Harry Goularte hearing pushed to 2023 as judge issues body attachment warrant for mother who ran daycare
The legal proceedings for accused child molester and alleged Cain Velasquez target Harry Goularte have been put on hold until 2023 as the district attorney’s office struggles to get in contact with his mother.
On Monday, Goularte was due to appear in Santa Clara County (Calif.) court for a criminal pre-trial hearing. Instead, Judge Daniel T. Nishigaya reset the matter until Jan. 17 at the request of both the defense and prosecution, according to a court document acquired by MMA Junkie.
While the hearing was otherwise a simple continuance, Deputy District Attorney Robert Philbrook motioned a body attachment order for Goularte’s mother, Patricia, who ran the daycare where Velasquez’s 4-year-old son was allegedly molested by Harry.
Harry pleaded not guilty this past June to one criminal charge of lewd acts with a minor.
According to Philbrook, the DA’s office personally served Patricia papers to appear as a witness. However, Patricia did not show up Monday and did not answer or return phone calls.
Judge Nishigaya issued a body warrant attachment for Patricia and stayed it until Jan. 17, the date of the rescheduled hearing, at which time Patricia will have to appear, or a bench warrant will be activated for her to be taken into custody.
Patricia also recently has been accused by Velasquez’s civil attorney, Warren Paboojian, of “evading service” of paperwork in an ongoing civil lawsuit by the Velasquez family against the Goulartes.
According to civil documents obtained by MMA Junkie, Paboojian documented six separate occasions in which his offices attempted to serve Patricia Goularte paperwork, but to no avail.
As a result, Judge Socrates Peter Manoukian ruled Patricia be summonsed by local news publication The Morgan Hill Times. The summons will appear in the paper once every week for four weeks as a potential substitute for in-person summons service.
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Paboojian also provided evidence an attorney representing Patricia Goularte and Paul Bender offered the Velasquez family $100,000 for instant resolution of the lawsuit in June. The offer was rejected.
If found guilty, Harry Goularte could face up to eight years in prison and/or a $10,000 fine. He is currently out on bail with GPS monitoring and has been permitted by the court to work construction.
Meanwhile, Velasquez is currently out on $1 million bail as he faces a handful of charges, including attempted murder, after he allegedly followed and shot at Goularte in a high-speed car chase and struck Goularte’s stepfather, Paul Bender, with a bullet. Velasquez is due back in court Nov. 21 for an arraignment.
