Velasquez Attorney Mark Geragos Gives Updates

It’s approximately one month until Cain Velasquez has his pre-trial hearing in Santa Clara county court and his attorney Mark Geragos is keeping their cards close to their chests.

One hundred eighty days ago, Velasquez was arrested Feb. 28 and subsequently charged with a handful of felonies including attempted murder. He will be due back in court Monday for an in-camera hearing, before his preliminary hearing Sept. 26.

“As we argued, not one or twice but three times on the bail hearings, he does not belong where he is, No. 1. And No. 2, the only victims here, which are his family, are the ones who really need him,” Geragos said in a recent interview with COURT TV. “It’s frankly perplexing to me what is going through the mind of the people who are seeking or who have sought to keep him in custody.”

While Velasquez was denied bail three times, his alleged target, an accused molester named Harry Goularte is out, awaiting a pre-trial hearing on his own scheduled for Sept. 20.

Velasquez is accused of shooting at Goularte, who allegedly molested Velasquez’s four-year-old son. Velasquez allegedly struck Goularte’s father, Paul Bender, in the shoulder instead, which resulted in serious injuries.
Despite Goularte being listed as the complaining witness on the criminal lawsuit against Velasquez, the district attorney’s office has indicated he will not take the stand, indicated Geragos, who thinks the move is hypocritical and problematic.

“You have to wonder,” Geragos said. “We’re already in upside-down world. Now, we’ve gone through the looking glass.”

With the two pre-trial hearings scheduled six days apart, there were questions if any continuances would be requested and which would actually transpire first. Geragos doesn’t plan on delaying his client’s hearing.

“I look forward to seeing how they plan on proving the case when one of the witnesses they’re not going to call,” Geragos said. “The other two have invoked the fifth amendment. I’d like to know if they’re going to weigh that and get on the stand and subject themselves to cross-examination.

“Our investigation has already revealed that it’s apparent that the mother and the stepfather were intimately involved in everything that was going on at the daycare center. We’ve got a lot of questions for them. … Stay tuned. We’ll see you next month and we think that there’s going to be some surprises.”

Both Velasquez and Goularte face criminal charges from the district attorney, an additional unique attribute to the ongoing court cases that Geragos takes exception to.

“How do you serve those two masters?” Geragos said. “It makes absolutely no sense. This thing is really an abomination.”

Geragos feels empowered by a case he worked on in the past involving a similar scenario. In 2012, Geragos assisted a man named William Lynch, who had allegedly assaulted a priest accused of molestation.

“That case was nowhere near, and I know Will will get mad at me for saying this, in my opinion, nowhere as egregious as this is,” Geragos said.

Although his client is behind bars, Geragos indicated the real threat to the community is Goularte, not Velasquez. With that in mind, Geragos said he’s not afraid to take it to trial and didn’t rule out that Velasquez might testify.

“My client wants to tell people his story,” Geragos said. “I’ll just leave it at that. He wants to tell them the truth. He wants the truth to come out, as do I. That’s why I said that it’s upside-down world. Usually, when you’re in the defense, the last thing you want to do is anything but to try your case but within the prosecution case. Here, in this case, I think when the truth comes out, people are going to be even more horrified than they already are.”
Velasquez, 40, already pleaded not guilty to the charges he faces. If found guilty of attempted murder, Velasquez faces a minimum of 20 years and up to life in prison, according to the California penal code. He faces additional time if found guilty of other counts.

Geragos filed a 246-page writ appeal in July with an appellate court with the hope of getting his client out on bail or having the case heard by a higher court.

Meanwhile, Goularte also pleaded not guilty. He faces one felony charge of “lewd acts with a minor under the age of 14.” His court appearance scheduled for Sept. 20 will mark the first time Goularte will have to appear in person at a hearing, as opposed to virtually.

A civil lawsuit filed against Goularte, his family, and their businesses is also pending. Bender is the only one who has responded to the suit at this time. He has denied allegations.

A special in-camera hearing to discuss matters pertaining to the ongoing criminal case of former UFC heavyweight champion Cain Velasquez was continued by a Santa Clara (Calif.) Superior Court judge Monday.

Discussions now are tabled until Sept. 9 and still are scheduled to be in-camera – or in other words, behind closed doors.

Judge Jessica M. Delgado did not provide any details as to the extent of the discussions Monday when she appeared virtually due to a COVID-19 exposure.

The matter of the hearings pertains to accused molester and alleged shooting target Harry Goularte’s relevance to Velasquez’s case. Velasquez attorney Mark Geragos has argued the Santa Clara County district attorney’s office should hand over all documents pertaining to Goularte’s alleged molestation of Velasquez’s 4-year-old son. Meanwhile, DA representative Aaron French has indicated he plans to only share documents the office deems relevant.

Geragos repeatedly has protested the DA serving as prosecutor for both the Velasquez and Goularte cases and frequently uses the expression “serving two masters.”

Additionally, Geragos and his assistants have expressed concern at the notion the DA’s office does not plan to call Goularte as a witness in the Velasquez case.

“Harry Goularte was fundamental and critical to what he observed and how that investigation against Mr. Cain Velasquez happened,” Velasquez attorney Renee Hessling said at an Aug. 5 hearing. “To say that he should just be completely excised from this equation and pretend that he does not exist and just completely dismiss his presence or what type of role he has in that, I think is a fiction. I don’t think that that is practical. I think it’s fundamentally unfair to Mr. Velasquez.”
When she initially called for the in-camera hearing, Delgado explained the rare circumstances of the two cases, as well as the sensitivity of a minor being involved in the Goularte case made discussing matters out of the public view a viable option.

Velasquez, 40, was arrested Feb. 28 after he allegedly pursued and shot at Goularte and struck Goularte’s stepfather Paul Bender in the shoulder. Velasquez later was charged with multiple felonies, including attempted murder.

Between the criminal case for each and a pending civil case by Velasquez against Goularte and his family, the next month will be busy with court proceedings for both the alleged shooting and alleged molestation.

In addition to his Sept. 9 hearing, Velasquez is due back in court for a pre-trial hearing Sept. 26. Velasquez has pleaded not guilty to all charges.

Goularte is due in court Thursday for a court-ordered hearing ahead of a Sept. 20 pre-trial hearing of his own. Goularte pleaded not guilty to one felony charge of “lewd acts with a minor under the age of 14.”

A Sept. 6 hearing is currently set for the civil lawsuit. Bender so far is the only person of three sued by Velasquez who has responded to summons. He denied all allegations.

I hope we have an overwhelming g case of jury nullification.

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Cain should have hired Jose Biez, the dude who got the “tot mom” (Casy Anthony?) off on murder charges.

You think Cain can blow him as well as that dirtleg did…?