TMZ.com Home

Cuba Gooding Jr.'s motion to dismiss his groping charges doesn't sit well with the D.A.'s Office, which is calling him out for using the alleged victim's mental health as an excuse to toss the case.

The Manhattan D.A. responded to Cuba's motion to dismiss the case, saying the Oscar winner and his legal team are jumping the gun. In docs, obtained by TMZ, prosecutors say the alleged victim's mental health and expert evaluations of the surveillance videos ... are matters to be addressed once Gooding is on trial.

Further, the D.A. basically calls out Gooding's team for victim shaming, saying her mental health history is irrelevant to whether the actor touched her breast that night in the NYC bar. Prosecutors added ... if the judge were to dismiss Gooding's case, it would send a horrible message to the public -- that the tactic of exposing an accuser's past works.

Essentially, it would create a chilling effect for alleged victims coming forward.

According to the docs, the fact Gooding is a "world renowned" Oscar-winning movie star who has no prior convictions bares no relevance to his guilt or innocence in the matter.

Gooding's lawyers filed the motion to dismiss last month, but the judge said she would not make any "rash decisions" ... and tabled the matter for August 14.

As we reported ... Gooding turned himself in last month a few days after a woman called 911 claiming he touched her breast without consent at a New York bar. He was charged with one count of misdemeanor forcible touching and one count of sexual abuse in the third degree ... Cuba pled not guilty.

We obtained video of the incident via the bar's security footage, as well as another run-in after the alleged groping incident.

The Oscar-winner's attorneys, Mark Heller and Peter Toumbekis, claim he's innocent and believe the video evidence is inconclusive. Their motion cited blog posts where the accuser allegedly said she was starving for attention and also suffering PTSD and anxiety disorder.

Cuba himself claimed she has a "warped mental state" and has denied any misconduct with her. His lawyers argued the case is plagued by inconsistencies and an alleged NYPD screw-up.

In the docs, prosecutors shoot down any claim of police misconduct ... saying Cuba's attorneys misrepresented the police report and NYPD's initial investigation of the case.

Amber Portwood's ex-fiance says she's a loving mom who would never put her kids in harm's way ... and he's not buying her as a machete-wielding maniac.

Matt Baier -- who was engaged to Amber before they split in 2017 -- tells TMZ ... her domestic violence case doesn't add up to him, and he wants to hear her side of the story.

Amber's ex admits they had some "legendary arguments" when they were together, but says she never got violent with him ... even when she was in her most heated moments.

He adds that she was nothing but a wonderful mother during their time together ... so it's hard for him to believe she'd do something dangerous around her 1-year-old son, James.

We broke the story ... Amber was arrested for domestic battery on July 5 after her boyfriend, Andrew Glennon, contacted police and claimed she struck him with a shoe while he was holding their boy.

We later learned she also allegedly struck a door with a machete while Andrew was on the other side of it.

Baier thinks that allegation is fishy, and speculates there's more to the altercation people don't know ... suggesting it couldn't have just been a fight over fireworks, as some outlets have reported.

As we told you, Amber was in court last week to face the 3 felony charges against her and attend a hearing about custody of her son. Andrew filed for sole custody after her arrest, and a judge slapped Portwood with a temporary restraining order.

Interestingly, another ex and baby daddy of Amber's, Gary Shirley, was at the courthouse with his wife to show her support.

Congressman Ted Lieu's at risk of being labeled a buzzkill, but he says that's nothing compared to the security risks involved with using the popular new app that makes you an instant senior citizen.

The California Rep is very leery of FaceApp, the free app -- reportedly owned by a Russian company -- that transforms faces with various filters like "old age." The Russian connection is making some users nervous and, when we asked Lieu about it Wednesday on Capitol Hill, he said we ALL should be.

Ted points out he has a background in cybersecurity, and FaceApp raises major concerns because when you download it ... you agree to let it access all your photos and, potentially, a bunch of private info.

If you're cool with that, so be it ... but the Congressman is urging consumers to think twice since you could be added to a facial recognition database, or have your pics sold or altered.

Here it is!!! The first look at Anthony Davis head-to-toe in his new threads ... and it's probably bringing a tear to LeBron James' eye.

