Mark Geragos argues that leaked photo was 'outrageous governmental misconduct'

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Chris Brown’s lawyer is battling to have the assault case against him thrown out of court.

Mark Geragos is furious that a police photo of Rihanna, appearing to show her bruised and swollen, was leaked online.

‘The leaks can form the basis for a motion to dismiss the case in regards to outrageous governmental misconduct,’ Mark argues, reports E! Online.

Judge Patricia Schnegg has set a preliminary hearing for the 28 May, to allow enough time for the LAPD to launch an internal investigation into the photo leak.

Neither Rihanna, 21, nor Chris, 19, attended the court hearing yesterday.

Meanwhile, police are set to return the jewellery Rihanna wore on the night of the incident.

SEE PICTURES Rihanna and Chris Brown – their love story>>

Alison Adey