AllRespect.com // Chris Brown's Bid To Delay Hearing Rejected

Posted on 2009-06-11 03:00:12
Artist/band(s): Chris Brown [FB], Rihanna [FB]

musicnews View: Profile - All Posts

Source: http://www.mtv.com/news/articles/1613675/20090610/brown__chris__18_.jhtml

Preliminary hearing, at which Rihanna is expected to appear, remains scheduled for June 22.By MTV News staff, with additional reporting by Jayson Rodriguez

Chris Brown appears in court (file)Photo: Getty Images

Chris Brown lost a bid on Wednesday (June 10) to delay a preliminary hearing in his assault case, according to The Associated Press. His attorney had argued that the hearing should wait for a related California Supreme Court decision.

The attorney, Mark Geragos, filed an appeal earlier this month attempting to delay the preliminary hearing, which is scheduled for June 22. Court records show the appeal was rejected Tuesday, according to the AP; no reason was provided.

Rihanna, who is the alleged victim in the case, is likely to appear at the hearing on the 22nd. Brown is facing felony assault charges after allegedly assaulting Rihanna in February. Brown has pleaded not guilty to the charges.

A judge had previously nixed a bid by Geragos to obtain access to police records that the attorney argued were crucial to the hearing, according to the AP. In his appeal, Geragos said that a state Supreme Court case currently under consideration could affect Brown's access to the records.

Legal expert Peter T. Haven told MTV News last month that the preliminary hearing will determine whether there is sufficient evidence for the case to go to trial.

"During the preliminary, which is significant, the prosecution puts the case in front of the judge to convince the judge that they have sufficient evidence to go forward with a criminal prosecution," Haven told MTV News. "The defense then tries to kill the case. [But] if there's enough evidence, the prosecution could then get a trial date."

In Brown's case, there is a lengthy police report, the leaked photo of a battered Rihanna and a willing district attorney. Haven also suggested that both parties involved — Brown and Rihanna — might ultimately push for a plea deal in the interest of discretion. Should the preliminary hearing proceed, additional details from the night in question might arise that could reveal damaging information.

Rihanna's attorney, Donald Etra, said last month that his client is expected to be subpoenaed to testify next month. He also said Rihanna will be subject to cross-examination if she takes the stand. Geragos has not offered any comments on the matter.

Should the case reach the preliminary hearing, Haven said once a ruling is made, a trial date would be expected to begin in 30 to 90 days.

RELATED NEWS

Tidal Release Rihanna's Album Early
Related Artist/Band(s): Rihanna [FB]

Rihanna Likely To Release 'anti' This Week
Related Artist/Band(s): Rihanna [FB]

Rihanna Posts Antidiary.com Link
Related Artist/Band(s): Rihanna [FB]

Mayer Hawthorne Covers Rihanna's "stay"
Related Artist/Band(s): Rihanna [FB]

Chris Brown And Frank Ocean Fight At La Studio
Related Artist/Band(s): Chris Brown [FB]

Page -