photo credit: Tinseltown // Shutterstock

Cuba Gooding Jr. appeared in court Wednesday morning in an attempt to get his recent groping case dismissed. There was no ruling. The judge said she would not make any “rash decisions” before the prosecutors had a chance to respond on July 17. Prosecutors have submitted a deposition from the accuser detailing her side of the allegedly groping story. The judge says she will rule on the motion to dismiss on August 14.

Cuba has been charged with one count of misdemeanor forcible touching and one count of sexual abuse in the third degree, to which he has plead not guilty. Cuba turned himself in last week after a woman accused him of touching her thigh and breast while at a New York City bar. His attorney, Mark Heller, says he saw “no criminality” on Cuba’s part in the video.

In his motion to dismiss the case, Cuba uses blog entries as a source to show his accuser has a “warped mental state.” Blog quotes of were shown where she allegedly said she was starving for attention and also suffering PTSD and anxiety disorder.

On the surveillance footage you can see around 10:15 PM on Sunday, Gooding and his girlfriend, Claudine De Niro, were sitting on a couch in the Magic Hour Rooftop Lounge in NYC, when the accuser sat down next to them. From the surveillance footage released, you see Gooding reach over Claudine and place his hand on the woman’s left thigh.

A few seconds later his hand moves up to her breast, and the accuser puts her hand on his. What happens next is open to interpretation, she either pushes his hand back toward him, or he pulls her hand to his mouth and kisses it.

Another man can be seen approaching the group. Everyone seems to be interacting fine. Eventually everyone walks away. No altercations or arguments.

Written by Clarke Jones

Source: TMZ