A judge rejected the Manhattan District Attorney Office‘s attempt to silence Cuba Gooding Jr.‘s defense team with a gag order days before his sex trial is set to begin, Page Six reports. He is charged with squeezing a woman’s breast on June 9th at a bar in NYC. He denies the allegations.

Prosecutor Jenna Long sent a memo to Judge Phyllis Chu on September 25th asking her to tell attorneys to “refrain from discussing the evidence with members of the press or disclosing any materials provided in discovery to the press or public.”

She argued that she was giving the defense videos in which the defendant makes “references to mental health, prior sexual abuse and sexual experiences and feelings.”

The videos were posted publicly, but Long said that since the incident went public, she set her YouTube channel to private.

Chu shot Long down. The Jerry Maguire star’s trial begins today (Thursday).

Defense lawyers Mark Heller and Peter Toumbekis previously used the plaintive’s social media posts to argue that she is unstable. Gooding Jr. is facing two misdemeanor charges and has pleaded not guilty.