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Chris Brown hearing arrives

Spiking interest in the defendant, the R&B singer, and the alleged victim, Rihanna, has the media jostling for position.

June 22, 2009|Harriet Ryan

Superior Court Judge Patricia Schnegg denied requests for cameras for the estimated two-hour hearing, putting an even greater premium on the seats in her courtroom. To accommodate the media, court staff and entourages of up to 10 each for the prosecution, Brown and Rihanna, officials have set up a closed-circuit broadcast in a nearby courtroom for the overflow of press and the public.


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The interest of the media seems inversely proportionate to the legal stakes of the proceeding. The purpose of a preliminary hearing is to determine whether prosecutors have enough evidence to have a trial. Although the hearing resembles a trial with witnesses, evidence and summations, the defense has almost no chance of prevailing, because the burden of proof required -- probable cause -- is much lower than the reasonable-doubt standard for a conviction.

"It can be very perfunctory," said veteran criminal defense lawyer Harland Braun, who is not involved in the case. "The preliminary hearing is really only to determine whether a crime was committed and whether the defendant is the person who is alleged to have done it."

The preliminary hearing can provide both sides insight into the strength of witnesses. According to lawyers for Rihanna, whose real name is Robyn Rihanna Fenty, she was subpoenaed to appear and will be at the downtown courthouse and ready to take the witness stand when the hearing begins. But there is no guarantee that prosecutors will call her.

In preliminary hearings, unlike trials, investigators are permitted to summarize the accounts of witnesses in place of live testimony. Rihanna gave an extensive interview to a detective after the alleged assault, according to court documents. The officer could repeat to the judge her claims of a brutal attack that culminated in Brown choking her to the brink of unconsciousness.

What those gathered are unlikely to hear is Brown's side of the story. The singer apologized after the incident and said he was seeking counseling, but he also hired a well-known lawyer, Mark Geragos, to fight the charges, two felonies that carry a maximum sentence of nearly five years in prison. Brown's lawyer is permitted to call witnesses, but such a move is rare because it is unlikely to change the judge's ruling.

"Even if there are two versions of events presented, the judge is still going to find there is probable cause" to move the case forward to trial, Braun said.

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harriet.ryan@latimes.com

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