Sara De Boer / Retna Ltd. 1 / 3
Sara De Boer / Retna Ltd. 1 / 3

Chris Brown's lawyer says he wants the Rihanna case dismissed because of leaks. (In February, Los Angeles police launched an internal investigation to determine who released a picture that shows a bruised and battered Rihanna the night of the Feb. 8 attack.)

"The leaks can form the basis for a motion to dismiss the case in regards to outrageous governmental misconduct," attorney Mark Geragos tells E! News.

On Wednesday, L.A. Superior Court Judge Patricia Schnegg granted Geragos a delay in the case (Brown was not present).

See Chris Brown's previous court appearance

The next hearing has been set for May 28. A judge then will decide whether there is enough evidence for the case to go to trial, which would likely begin in June.

But Brown -- who has pleaded not guilty to two felony counts (assault and making criminal threats) -- could reach a plea deal with prosecutors before then.

See photos of Chris and Rihanna's happier days

On Wednesday, Los Angeles Police Department also agreed to hand over three rings and a set of earrings obtained the night of the attack. Rihanna's lawyer, Donald Etra, had requested a judge's order for the items' return last week after the companies that loaned her them wanted them back.

See Rihanna through the years