updated 05/28/2009 AT 1:00 PM ET
•originally published 05/28/2009 AT 1:15 PM ET
Following a hearing in Los Angeles Thursday, Rihanna’s lawyer, Donald Etra, said prosecutors intend to subpoena the singer to appear at a June 22 hearing, so the court can determine if there’s enough evidence to proceed with a trial.
“The DA has advised me that she will be subpoenaed [to testify],” Etra said. “She absolutely will comply.” He added that Rihanna, 21, would be subject to cross-examination by Brown’s lawyer, Mark Geragos.
Meanwhile, Geragos was unsuccessful Thursday in convincing a judge to grant him access to police records in effort to find out who leaked a photo of Rihanna’s injuries. Asked if he’s confident that he can keep Brown from serving time behind bars, Geragos replied after the hearing, “I’m not going to address any of that.”
In denying Geragos’s request, L.A. Superior Court Judge Patricia Schnegg said that while she agreed the leaked photo was unfortunate, she argued it had nothing to do Brown’s arrest and wouldn’t significantly impact his right to a fair trial.
“It matters to me not if your client is high-profile or not,” the judge said. “I don’t believe you’re entitled [to demand access to police records].”
Brown, 20, has pleaded not guilty to allegedly beating Rihanna on Feb. 8. If convicted, he faces anywhere from probation to a maximum four years and eight months in state prison.
Experts say the case likely won’t go to trial, but instead will end with a plea deal, which could happen at any time.
In a YouTube.com video posted Tuesday, Brown, who’s working on a new album, broke his silence and told fans “I ain’t a monster” in an apparent reference to the case. His reps had no comment on the video.
Meanwhile, Rihanna was spotted last week getting cozy with Canadian hip-hop artist Aubrey “Drake” Graham, although the rapper stated they’re just friends.