The attorney for R&B singer Chris Brown appeared in a Los Angeles courtroom today to request his assault case be dismissed. According to TMZ, Marc Geragos noted that evidence leaked in the case is grounds for dismissal. "Leaks can form the basis for a motion to dismiss the case in regard to outrageous governmental misconduct."

Geragos is making reference to a police picture of a battered and bruised Rihanna that somehow found its way to the media in the days following the alleged assault. As a result, the Los Angeles Police Department put out a statement saying that they would investigate the leak, which they believe came from the inside.

Rihanna and Chris Brown Pictures

    Singers Rihanna and Chris Brown attend the 2009 GRAMMY Salute To Industry Icons honoring Clive Davis at the Beverly Hilton Hotel on February 7, 2009 in Beverly Hills, California.

    Lester Cohen, WireImage

    Singers Rihanna and Chris Brown perform at Madison Square Garden in New York. Rihanna and Brown were last minute absences at the Grammy Awards Sunday Feb. 8, 2009.

    Evan Agostini/file, AP

    Singer Chris Brown and Singer Rihanna at the 2008 MTV Video Music Awards at Paramount Pictures Studios on September 7, 2008 in Los Angeles, California.

    Jeff Kravitz, FilmMagic

    Rihanna and Chris Brownperform at the B96 Jingle Bash at theAllstate ArenaChicago, IL - 16.12.08

    C.M. Wiggins, WENN

    Rihanna and Chris Brown party together in Paris at club "Palais M" after her appearance on TV show "Star Academy." December 19, 2008 Paris, France


    Rihanna and Chris Brown performing during the Y100 Jingle Ball Concert held at the Bank Atlantic Center in Fort Lauderdale, Florida.December 13, 2008

    Sozufe Adeleri, Retna

    Singer Rihanna and boyfriend Chris Brown hit up the shops in Paris for some last-minute Christmas shopping Rihanna is in "The City of Lights" for her scheduled appearances on the talent show, "Star Academy." December 18, 2008 Paris, France


    Chris Brown and Rihanna arrive at Miami International Airport on December 13, 2008 in Miami, Florida

    Miguel Garcia, WireImage

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title:['Rihanna & Chris Brown'],
credit:['Lester Cohen, WireImage'],
caption:['Singers Rihanna and Chris Brown attend the 2009 GRAMMY Salute To Industry Icons honoring Clive Davis at the Beverly Hilton Hotel on February 7, 2009 in Beverly Hills, California.'],

Geragos also said that he has yet to receive all of the evidence submitted to the LAPD. Donald Etra, Rihanna's lawyer, did not dispute Geragos' request prompting Judge Patricia Schnegg to move the preliminary hearing date for May 28.

Per Etra's request, Judge Schnegg also agreed to release the $1.4 million in jewelry worn by the pop diva on the night of the altercation. Police were holding the items, along with the designer dress she wore that night as potential evidence.

Neither Rihanna nor Brown were required to appear in court. Etra told reporters that his client will however take the stand if called to do so. "The D.A. has not informed us whether or not Rihanna will be called to testify," he said.

Brown entered a not guilty plea in response to the two felony charged stemming from the alleged assault. If convicted he faces up to four years in prison.