Cuba Gooding Jr. definitely made contact with the back of the TAO nightclub server – it's clear in this surveillance video, but still again, this can be key to helping the actor defeat the allegations.
TMZ received security footage of an alleged incident involving the touching of Gooding's ass, referred to in 2 of the 6 counts he was facing. Natasha Ashert claims to have used her right hand to pinch her right seat while passing her at a New York LLP … at about 4:20 am on October 24, 2018  Two camera angles archive much of Ashworth's account of what goes down. After the initial contact you can see that she is excited and there is a heated convoy. She claims she told Gooding not to touch her ass, but he said, "Oh, this is not fun, and I am not, I touched your back."
The video shows Cuba trying to indicate where he claims to be. that he has touched. However, as prosecutors said in the indictment … you see Natasha grabbing his arm and moving him.
What is NOT clear from the video is what kind of contact Gooding made with Natasha's back – a healing touch, a tapping, or a "pinch" that she and prosecutors allege. This could help the Oscar-winner if it turns out to be a court hearing where prosecutors will have to prove the claim beyond a reasonable doubt.
On the other hand, Gooding is charged with third-degree sexual abuse and forcible touching – and the jury can see the contact making up the latter.
His lawyer, Mark J. Heller tells us, "This is a false claim to the ass, and the video proves that Cuba is innocent beyond reasonable doubt."  Gooding will be in the Manhattan courtroom on Thursday to be allocated to issue 5 and 6 – related to a separate accuser.