According to an official police report and transcript obtained by Pulitzer Prize-winning journalist Nigel Jaquiss of Williamette Weekly, late on the night of April 22, 2011 at The Barrel Room nightclub in Old Town, Portland, a woman approached Cuban to take a photo. She says that despite the fact no charges were filed, she stands behind her report "1,000 percent". Meanwhile, Cuban flatly denied the allegation, telling the Associated Press on Tuesday: "It didn't happen".
The report about the 2011 allegation comes two weeks after Sports Illustrated published an investigation into a Mavericks "corporate culture rife with misogyny and predatory sexual behavior".
"In both images, Cuban's right shoulder is lowered and he appears to be stretching to reach his arm down", the detective's report says.
Cuban has denied the allegations.
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She also submitted seven pictures as evidence, two of which were described as "significant" by McGuire. "These allegations are thoroughly investigated by the Multnomah County District's Attorney's Office and the Portland Police Bureau", Cuban's attorney Stephen Houze said.
In his 2011 memo, Rees wrote that investigators interviewed friends of the woman with her at the nightclub as well as employees and other patrons.
"It was apparent he was very drunk", the woman's friend later told police. The woman appeared to have a "look of surprise and strain" in some of the photos, the officer noted. Cuban was inPportland during the time in question for a basketball game. They provided written opinions claiming that it would have been impossible for Cuban to penetrate the woman's vagina with his finger given the circumstances of the alleged incident.
"There is no evidence to corroborate the complainant's statement and there is evidence contradicting the claim", prosecutors wrote in a report explaining why they weren't pursuing the case, adding that the woman didn't want to proceed either.