Cuba Gooding Jr claims sexual abuse accuser called cops after he rejected her and SVU detectives 'suppressed' parts of NYU student's 'false report' as eyewitnesses say they saw no groping
- Cuba Gooding Jr and his lawyer Mark Heller have filed a Notice of Motion to Dismiss in the criminal case against the actor
- It claims that his accuser has a 'troubled mentality' which explains why 'she would make false allegations after being rejected and rebuffed' by the actor
- There are also affidavits attesting that Gooding did not grope the woman from Claudine De Niro, his girlfriend, and Matthew Assante, a nightlife promoter
- Detectives with the Special Victim's Unit 'ignored and/or suppressed evidence,' states the filing
- The accuser told police the incident happened at 9pm at first but did not meet Gooding until 10:14pm, a detail that is not included in the SVU report
- Gooding is due back in court on Wednesday, at which time the defense will try and dismiss the charges. The top charge carries a sentence of up to one year
Cuba Gooding Jr and his lawyer submitted a motion in court to dismiss misdemeanor charges of sexual abuse and forcible touching that were filed against the actor earlier this month.
The notice includes details of the accuser's 'troubled mentality' as well as affidavits from two individuals who were with Gooding that night, both of whom state that they did not see the actor grope the woman who reported him to police.
It also claims that detectives with the Special Victim's Unit 'ignored and/or suppressed the initial, first statements made by the Accuser,' a New York University student, on the night of the alleged incident.
The 'initial statements' are referenced in the security report for Magic Hour, the Times Square venue where Gooding met the accuser on the night of June 9.
In that report, it states that the woman told police the location of the alleged incident and gave them a time frame, but upon reviewing security footage neither she or Gooding could be seen in that area.
A management report from the venue states that 'roughly 45 minutes' was spent reviewing footage from that night, and 'after not finding anything the police decided to leave.'
A spokesperson for the Manhattan District Attorney's Office declined to comment.
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Alleged grope: Cuba Gooding Jr and his lawyer Mark Heller have filed a Notice of Motion to Dismiss in the criminal case against the actor (Gooding above in security footage at the moment he allegedly groped his accuser)
Claims: The filing claims that his accuser has a 'troubled mentality' which explains why 'she would make false allegations after being rejected and rebuffed' by the actor (above on June 13 in criminal court)
Gooding's lawyer Mark Heller suggests that the woman accusing the actor has a 'troubled mentality' based on blog posts, which he quotes at length in the court filing.
Heller writes that the blogs 'have included statements which clearly reveal the metamorphism of a troubled mentality which sheds light on why she would make false allegations after being rejected and rebuffed that evening and asked to excuse herself from Cuba Gooding, Jr.'s and [his girlfriend] Claudine De Niro's presence and give them privacy'
He later writes that a 'careful review' of 'statements' on her blog 'provide considerable insight into the dynamics of why an individual with certain mental characteristics would be predisposed to make a false accusation against someone because, for example, they rejected her, or she was jealous of them, or was envious of their fame, or felt that in their presence she was inferior, or would never fit in.'
DailyMail.com is not publishing any of the excerpts from the woman's blog because of the nature of the charges.
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The excerpts highlighted in the filing detail the accuser's desire to be loved in her youth, her belief that she does not fit in and the fact that she has been diagnosed with depression, ADHD, Anxiety Disorder and PTSD.
Heller next states that the surveillance video from the venue shows no evidence of a crime, a claim that is backed up in part by the aforementioned management and security reports from the venue.
A law enforcement source tells DailyMail.com that the footage which shows the actor allegedly groping his accuser was discovered after a more thorough review.
Police are also investigating a report filed by a woman who claims Gooding groped her a few years prior to this alleged incident.
Team: Detectives with the Special Victim's Unit 'ignored and/or suppressed evidence' states the filing (Gooding and Mark Heller)
There were two eyewitnesses on the scene when police arrived that night, claims Heller, but neither was interviewed by authorities.
De Niro, who is the estranged wife of Robert De Niro's son Raphael, states in her sworn affidavit that she was between Gooding and the accuser while they interacted that night.
'I was attentive and engaged during the entire interaction with the Accuser and Mr. Gooding and at no time did Mr. Gooding touch the Accuser's breast and at no time did Mr. Gooding "place his hand on her breast and squeeze" as is stated in the Criminal Complaint,' states De Niro.
She later adds: 'Prior to this interaction with the Accuser, I bad observed the Accuser watching Mr. Gooding and I around the venue and subsequent to our interaction with the Accuser, the Accuser continue·d to follow Mr. Gooding and I around the venue, and I ultimately, in essence, asked the Accuser to excuse herself and give us our privacy.'
In his affidavit, Matthew Assante states: 'On June 9, 2019, while I was present during the interaction between Mr. Gooding and the Accuser, Mr. Gooding did not "place his hand on the Accuser's breast and squeeze" as is alleged in the Complaint, and the Accuser did not say anything or make any statements to me or Mr. Gooding about any such conduct having been committed upon her by Mr. Gooding while I was present.'
Police arrived at the venue around 11:15 but Gooding was already gone, according to the filing.
De Niro did not leave with him it would appear though, since it is stated that both she and Assante were willing to speak with police that night.
In the end, neither was interviewed by authorities that night.
The accusations made by the woman could cause trouble for both: De Niro because she is Gooding's girlfriend and Assante because he is a nightlife promoter who hosts events at the venue.
Heller takes aim at SVU detectives to close out the filing.
'The Accuser stated that the incident took place at approximately 9:00PM, however, the surveillance video shows that the Accuser did not even interact with Cuba GoodingJr. until approximately 10:14PM,' reads the filing.
'Upon information and belief, after Sgt. Bryant's initial interview of the Accuser, Detectives from the Manhattan Special Victims Unit took over the investigation of the case and ignored and/or suppressed the erroneous, unsubstantiated allegations made by the Accuser and did not challenge her credibility in spite of her misstatements and inconsistencies.'
Gooding is due back in court on Wednesday. The top charge in the case against him carries a sentence of up to one year in prison.
