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CUBA GOODING JR. MOVES TO TOSS INDICTMENT

Cuba Gooding Jr.'s legal team is claiming that prosecutors opted to "trick the system" by failing to show a grand jury videos that would have proven his innocence. The team has filed court docs to dismiss the indictment.

In them, Mark Jay Heller wrote: "It is shocking and grossly inappropriate and unjust that, upon information and belief, the District Attorney failed to provide and present the Grand Jury with the videos."

He continued: "It is sad and unfortunate that the District Attorney who is supposed to represent and protect the interests of all of the People of the State of New York, including the interest of a Defendant, chose here to trick the system," adding that the grand jurors were "unfairly manipulated by being placed in a position to vote on an Indictment without ALL the available facts."

He also said prosecutors should have called his girlfriend Claudine De Niro to testify as an eyewitness, as she was sitting beside him during one alleged incident at a Manhattan bar on June 9th.

Gooding faces six counts of misdemeanor sexual abuse and forcible touching. He is due back in court on January 22nd.