The first of two separate-yet-related plea hearings in Santa Clara County, Calif., court took place Monday when alleged child molester Harry Goularte pleaded not guilty to one felony charge of lewd acts with a minor under the age of 14.
The hearing took place in person at the South County Morgan Hill Courthouse in Morgan Hill, but Goularte was not physically present. He joined virtually for the second time in as many hearings, much to the dismay of a group of vocal Cain Velasquez supporters outside of the courthouse.
That will change, however, in the near future. Judge Le Jacqueline Duong ruled that Goularte must physically attend a preliminary hearing Sept. 20 at the Santa Clara County Hall of Justice, the same courthouse where Velasquez continues to appear.
Since an April hearing, Velasquez supporters and Goularte’s legal team have publicly expressed differences of opinion over whether or not Goularte should be physically present. Defense attorney Stephen Defilippis has voiced safety concerns and reiterated them Monday to KRON4 and Univision.
“We’re just looking forward to the opportunity to prove his innocence,” Defilippis said. “… He can’t get shot at virtually. … You start wondering why people would be following this particular case as opposed to the hundreds and hundreds of other similar types of cases that are at the courthouse every day.”
Lisa Chavez, the aunt of Goularte’s alleged victim, took exception with Defillipis’ take and called out Goularte for not being physically in court.
“Because he can’t get shot if he’s here? I say he’s a coward,” Chavez said. “… From what I know, he’s guilty. No 4-year-old says the things that that 4-year-old said without somebody being guilty. … It doesn’t change what happened after (with Velasquez). What he did is what he did. Nothing after the event happened. The victim is still a victim. I don’t have any sympathy for him being shot at.”
Goularte, 43, is accused of inappropriately touching Velasquez’s 4-year-old son on multiple occasions. The child told investigators Goularte possibly did this “100 times.” Goularte is currently out on bail with an ankle monitor and a protective order to stay at least 300 yards away from the alleged victim.
Goularte’s plea on Monday took place four days prior to Velasquez’s plea hearing Friday, which is scheduled 24 miles away in San Jose. Velasquez is still incarcerated as he faces an attempted murder charge among other gun-related charges after he allegedly chased Goularte in a high-speed chase and shot Paul Bender, the accused molester’s stepfather who drove the vehicle. Bender stated in May he was still struggling with physical and emotional effects from the incident.
Multiple requests for bail by Velasquez and his lead attorney, Mark Geragos, have been denied as overseeing Judge Shelyna Brown voiced concerns over public safety.
