Photo: Steven Hirsch / AP / Shutterstock
The lawyers of Cuba Gooding Jr. will not be able to use the alleged insecurity of the accused breast size against her in his New York City girl case, a judge ruled Thursday. The bizarre development unfolded during a Manhattan trial where Gooding’s legal team and prosecutors met to discuss issues such as what they could ask witnesses at the trial. Gooding faces six counts of suspected sexual misconduct against three women. It is unclear when his trial will take place.
Prosecutors, pointing to one of Gooding’s past allegations that an online prosecutor had expressed insecurity about having small breasts, asked Judge Curtis Farber to limit this line of questioning.
“Are you asking the witness how she feels about the size of her breasts?” Farber asked one of Gooding’s lawyers, Peter Toumbekis.
“I do,” said Toumbekis.
“That’s just insulting,” Assistant District Attorney Jenna Long said of this type of question.
“Tell me the connection between the size of her breasts and the relevance of the test,” Farber asked shortly thereafter.
“It’s one plus two equals three,” Toumbekis replied.
“Spell it out,” the judge pressed.
“She’s actually talking about the fact that she’s aware of her breast size,” Toumbekis said at one point, referring to a stated blog.
Toumbekis said he thought it was ‘honest’ to ask her questions that would investigate whether she “sometimes misunderstood what other people were saying to her because of her own self-control issues.”
Farber asked Toumbekis whether he suggested that this insecurity affected the accuser’s’ perception of events.
“Yes, judge,” said Toumbekis.
Farber said he would not allow her to follow this line of question. When Gooding’s legal team later came up with more arguments as to why this question should be allowed, Farber said they could ask him to reconsider it.
Gooding, who wore a black cloth mask and deep blue suit at the courthouse, did not answer questions about whether he thought women with small breasts were delusional when he left the courtroom. When asked this question, Gooding shook his head and paused for reporters as he walked down the aisle. He pulled his mask to the side, revealing that the interior said “Black Lives Matter.” He then said, “Black lives are business,” and gave a thumbs up before leaving.
Lang also revealed in court that eight more women have come forward with accusations against the actor – meaning that 30 women have accused him of abuse. Prosecutors said in December that 22 women had accused him of wrongdoing, ranging from unscientific kissing to very aggressive teasing. Gooding retains his innocence.
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