# Chris Brown defense strategy: blame police for leak of photo? **URL:** \ **Category:** Factual Questions\ **Created:** [April 30, 2009, 1:28am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797 "2009-04-30T01:28:49Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![ParentalAdvisory](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@ParentalAdvisory](https://boards.straightdope.com/u/ParentalAdvisory)\ **Post date:** [April 30, 2009, 1:28am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797/1 "2009-04-30T01:28:49Z")
> **[Photo may be focus of Chris Brown's defense](https://www.latimes.com/archives/la-xpm-2009-apr-30-me-chris-brown30-story.html)** > > Since Chris Brown's arrest nearly three months ago, his normally loquacious attorney has not said a word in public about how he plans to answer charges that the singer beat and choked his pop star girlfriend, Rihanna. > [@latimes.com](#): > > Since Chris Brown’s arrest nearly three months ago, his normally loquacious attorney has not said a public word about how he plans to answer charges that the singer beat and choked his pop star girlfriend, Rihanna. But comments by the attorney in court Wednesday suggested part of the strategy might be attacking police for the leak of a photo showing Rihanna’s bloodied, bruised face. > [@latimes.com](#): > > “If one or more of the officers were paid for releasing this photo and they were the same ones that were investigating the case, it’s highly relevant,” said criminal defense attorney Dmitry Gorin. “But if it’s someone who worked in the computer department” and had nothing to do with the actual investigation, “then it becomes less relevant.” Can Chris Brown really have a defense based on a leaked photo? My thoughts are this, leaked photo or not, you need to defend the crime you’re convicted of (except cases where evidence tampering would affect the specifics of a crime or where your rights were violated related to warrents or admendments and such). Why would a photo leak factor into the defense of beating a woman? The leakee may be in trouble and rightfully so, but having a strategy around the leaked photo only focuses on the crime he’s accused of. Which I wouldn’t think puts Brown in a good light. It’s like saying, “I’m not guilty because of the leaked photo that shows I beat my girlfriend”. ---
**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\ **Post date:** [April 30, 2009, 2:11am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797/2 "2009-04-30T02:11:47Z")
> [@ParentalAdvisory](#): > > … you need to defend the crime you’re convicted of I think “accused of” may be more accurate here. ---
**Author:** ![ParentalAdvisory](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@ParentalAdvisory](https://boards.straightdope.com/u/ParentalAdvisory)\ **Post date:** [April 30, 2009, 2:42am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797/3 "2009-04-30T02:42:06Z")
Sure did… long day. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [April 30, 2009, 3:03am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797/4 "2009-04-30T03:03:30Z")
> [@](#): > > Can Chris Brown really have a defense based on a leaked photo? My thoughts are this, leaked photo or not, you need to defend the crime you’re convicted of (except cases where evidence tampering would affect the specifics of a crime or where your rights were violated related to warrents or admendments and such). > > Why would a photo leak factor into the defense of beating a woman? The leakee may be in trouble and rightfully so, but having a strategy around the leaked photo only focuses on the crime he’s accused of. Which I wouldn’t think puts Brown in a good light. It’s like saying, “I’m not guilty because of the leaked photo that shows I beat my girlfriend”. I’m guessing the argument will be that the leak of the photo would indicate that the police had a commercial interest in the outcome of the case and therefore may have been biased to make Brown look guilty (including perhaps to the point of altering evidence) so the photo would be more newsworthy and have a higher value. ---
**Author:** ![JSexton](https://avatars.discourse-cdn.com/v4/letter/j/96bed5/32.png) [@JSexton](https://boards.straightdope.com/u/JSexton)\ **Post date:** [April 30, 2009, 4:56am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797/5 "2009-04-30T04:56:30Z")
I suppose one could argue that he cannot get a fair trial, due to prejudicial photos being seen by every member of the potential jury pool. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [April 30, 2009, 11:23am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797/6 "2009-04-30T11:23:20Z")
> [@JSexton](#): > > I suppose one could argue that he cannot get a fair trial, due to prejudicial photos being seen by every member of the potential jury pool. Even without the photos it will be a challenge to get an untainted jury. But not impossible. It will make the selection process longer but no way a lawyer is hanging his hat on this. > [@Little\_Nemo](#): > > I’m guessing the argument will be that the leak of the photo would indicate that the police had a commercial interest in the outcome of the case and therefore may have been biased to make Brown look guilty (including perhaps to the point of altering evidence) so the photo would be more newsworthy and have a higher value. I don’t see this as a winner either. Maybe if they are able to find out who did it they could impeach their testimony as an individual but not as a department as a whole. It may be that it was some clerk who had nothing to do with the case but file the reports. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [April 30, 2009, 11:52am UTC](https://boards.straightdope.com/t/chris-brown-defense-strategy-blame-police-for-leak-of-photo/494797/7 "2009-04-30T11:52:47Z")
> [@](#): > > I don’t see this as a winner either. Maybe if they are able to find out who did it they could impeach their testimony as an individual but not as a department as a whole. It may be that it was some clerk who had nothing to do with the case but file the reports. Based on the link in the OP, Brown’s lawyers apparently agree that it’ll be an issue whether than person who leaked the photo was also involved in the investigation. But if they can establish it was somebody involved in the investigation and they get a favorable ruling they can probably have a wide range of evidence struck from the record. Most investigations are not compartmentalized so one investigator probably was involved with most of it and could theoretically “taint” everything he touched.