Chris Brown's lawyers: Cop sold photo of battered Rihanna to TMZ

Chris Brown

's get-out-of-having-to-go-to-jail card?

Brown's attorney,

Mark Geragos

posted on the celebrity web site TMZ.

The web site itself reports that in discovery motions, Geragos writes: " ...this highly prejudicial photograph was sold by an LAPD officer to the entertainment website, Thirty Mile Zone (TMZ).

"The photograph was immediately viewed by hundreds of thousands of viewers and was plastered on every news channel for the following weeks."

Geragos wants notes from the Internal Affairs investigation, along with police officer notes and other documents, stating, "I intend to use such evidence at the preliminary hearing to attack their credibility.

He adds that if the court has questions about the credibility of the officers who worked the case, "I believe there is a reasonable likelihood that the case will be dismissed at the preliminary hearing."