4:39 PM PT -- Cuba's attorney Mark Heller tells us he remains confident the judge will see what he's seen in the surveillance footage and dismiss the case.
He says, "The Court in its wisdom can review the video which, without exception, does not reveal any criminal conduct on the part of Cuba."
Cuba Gooding Jr.[1]'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[2] last month, but the judge said she would not make any "rash decisions" ... and tabled the matter for