Cain Velasquez remains in jail after a third attempt to get bail by lead defense attorney Mark Geragos was denied.
This past Monday, Velasquez appeared in the Santa Clara County Hall of Justice in San Jose, Calif., for a hearing during which Judge Shelyna Brown denied a motion for bail once again, according to court documents obtained by MMA Junkie.
In order to challenge the court’s ruling to potentially overturn the previous bail denials, the defense needed to provide Judge Brown with a change of circumstance. Geragos argued that intent by Harry Goularte, Patricia Goularte and Paul Bender to not testify in a civil lawsuit should be seen as a change of circumstance in the criminal case against Velasquez, who is facing a 20 years-to-life sentence in prison for attempted murder.
Geragos added that Velasquez, who’s been in custody since Feb. 28, was willing to post a $1 million bond and accept all requirements of the court in order to be back with his family.
Aaron French of the Santa Clara County District Attorney’s Office argued no decision on testimony status had been made for the Goulartes or Bender.
Ultimately, Judge Brown ruled not to disturb her previous rulings. Brown said testimony status is irrelevant to the risk factor she thinks Velasquez poses.
“Both factually and legally, I think the court got it wrong,” Geragos told MMA Junkie on Thursday. At previous hearings, Judge Brown went into greater detail of the risk potential she saw with Velasquez and described his actions as “reckless disregard for human life” after he allegedly initiated a lengthy high-speed chase and shot at a vehicle containing the Goulartes and Bender, who was struck in the arm.
Velasquez is due back in court Aug. 5 for a motion hearing, with an Aug. 19 plea hearing also on the court calendar. Meanwhile, Goularte has pleaded not guilty to a felony charge of lewd acts with a child. He is set to have a preliminary trial hearing Sept. 20. The first hearing for the civil lawsuit against the Goulartes and Bender is set for Sept. 6, with summons served.
In the previously referenced civil case, the Velasquez family filed a lawsuit against the Goulartes and Bender after their 4-year-old son was allegedly molested by Harry Goularte.
If found guilty of attempted murder, Velasquez faces a minimum of 20 years and up to life in prison, according to the California penal code. He faces additional time if found guilty of other counts.