Tom Sizemore is pleading with the court to dismiss his sexual molestation case based on the lousy rule that he wasn’t home at the time the complaint was delivered, RadarOnline.com can exclusively reveal.
According to the Third Judicial District Court of Salt Lake City, Utah, Sizemore filed a “Motion To Dismiss” on September 17, 2018 following allegations that he sexually molested a then 11-year-old actress in 2003 while on a Utah film set.
Sizemore, 56, explained to the judge that he “has never resided in the State of Utah nor does he have any assets, real estate, or connections to this state.” He added that he was “not at home at the time he was allegedly served” with the summons on July 6, 2018, “until after dark.”
The actor added that he learned of the complaint when he found it “on the floor of his garage the next day.”
While Sizemore doesn’t deny any wrong doing in the filing, he says that because he found the summons on the floor, “Rule 4 does not authorize service by leaving a copy of the summons and complaint on the floor of a party’s garage,” and therefore he requests the case be dismissed.
While a decision from the judge is still pending, a September 11, 2018 affidavit from Sizemore’s assistant, Vanessa Bednar, backs up his claims.
“I was with Mr. Sizemore throughout the day on July 6, 2018 because he was doing a pick up shot for his work as an actor that day,” Bednar wrote. “Mr. Sizemore and I went to my residence after doing the pick-up shot that day to go over work-related issues. Mr. Sizemore left my residence at approximately 7:00 p.m. that evening.”
As Radar previously reported, Kristen Pyke, now 27, filed a $3 million lawsuit alleging Sizemore groped her while on a photo shoot during the production of the movie Born Killers.
When the allegations first surfaced publicly, Pyke told her parents that Sizemore had touched her vagina during a second-unit still portrait session, in which the child had to sit on his lap. According to cast and crew members on the film, Sizemore allegedly “either rubbed his finger against the girl’s vagina or inserted it inside.”
Production manager Cassidy Lunnen recalls that “the girl was so young it was unclear to her and [later] told her parents what had actually taken place and if it was intentional or not.”
Sizemore, who denied the claims when production confronted him about it, was sent home after the alleged incident.
Salt Lake City police investigated in 2003, but prosecutors didn’t file charges, citing witness and evidence problems.
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