Left: Cain Velasquez speaks after his release from jail in 2022 (Law&Crime Sidebar). Right: Harry Goularte (Santa Clara County Sheriff’s Office).
Harry Goularte, a California man accused of molesting the 4-year-old son of former UFC champion fighter Cain Velasquez at a day care center, says the judge overseeing his case was “asleep and not focused” on the bench during important parts of testimony from the alleged child victim.
Goularte, 45, remains out on bail and he will make his next court appearance on Nov. 13, court records show. An attorney for Goularte did not immediately return a request for comment on Thursday.
As Law&Crime previously reported, on Aug. 14, Velasquez, 42, was convicted of attempting to murder Goularte for the alleged molestation that occurred in 2022. Prosecutors called the former UFC fighter a would-be “judge, jury, and executioner” before he pleaded no contest to attempted murder and other charges.
Santa Clara County prosecutors allege that on Feb. 28, 2022, Velasquez was armed with a pistol when he went on a vigilante-style high-speed chase through San Jose before opening fire at Goularte, who was riding in a truck with two others, including Goularte’s mother and stepfather. One of the bullets the former MMA fighter fired hit Goularte’s stepfather, Paul Bender, in his shoulder.
Goularte was an employee at his mother’s day care center, Patty’s Childcare, in San Martin. He also lives there. As Law&Crime reported, he was arrested for lewd and lascivious acts but released just two days later. Goularte has already once tried and failed to have the case against him thrown out.
It was reported by CW affiliate KRON first that Goularte’s defense attorney, Steve DeFilippis, claimed presiding Judge Javier Alcala was asleep during proceedings in a recent motion.
“Judge Alcala at times was asleep and not focused on the proceedings taking place before him. His determination may have missed important, yet subtle parts of the testimony that lend to the minor’s credibility,” the attorney wrote.
Alcala’s “lack of focus also calls into question whether the influence of the minor’s parents’ non-verbal cues … during the testimony were even seen by the judge,” the filing reportedly said.
Prosecutors and police allege that the attack on the child occurred in the bathroom of the day care, according to KRON. Police said the boy told them that Goularte instructed him “not to tell anyone.”
According to a minute order reviewed by Law&Crime on Thursday, Goularte’s jury trial is slated for May 19, 2025, in the Superior Court of California in Santa Clara County.
Prosecutors and defense attorneys indicate it will take 10 days for evidence to be presented. There will also be a chance for a settlement to be struck; the order notes that a settlement conference is on the docket for May 14, just days before the trial is set to begin.
After Velasquez was released from jail following the posting of a $1 million bail after his arrest, a lawyer spoke to Law&Crime and said his client had a viable heat-of-passion defense.
Velasquez will be sentenced in October for attempted murder. He could face a sentence of anything from probation to life in prison.
Law&Crime’s Matt Naham and Alberto Luperon contributed to this report.
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