Will Rihanna’s leaked police photo drain the life from the prosecution’s case against Chris Brown?

If Brown attorney Mark Geragos has his way, it will.

Los Angeles Superior Court Judge Patricia Schnegg today set a preliminary hearing for May 28 on Brown’s double felony case—the result of Geragos pushing for as late a court date as possible to allow him adequate time to respond to the still-pending investigation into just how Rihanna’s police photo was released.

Should the gruesome photos’ appearance prove to be the result of a police transgression, Geragos told E! News that he will move to have Brown’s entire case dismissed.

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

Neither Rihanna nor Brown were present for today’s hearing, though the “Umbrella” singer’s interests—and those of her jewelers—were represented in the courtroom.

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