The NBA superstar threw on his #3 Lakers jersey and shorts for the first time on Wednesday for some promo for NBA 2K20 (he's the cover athlete) ... and he's sporting a HUGE grin on his face.

Of course, AD *was* gonna wear #23 after the King gifted his digits to his new teammate ... but the Brow will be stuck with tres for the upcoming season due to manufacturing issues with Nike.

According to an ESPN report ... the Swoosh woulda lost "well into the tens of millions of dollars" if LBJ switched to #6 like initially planned ... thanks to a bunch of James jerseys that were already made.

A$AP Rocky should be immediately released from a Swedish jail -- that's what the Congressional Black Caucus is demanding with its protest on the steps of the U.S. Capitol.

Members of the Caucus going to bat for A$AP include Congressmen Andre Carson and Hakeem Jeffries. Rep. Adriano Espaillat, who reps for A$AP's Harlem neighborhood, will also be there.

Rep. Jeffries has been vocal about A$AP's detention for a while now, saying the saga proves the hip-hop police are even at work outside the United States. 

As we've reported ... A$AP has been rotting in a Swedish jail for weeks, being treated like a convicted criminal even though prosecutors have not charged him with a crime. The rapper is under investigation for aggravated assault, and the alleged victim is a man who was physically attacking and harassing A$AP and his crew before the street brawl that landed him in jail.

Rep. Espaillat tells TMZ ... the State Dept. is monitoring the situation and has reached out to the Swedish ministry, but A$AP and 2 members of his entourage remain in jail, where they spend 23 hours a day in their cells. 

Espaillat says A$AP's manager flew to Sweden days after the arrest, and his hotel room was raided by Swedish authorities and his cell phone was confiscated. 

The Congressman adds, Sweden is putting out a false image, projecting a country based on democracy and decency ... but he sees the complete opposite.

Donald Trump Jr. opted for a life of faux conservatism and mud-slinging politics over a happy ever after with his one true love ... so says his self-described soulmate, Aubrey O'Day.

The Danity Kane singer chopped it up Tuesday night with a photog, who asked about her recent musing about Don Jr. as the one who got away. She confirms what TMZ first reported ... and it sure sounds like she considers him her meant-to-be. 

Aubrey says it point blank ... that she and Don are soulmates, and the dude trumpeting his dad's policies is NOT the guy she knew (and fell in love with) once upon a time.

As you might know, Aubrey and Don Jr. allegedly had an affair back in 2011, when she was a guest star on the "The Apprentice." 

She tells the pap that Donnie probably thinks they're connected as well, but wouldn't ever admit it ... especially now that he's dating Kimberly Guilfoyle and seemingly following in his father's footsteps, possibly even into public service. 

Speaking of that, Aubrey weighs in on potential First Lady title under the pretense they were still together. She says that'd never happen though based on their political differences.

Joaquin "El Chapo" Guzman will spend the rest of his life in prison ... unless he manages to escape again.

The Mexican kingpin was just handed a life sentence, plus 30 years, by the judge in a federal courtroom in Brooklyn after being convicted on all 10 counts he was facing back in February.

He's also ordered to forfeit $12.6 BILLION to the government as a result of the dirty money he made from his criminal drug enterprise.

As we reported, El Chapo was found guilty for engaging in a continuing criminal enterprise, conspiracy to launder narcotics proceeds, international distribution of cocaine, heroin, marijuana and other drugs and use of firearms.

The verdict came after a nearly 3-month trial in which the jury heard around 200 hours of insane testimony about drug trafficking, luxury weapons, money laundering ... and an alleged $100 million bribe to a former Mexican president.

El Chapo reportedly looked stunned by the guilty verdict but managed to give his wife, Emma Coronel, a double thumbs up before he was led out of the courtroom.

Of course, all of this came after the Sinaloa Cartel's leader was captured by the Mexican government in 2014, escaped more than a year later through a mile-long underground tunnel ... only to be caught again in early 2016.

He was extradited to the U.S. in 2017, but before his trial began in November 2018, he filed a bunch of weird motions about his life behind bars -- including TV and prayers complaints -- and made a promise to not be violent with the jurors.

Chris Pratt wore a shirt that repped the "Don't Tread On Me" flag, which has now been labeled by some as "racist" and something white supremacists use ... but that's not entirely accurate.

