminal threats. On Wednesday, his attorney, Mark Geragos, was granted a delay in the case by L.A. Superior Court Judge Patricia Schnegg. Geragos will use the time to continue looking into the police photo that was leaked shortly after Brown's arrest. The graphic shot appeared to be of a bruised-up Rihanna and Geragos told E! News that he will seek to have the case dismissed if the leak came from within.

"The leaks can form the basis for a motion to dismiss the case in regards to outrageous governmental misconduct," said Geragos.

Brown's attorney will have a fair amount of time to continue his investigation, as Schnegg set a preliminary hearing date for May 28. At that time, the prosecution will present their case so that the court can determine if there's enough evidence for a trial. It still remains unclear whether Rihanna will take the stand against her boyfriend at the preliminary hearing.

"The D.A. has not informed us whether or not Rihanna will be called to testify," her attorney, Donald Etra, told E!

Neither Brown nor Rihanna attended attended today's hearing, in which Schnegg also agreed to release the nearly $1.4 million worth of jewels that the "Umbrella" singer was wearing on the night of the incident. The items, which were on loan to Rihanna to wear at Clive Davis' pre-Grammy party, had been taken into police custody. They will soon be returned to their rightful owners.

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