The attorney for the man charged with molesting a child relative of former mixed martial arts champion Cain Velasquez says his client has been forced into hiding, and that his prospects for a fair trial have been compromised following Velasquez’s attempt on his life and ensuing public fervor supporting the alleged vigilantism.
Harry Goularte Jr., 43, appeared at his latest court hearing via video call Wednesday, which defense attorney Steve DeFilippis said was warranted after more than 50 people protesting Goularte showed up at the South County courthouse in Morgan Hill.
The previous day, at Velasquez’s latest court hearing for attempted murder and other assault charges, dozens of his supporters showed up to court and the courthouse holding signs reading #FreeCain and a banner displaying Goularte’s booking photo.
“There’s clearly a security issue, that’s what’s driving the virtual appearances at this point,” DeFilippis said in an interview Thursday. “Mr. G very strongly denies the allegations in this case, and is looking forward to the ability to disprove those charges. But I just don’t understand how Mr. Goularte is going to get a fair trial in this county with this kind of uproar and the upheaval this case has had.”
DeFilippis says Goularte’s current place of residence is being kept under tight control, after previous addresses, including the one initially disclosed to the court, were posted on social media. He added that Goularte’s supervised release was in line with similar decisions related to scores of past similar defendants with no criminal history.
In a brief phone call Thursday, Velasquez’s attorney, Mark Geragos, voiced no sympathy for Goularte’s circumstances.
“Any security issue can be solved by him going back into custody,” Geragos said, adding that the public outcry is strictly a reaction to the charges leveled against Velasquez by prosecutors.
Goularte has been charged with one felony count of a lewd and lascivious act with a child under the age of 14, specifically a 4-year-old. According to Santa Clara County sheriff’s investigators and prosecutors, the reported victim, a close relative of Velasquez, told their parents in February about being molested by Goularte at a home daycare in San Martin operated by Goularte’s mother.
This news organization is withholding the child’s name and exact relationship to Velasquez because the child is a minor and reported sexual abuse victim.
Goularte was arraigned Feb. 25, and a judge granted him supervised release, over objections from the district attorney’s office. Three days later, investigators say Goularte’s mother and stepfather drove from San Martin to Morgan Hill to pick him up and take him to San Jose to get outfitted for an ankle monitor. Court documents allege that Velasquez followed the parents and that once they picked up Goularte, he drove up to their vehicle and fired a handgun at Goularte, then followed them as they drove away.
The pursuit ended near Monterey Highway and Bailey Road on the southern edges of San Jose, where Velasquez reportedly fired several shots at the truck, wounding Goularte’s stepfather. Velasquez was arrested a short distance away by San Jose police.
On March 7, Velasquez was denied bail by Judge Shelyna Brown, touching off public outrage, especially among his fighter peers and people he trained at San Jose-based American Kickboxing Academy, a vaunted MMA gym he helped bring to prominence by becoming a two-time heavyweight champion with the Ultimate Fighting Championship.
Supporters and Geragos fiercely criticized Goularte being free as he awaits trial while Velasquez remains jailed without bail, characterizing the former fighter’s actions as the result of the criminal-justice system not protecting Velasquez’s relative and the public from Goularte. They have also pointed to investigators’ statements that they are exploring the possibility of additional molestation victims linked to Goularte, based on his access to the daycare.
Geragos said this week that he plans to file a motion to make a second attempt at convincing the court to grant Velasquez bail and monitored release similar to Goularte’s arrangement. Judge Brown was firm in her bail-denial explanation, saying that the nature of the allegations against Velasquez gave her serious concern that he posed a threat to Goularte and his family.
On Tuesday, Velasquez made his first public statements since he was jailed, through social-media messages posted on his behalf. He expressed thanks to his supporters, saying they “have given me strength in my darkest times,” and that “this story is complex and slowly unraveling as we speak. To the true victims of this case, may God give you the strength to come forward.”
DeFilippis voiced some sympathy for what appear to be Velasquez’s motives, but added that the public reaction to the case has put in peril Goularte’s ability to defend himself in court.
“(Velasquez) made an effort to be the judge, jury and executioner on a case. That’s not right. I can understand why he did it, but I certainly can’t support what he did,” DeFilippis said. “Here, I’m going to be fighting against a public uproar on a case fueled by the fact that an MMA hotshot took some action that he never should have done.”
Source: www.mercurynews.com