Here's the deal ... Chris was out in L.A. with his wife, Katherine Schwarzenegger, earlier this week ... and he was wearing a navy t-shirt with the American flag on it and a rattlesnake superimposed, sitting atop the phrase "Don't Tread On Me." It's a mash-up of Old Glory and the Gadsden flag. 

Chris has been criticized over the past few days for repping the flag and the slogan -- originally created during the Revolutionary War as a message from the American colonies to England. It has since been adopted by the Tea Party and other far-right political groups. 

The Gadsden flag has also been used by some white supremacists in recent years -- most notably in 2014 when the bodies of 2 dead police officers were draped with the Gadsden flag that also bore swastikas. It's also been seen in the same company as confederate and Nazi flags.

The Equal Employment Opportunity Commission ruled in 2016 that the flag alone could be viewed as racial harassment in the workplace, depending on the context. While it noted the flag doesn't have racist origins, today it can be "sometimes interpreted to convey racially-tinged messages in some contexts." The agency called for further investigation.

The reason why Chris Pratt is being called out might have to do with a Yahoo UK article that flat-out called his wardrobe a "white supremacist" shirt ... making the leap many other outlets wouldn't.

WHAT A CATCH!!!

Borussia Dortmund goalkeeper Roman Burki -- one of the best in the world -- put his hands on display at a famous Seattle fish market ... and the footage is trout of this world! 

Burki -- along with BVB teammate Marwin Hitz and former keeper Roman Weidenfeller -- volunteered to do some fish-catchin' Tuesday at the Pike Place Fish Market. 

Fish catchin' at Pike Place is one of the big draws to the market ... and it's HARD -- imagine trying to grip on a full-grown, scaly, slippery fish! 

But, when the salmon came flyin', Burki stepped up ... and caught the fish with ONE HAND! 

The crowd loved it, the staff loved it ... and the fish didn't know any better because it's dead. 

Who's hungry?!

Quavo will think twice and maybe three times before ever stepping foot on Swedish soil again, because he says he -- just like A$AP Rocky -- was abused by Swedish cops.

We got Quavo early Wednesday in WeHo leaving Bootsy Bellows, and the Migos star shared something he's never talked publicly about before ... he and his cameraman were cornered by Swedish cops, put on the ground and almost arrested.

Quavo makes it seem like it happened very shortly after arriving in the country.  

As we reported, A$AP is being treated like a convicted criminal, sitting in a Swedish jail for weeks and authorities haven't even charged him with a crime. He's under investigation for aggravated assault where the alleged victim is a man who was harassing and physically attacking A$AP and his crew before the incident that landed the rapper in jail.

The State Dept. is now involved, trying to get A$AP out of custody while he awaits the decision of Swedish prosecutors.

It's a "Black Mirror" episode come to life -- Elon Musk is developing a chip to implant in the brain that allows humans to control computers with their minds ... and says a monkey's already done it.

The tech guru made the stunning announcement Tuesday to employees at his neurotechnology company, Neuralink. While answering a question about testing the chip on animals, Musk said the results have been "very positive," and went on to boast ... "A monkey has been able to control a computer with its brain, just FYI."

Elon didn't elaborate, but some of the results of the testing are expected in a report soon, and he says the company hopes to start testing on humans before the end of the year.

So, what exactly is the goal of this? Musk wants to create a "brain-computer interface," and design a chip that can be implanted in the brain capable of transmitting signals with it.

He says the short-term goal would be to treat various brain disorders like Alzheimer's and Parkinson's, but ultimately ... Musk's mission is to achieve "symbiosis with artificial intelligence."

Translation -- our brains would be directly connected to computers for mutual benefit. You'll literally have Google on the brain.

Floyd Mayweather only had to wait one week to get revenge on Bone Collector's super embarrassing ankle breaking incident -- and this time, Floyd got out alive!!

The Champ took the first L of his career last week ... falling flat on his ass after trying to defend the streetball legend at the $50k Charity Challenge Celeb hoops game at UCLA.

But, Floyd didn't back down on Tuesday when he got back on the court in L.A. for the Quavo x Legends Celebrity Charity Game at the Mamba Sports Academy.

This time, Floyd again matched up with BC -- but didn't get juked out of his jockstrap. In fact, Floyd's team actually won! 

