Will Rihanna's TMZ mugshot get Chris Brown off the legal hook?

Rihannaiss_MTh_56976564_600 Will that leaked photo of a battered, bruised and swollen Rihanna -- which appeared on Harvey Levin's TMZ.com website -- cause the assault case against Chris Brown to be dismissed?

Possibly.

Los Angeles Superior Court Judge Patricia Schnegg set a preliminary hearing for May 28 on Brown's double felony case. Brown's attorney Mark Geragos wants as much time as possible to respond to the still-pending investigation into Rihanna's leaked police photo.

If it turns out that the leak was the fault of a police source, Geragos told E! news, he wants to get Brown's case dismissed.

"The leaks can form the basis for a motion to dismiss the case in regards to outrageous governmental misconduct," Geragos said.

At the request of Rihanna's attorney Donald Etra, the judge agreed to release the $1.4 million worth of jewels and a designer gown Rihanna was wearing the night of the alleged assault. The jewelry was taken into police custody as evidence, along with a bloodstained Gucci gown.

Included among the accessories to a crime: a pair of earrings and three rings worn to a pre-Grammy party. Etra said that the pricey pieces would be taken to Rihanna by an armed guard and then returned to the private companies who loaned her the sparkly items.

Whew!

Thank heavens for the speed at at which the designer gown and jewels were returned. Justice may be blind, but it's not dumb.

More Chris Brown and Rihanna dish:

Was Rihanna mad about Chris Brown's cougar booty call?

Oprah warns Rihanna: 'He will hit you again'

Rihanna can legally tape record Chris Brown's phone calls? This should be good

Chris Brown, Rihanna back together working it out at Diddy's Miami home

Harvey Levin defends TMZ's use of Rihanna assault photo

Rihanna's dad calls leaked police photo 'terrible and disturbing'

Photo: FilmMagic

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