Chris Brown's high-powered lawyer, Mark Geragos, plans to ask the court to dismiss the assault and criminal threats case against his client because of leaks.
Geragos told reporters that the leaks in the Rihanna case "form the basis for a motion to dismiss the case in regard to outrageous governmental misconduct."
Whether he's successful remains to be seen, but in any case, a court date is set for Brown today in Los Angeles for his February 8 altercation with Rihanna.
The singer will not appear before the judge.
Geragos will be present on behalf of the singer. Sources say Brown signed a waiver, although it remains unclear exactly what said waiver entails.
Brown appeared in court earlier this to enter a not guilty plea on charges that he beat and threatened to kill Rihanna in a violent altercation that left the Barbados native, and his girlfriend at the time, bruised, bitten and unconscious.
Following the not guilty plea, Brown's team and the L.A. County District Attorney's office were said to be working on a plea deal. That was weeks ago.
Several reports now suggest a deal is closer, if not imminent.
According to legal experts, Mark Geragos (above) is expected to ask for more time in the case to search for further evidence. If he is unable to secure additional time from the judge, a preliminary hearing date may be set in the case.
At the preliminary hearing, prosecutors presens the case before a judge explaining they have enough material to pursue a conviction. Geragos will counter that they do not, and the judge will decide if a criminal trial is warranted.
Regardless of the outcome, Rihanna and Chris Brown want no part of that, as it could result in information going public that both want to suppress.
Brown has sought a plea deal in which he does not serve jail time, but as the felonies he's charged with carry almost five years, that's a hard sell.
"I would imagine all parties would be interested in resolving the case so as to avoid the public airing of dirty laundry at a trial," said Shawn Chapman Holley, who has represented The Game and Lindsay Lohan but is not involved here.
"If the D.A. makes a 'tough' offer, this makes it a difficult choice for the defendant," the attorney added.
"For example, if they offer a deal that still carries significant jail time, the defendant might want to take his chances at trial. Doing so, however, exposes a high-profile defendant to unwanted negative publicity."
UPDATE: Judge Patricia Schnegg set a preliminary hearing for May 28 - the result of Geragos pushing for as late a date as possible to allow him adequate time to respond to the investigation into how Rihanna's police photo was released.
Geragos says he will still move to have Brown's case dismissed should the haunting photo's appearance prove to be the result of a police transgression.