Rihanna and Chris Brown

Chris Brown's attorney hopes the beating case against his client will be thrown out because of the picture of Rihanna that leaked before charges were filed.

Attorney Mark Geragos says that if police were involved in leaking the pictures, he will seek dismissal on the grounds of governmental misconduct, according to E! News.

In another development Wednesday, Los Angeles Superior Court Judge Patricia Schnegg set a preliminary hearing date of May 28 in the case. Brown and Rihanna will not be required to attend the hearing, where prosecutors are expected to present their major evidence. Schnegg will then rule on whether the case should go to trial.

At the request of Rihanna's attorney, Schnegg also agreed to release the $1.4 million worth of jewelry the singer wore the night of the incident. The jewels — which included earrings and three rings — were being held as evidence, along with a bloody Gucci gown.

Brown, who is currently free on bail, could be sentenced to up to five years in prison if convicted at trial.

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