SAN JOSE — A preliminary examination for former UFC star Cain Velasquez got underway Monday, a hearing that will determine whether Velasquez goes to trial on attempted murder and assault charges alleging he chased then shot at a man accused of molesting his child earlier this year.
If a judge sends him to trial, Velasquez will remain in the Santa Clara County Main Jail, where he has been held without bail since his Feb. 28 arrest. His defense team sought to overturn his denial of bail by Superior Court Judge Shelyna Brown in July before the Sixth District Court of Appeal. The appellate court in late October rejected that petition.
Velasquez, 40, has pleaded not guilty to one count of attempted murder, three counts each of assault with a firearm and assault with a deadly weapon, and three associated gun-crime charges, all felonies. He is being represented by Los Angeles-based attorneys Mark Geragos and Alexandria Kazarian — both of whom were in court Monday — as well as South Bay attorney Renee Hessling. Deputy District Attorney Aaron French is prosecuting the case.
According to police and prosecutors, Velasquez on Feb. 28 followed Paul Bender and Patricia Goularte as they drove from their home in San Martin to Morgan Hill, where they were going to pick up their son Harry Goularte Jr. and take him to San Jose to get outfitted for an ankle monitor.
Goularte Jr., 44, was charged in February with one felony count of a lewd and lascivious act with a child who has since been widely identified as Velasquez’s young son. The child told his parents about being molested by Goularte Jr. at a home-based San Martin daycare run by his mother, Patricia Goularte.
Goularte Jr. was arraigned Feb. 25, and a judge granted him supervised release. A preliminary examination in his case is scheduled for Nov. 14.
As Patricia Goularte and her husband Bender met up with Goularte Jr. in Morgan Hill on Feb. 28, Velasquez is alleged to have driven up to their vehicle and fired a handgun at Goularte Jr., then followed them as they drove away. The chase got to Monterey Highway and Bailey Avenue in South San Jose, where Velasquez reportedly fired several shots at the family, wounding Bender. Velasquez was arrested soon after by police.
Monday’s preliminary examination was preceded by a series of challenges by Velasquez’s team that, besides arguing for bail, also sparred with French and his office over whether records regarding the investigation and charges against Goularte could be disclosed to the defense team. The district attorney’s office was wary of giving the defense wide access to case files that involved a separate case, while Velasquez’s attorneys argued that information from Goularte case was essential to mounting a defense since that charge undoubtedly fueled their client’s alleged actions.
This court battle led to multiple postponements of the preliminary examination; ultimately, Judge Jessica Delgado approved the release of a selection of records and files from the Goularte case.
Throughout the pretrial hearings for Velasquez, his family and supporters have shown up, often en masse, to his court dates, no matter how brief or procedural. That was also the case Monday. Geragos has steadily reiterated the frustration shared by Velasquez’s family and supporters, describing as “hypocrisy” how Goularte Jr. is walking free while Velasquez remains in jail and arguing that his client was responding to the criminal-justice system failing his family.
But Patricia Goularte and Bender have claimed in court that the presence of these supporters at hearings for Goularte Jr.’s case, as well as fervent public and fan support for Velasquez, have forced them into hiding.
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