Cuba Gooding Jr. is expected to be indicted on Thursday for sensing a woman's chest in a bar in June.
Mr. Gooding, who rejects the allegation, is expected to appear before the Manhattan Criminal Court after Judge Phyllis Chu rejected his lawyer's request for refusing to accept Magic Hour Rooftop Bar, an expensive lounge at the Manhattan Moxy NYC Times Square hotel. According to the lawsuit, the prosecutor said that Mr. Gooding put his hand on her chest without her consent and squeezed.
Mr. 51-year-old Gooding voluntarily surrendered to the police in June and was charged with sexual abuse and third-degree violence. The charge of violent contact can be punished with a maximum sentence of one year in prison.
In refusing Judge Chu, she wrote that Mr. Gooding made statements from two people who said they were present at the time of the incident and they had not seen Mr. Gooding touch the woman. Judge Chu wrote that Mr. Gooding also provided testimony from a retired police officer who is an "expert on false reports in cases of sexual assault". This officer saw a video of the incident and said he did not believe Mr. Gooding had committed a crime.
According to these court documents, Mr. Gooding also claimed that his prosecutor was "induced to make false accusations against the defendant."
"The conflicting allegations of allegations between the criminal information and the defendant's petition should be clarified in court," the trial wrote, as did a spokesman for the Manhattan prosecutor.
At the time of the arrest of Mr. Gooding, the police announced that they were investigating a second tentative accusation against him in connection with an episode a few years ago. The police said the woman had appeared in this case after seeing news of the incident in June. According to a prosecutor spokesman, Mr. Gooding currently faces no other criminal charges.
According to court records, Mr. Gooding's defense is that he has no criminal convictions and has "developed from a starving artist in the Bronx into a highly regarded and successful actor."
Mr. Gooding's first great success was in 1991's Boyz N the Hood, and in 1997 he won an Oscar for his supporting role in Jerry Maguire. In 2016 he played O.J. Simpson in the TV series " The People v. O.J. Simpson: American Crime Story. "