The verdict and defense complained about the question of whether lawyers could be a victim prior to the trial over statements they had made in the past about their breast size and sexual preferences, including testimony.
Gooding looks at three counts of coercive assault and three counts of sexual abuse up to third degree in separate incidents involving three different women in New York. He pleads not guilty to all charges and denies all crimes.
Gooding arrived at the New York Supreme Court wearing a black face mask, which he briefly unveiled to reveal that the inside “Black Lives Matter.” He was flanked by his lawyer Peter Toumbekis, who argued in court Thursday to be able to investigate men who were seen in a video around the time Gooding allegedly abused women.
“We are of the opinion that the video uniform will show that Cuba did not commit any crime at all and we expect that this case will be dismissed in one day,” Toumbekis said.
One of those incidents is thought to be about a waitress at a club who says Gooding violently touched her in September 2018. Toumbekis is looking for testimony from other employees seen in the video around the time that the incident all took place. Prosecutors allege that if an employee saw something or not, it did not in any way indicate that the victim had reported it.
Toumbekis argued that he should investigate prosecutors over statements made in the past that they have made public. One prosecutor, he says, discussed her child abuse and resulting trauma in online messages. Assistant District Attorney Jenna Long claimed to be blocking the defense from questioning the victim about past abuse, which Long said has nothing to do with what she claims Gooding did.
Toumbekis said he should ask another prosecutor about posts she has made discussing herself to be aware of her body and her breast size, claiming that her negative feelings may affect her perception of the incident. Long argued that the discussion would be “just offensive” and would keep her from being embarrassed.
He also claimed that he could ask the victim about her ability to threesome about monogamous relationships. Judge Thomas Farber ruled that the defense could ask such questions if they were relevant to his case.
Gooding’s defense also wants to include an expert witness to testify as to whether the appropriate police procedure was followed in this investigation, which his lawyer claims was not the case.
Gooding’s trial was set to begin in April, but has been postponed due to lockdowns due to the coronavirus pandemic. A new trial date has not been set, but there will be another hearing on September 1 in this case.
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