SAN JOSE – The trial of Cain Velasquez – the previous mixed martial arts champion accused of attempting to kill a person accused of abusing his child and as an alternative after an extended chase in South Bay shot the person's stepfather – is scheduled to start on September ninth The judge ruled on Wednesday.
The scheduled start of the trial in Santa Clara County Superior Court would take nearly two years after a unique judge determined there was enough evidence to convict Velasquez, who had fought professionally out of San Jose, on attempted murder and nine charges could stand trial for assault. It would even have been greater than two and a half years after the shooting, which occurred in late February 2022.
Judge Elizabeth Peterson on Wednesday also scheduled a preliminary hearing for June 26 to find out whether the prosecution and defense might be able to go to trial in September.
Velasquez has been out of custody since being granted $1 million bail and monitoring his release following the November 2022 preliminary examination that brought his case to trial.
He has since been allowed to compete in wrestling and mixed martial arts events in California and Arizona under his release conditions, which permit court-approved travel for work. He also trained on the American Kickboxing Academy, the San Jose school he represented during his rise to grow to be UFC heavyweight titleholder last decade.
Velasquez was not required to seem in court for Wednesday's hearing after receiving a court exemption and has had his attorney Renee Hessling appear on his behalf for a full yr as she and the Santa Clara County District Attorney's Office appear within the hearings on procedural matters processed.
Velasquez's attorney said after Wednesday's hearing that she didn't know whether she was prepared for a trial in early September. She subpoenaed medical records and other information, however the materials were incomplete, she said, declining to explain the records and knowledge.
Velasquez, 41, is accused of shooting Harry Goularte Jr. no less than twice while he was traveling along with his mother, Patricia Goularte, and stepfather, Paul Bender, who reportedly drove him from Morgan Hill to San Jose on February 28, 2022, to get him fitted for an ankle monitor at a county office. Three days earlier, Goularte Jr. was charged with a lewd and lascivious act with a toddler based on allegations that he abused Velasquez's son at a day care center in San Martin run by his mother. Goularte Jr. was granted supervised release over prosecutors' objections.
Goularte Jr., 45, has since been delivered to trial, however the case remains to be within the trial phase from which Velasquez has just emerged.
Velasquez faces life in prison if convicted of those charges. His lawyers have noted in previous court filings that Velasquez suffered impulse control problems and brain injuries consequently of his mixed martial arts profession.
They have also hinted that they could represent the sexual harassment lawsuit against Goularte Jr., arguing that Velasquez acted in response to the criminal justice system failing his family. Velasquez is suing Goularte Jr. and his parents for alleged sexual abuse; The trial was suspended until the criminal proceedings were accomplished.
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