Accused molester Harry Goularte’s stepfather has formally denied all allegations brought by former UFC heavyweight champion Cain Velasquez and his family in a civil lawsuit, according to recently filed court documents.
Paul Bender provided 14 affirmative defenses and requested a jury trial in a response letter filed June 27, which was obtained Tuesday by MMA Junkie.
Bender, along with wife Patricia Goularte, stepson Harry Goularte, and associated businesses face a number of accusations in a civil suit filed by the Velasquez family in April. The lawsuit was filed after Velasquez was charged with attempted murder when he allegedly shot Bender in the arm while targeting Harry Goularte during a high-speed chase on Feb. 28.
Bender specifically was accused of negligence, as well as allowing and creating an environment for Velasquez’s 4-year-old son to be allegedly molested by Harry Goularte, who currently faces a felony charge of lewd acts with a child. Goularte pleaded not guilty to the charge in June.
The letter claims Bender had no knowledge of the alleged molestation, was not responsible for what his stepson may or may not have done, and did not oversee or own Patty’s Child Care, the daycare in which the alleged actions took place. Bender’s attorneys also wrote that the civil lawsuit against their client lacks facts.
Bender, through his attorneys, also filed a motion to postpone the civil proceedings until after the criminal lawsuit against Velasquez concludes to figure out if the alleged molestation actually occurred or to what extent.
“While he is not named in the criminal complaint and denies that he was involved in any offending actions, he is nonetheless asserting his fifth amendment right due to the nature of the allegations raised in this case, which accuse him of participation in the events and of covering up the alleged crimes, and because his defenses are in part predicated on Harry’s criminal guilt or innocence,” the motion states.
The reasoning for that, according to his attorneys, is Bender won’t be able to adequately defend himself if he pleads the fifth, as the criminal case determines what illegalities were committed. The document adds that Bender’s wife, Patricia Goularte, and stepson Harry Goularte will likely plead the fifth in the civil case under these circumstances, as well. Neither Patricia nor Harry Goularte have received their civil summons at this time.
“The alleged molestation is at the heart of this civil action,” the motion states. “… While the rush to judgment is understandable in this type of situation, it is important to not conduct a witch hunt against the defendants and allow them to mount a full and fair investigation of their own to aid in their defense. Although Paul is not the subject of criminal investigations or proceedings, at this time, his defense relies almost entirely on the testimony of third parties who are criminal defendants.
“All of the alleged wrongdoing against Paul is dependent on whether a molestation actually occurred as described in the complaint. The testimony of Harry and Velasquez will determine if there is any liability against Paul or any of the other defendants.”
The first court hearing for the civil lawsuit is scheduled for Sept. 20.
Goularte is due in Santa Clara County (Calif.) court for a criminal pre-trial hearing Sept. 5 in San Jose. Velasquez is due for a motion hearing Aug. 5, with a plea hearing scheduled for Aug. 19.
Velasquez’s lawyer, Mark Geragos, recently filed a writ petition to California’s 6th District Court of Appeal that asked for his client’s release from jail with or without stipulation, or to remand the matter of bail to a higher court.
Geragos cited Bender’s potential plan to plead the fifth civilly as a “change in circumstance” that should allow bail reconsideration for Velasquez criminally. Bender gave a witness account at a criminal bail hearing for Velasquez, which Geragos thinks should be nullified if Bender chooses not to speak in the civil case.
Judge Shelyna Brown previously shut down Geragos’ claim this is a change in circumstance as she denied Velasquez bail for the third time July 11.
