Chris Brown is set to return to court Wednesday to face a prosecutor who is asking a judge to revoke the singer’s probation because investigators could not find credible evidence he completed his community labor sentence for the 2009 beating of Rihanna.
A motion filed Tuesday raises for the first time in Brown’s felony assault case several incidents that prosecutors say demonstrate Brown has ongoing anger management issues.
They cited a Jan. 27 fight between Brown and fellow R&B star Frank Ocean, and a 2011 outburst in which Brown threw a chair through a window after he was asked about the Rihanna attack on Good Morning America.
The filing represents a dramatic shift in the case against Brown, who was repeatedly praised by the judge overseeing his case for his completion of domestic violence courses and his community service work in his home state of Virginia. That changed in September, when prosecutors raised concerns about Brown’s community service after he logged 701 hours in seven months – an amount that had previously taken him more than two years to achieve.
Los Angeles investigators traveled to Richmond, Va., to investigate Brown’s service, which was only described in broad strokes by Richmond Police Chief Bryan Norwood, who was overseeing the singer’s community labor.
“This inquiry provided no credible, competent or verifiable evidence that defendant Brown performed his community labor as presented to this court,” Deputy District Attorney Mary Murray wrote.
Brown’s attorney Mark Geragos blasted the court filing, saying the prosecutor ignored interviews “where sworn peace officers stated unequivocally that Mr. Brown was supervised and did all of the community service.”
“I plan on asking for sanctions from the DA’s office for filing in frivolous, scurrilous and frankly defamatory motion,” he said Tuesday.
It will be up to a new judge to evaluate the prosecutor’s allegations during Wednesday’s hearing; Brown’s case has been transferred to Judge James Brandlin after a recent shuffling of judicial assignments.
After pleading guilty to the Rihanna attack, Brown was given permission to serve 180 days of community labor in his home state of Virginia, but only as long as he performed manual labor such as graffiti removal and roadside cleanup.
Given problems with documentation and statements from some witnesses who contradict Brown’s claims of work, prosecutors asked Brandlin to order Brown to repeat his service in Los Angeles.
Brown spent one-third of the hours he logged in Virginia working night shifts at a day care center in rural Virginia where his mother once served as director and where the singer spent time as a child.
A detective who checked on Brown’s work nine times at the Tappahannock Children’s Center found the singer, his mother and a bodyguard at the center on each visit.
The records said Brown waxed floors or performed “general cleaning” at the center.
A professional floor cleaner contracted to work at the daycare center told investigators he had been cleaning the floors during the months Brown reported working at the facility.
“Claims that the defendant cleaned, stripped and waxed floors at that location have been credibly contradicted,” prosecutors said in the filing.
Brown’s mother, Joyce Hawkins, no longer had a formal role at day care center but had her own set of keys and coordinated her son’s work at the facility, prosecutors said.
Murray stated in her filing that Norwood’s report on Brown’s service was “at best sloppy documentation and at worst fraudulent reporting.”
Richmond police spokesman Gene Lepley declined to discuss the allegations.
“We believe it would inappropriate to comment on a matter that’s before the court,” Lepley said.
According to the motion, officials with Virginia’s probation office told investigators that Brown’s arrangement to be supervised by Norwood was “extremely unusual” and had not been approved by the agency. No one from Virginia’s probation department oversaw Brown’s hours, prosecutors said.
The motion noted that the only records the department has to indicate Brown was supervised were officers’ overtime sheets. Five of 21 days that officers logged overtime for Brown were spent providing security for the singer’s concerts.
The allegations are the latest pre-Grammy controversy for Brown, who was arrested shortly after the 2009 ceremony for his attack on Rihanna. He has since returned to the awards show by performing and winning an award in 2011 for his album F.A.M.E.
Brown and Ocean are competing against one other for the Best Urban Contemporary Album category at Sunday’s Grammys.