Bone Collector was still able to do his thing, though ... putting 'Wild 'n Out' star Dan Rue in a blender and crossing him up.

But, the best part of the game ... the NFL STARS PUT ON A DUNK SHOW!!!!

Terrell Owens and Cleveland Browns tight end David Njoku went HAM on the court -- really impressive stuff. 

Team Quavo ended up taking the title away from Team 2 Chainz ... but the game raised a BUNCH of money for charity, so everyone wins!!

Nipsey Hussle was not going to be prosecuted for any type of gang activity at the time of his death ... the LAPD was trying to curb gang activity in and around his store, but he was never the target, according to law enforcement sources.

As TMZ and the New York Times reported, the LAPD and L.A. City Attorney were investigating Nipsey and his business partners for alleged gang activity at his Marathon Clothing store and the surrounding strip mall.

Sources connected to the 2 agencies now tell us, they weren't specifically targeting Nipsey -- they say the investigation centered around abating gang activity in the area, which has been a long-standing problem.

No one from either agency would be specific as to their end game. And, no one from either agency could explain why Nipsey's name was specifically mentioned in connection with the investigation, especially since they now say he wasn't a target.

One high-ranking law enforcement source tells TMZ, the investigation is now a hot potato in the wake of Nipsy's murder, because the City has hailed him as a hero and someone who was trying to prevent gang violence. 

Nipsey shunned gang activity at Marathon and although he allowed gang members to enter his shop he forbade any violence. As a matter of fact, he employed past felons and ex-gang members to keep them on the straight and narrow. 

By the way ... Nipsey's family closed the Marathon store after his death, but the online shop is still up and running.

Joe Jonas and his bride, Sophie Turner, are still honeymooning under the Southern Italian sun -- and even though they're two weeks deep ... they're treating each day like it's their first.

The couple was spotted Sunday near the shores of the cliffside village of Positano -- and as they made their way down a set of stairs to board a boat ... Joe made sure to capture all the moments.

Sophie had his back too -- he was looking one way firing off shots of the coast, and she was keeping watch on the other side ... making sure he didn't miss anything. Teamwork makes the newlywed dream work!

Before their boat ride, Sophie and Joe enjoyed themselves a couple refreshing spritzers with some smooching in between. It's like they just left the altar!

The couple's been in Italy for at least 14 days now -- they got hitched in late June over in France ... and then jetted down to Italy to soak in some rays ... like just about every other famous traveler, it seems. The also-freshly-married Kat McPhee and David Foster were also honeymooning on a nearby yacht.

Leo Durocher, EAT YOUR HEART OUT!!!

A 6-year-old "coach" for a college summer league baseball team got his ass EJECTED on Saturday after kicking dirt on the umpire ... and the video is AMAZING!!

The kid is Coach Drake of the Kalamazoo Growlers -- which competes in the Northwoods League -- and when the umpire blew an obvious call, Drake WENT HAM ON THE BUM! 

He stomped around. He wagged his finger. He kicked dirt and he got all up in the ump's grill -- so he got tossed. 

But, that's just the beginning ... 

Coach Drake stormed back into his dugout and started throwing bats onto the field. 

The best part is when he grabs a 5 gallon bucket of balls and tries to spill 'em onto the diamond ... and the struggle with the bucket is epic. 

R. Kelly isn't the only man who can put a roof over the head of his alleged victims ... Azriel Clary's father is also dangling free rent, if she opens up communication with her family.

Angelo Clary tells TMZ ... he's ready and willing to put his daughter up in her own place in Chicago, as long as she moves out of Kelly's Trump Tower condo and makes contact with her relatives.

Azriel's dad says the deal even extends to Kelly's other live-in "girlfriend," Joycelyn Savage ... if that's what it takes to get the women away from the embattled singer's clutches.

With Kelly in jail for the foreseeable future after the judge denied bond during Tuesday's hearing ... Angelo is making an impassioned plea for his daughter and Joycelyn to finally cut ties with Kelly, and he's trying to sweeten the pot anyway he can.

We broke the story ... Azriel and Joycelyn claim they've recently been cut off from Kelly's funding, but also say they're still living in his high-rise condo, and plan to stay there. We're told Kelly paid rent through the end of the year.