Cain Velasquez pre-trial hearing: Live updates

The hearing for former UFC heavyweight champion Cain Velasquez is about to begin with Judge Arthur Bocanegra presiding.

Velasquez is represented by attorney Mark Geragos, Alexandra Kazarian and Renee Hessling.

The Santa Clara County (Calif.) District Attorney’s office is represented by Aaron French.

Familiar MMA faces in the court room include AKA coach Javier Mendez, UFC middleweight Abubakar Nurmagomedov, UFC featherweight Gabriel Benitez, and former Bellator bantamweight Shawn Bunch.

French calls Morgan Hill (Calif.) police officer Sergio Pires as a witness and begins questioning him about his training with firearms.

Geragos interjects and expresses displeasure in the line of questioning, indicating the DA’s office is using him as an expert rather than a witness.

Pires describes responding a dispatch of truck chase northbound toward San Jose. Upon arrival, he says he witnessed the pursuit and pulled a U-turn to get behind it.

When he pulled behind the rear truck, he says it pulled over and out came Velasquez, who laid in a prone position.

This image of Velasquez’s truck was not shown as an exhibit in court, but was acquired as part of past court documents retrieved by MMA Junkie.

French requests a series of photo exhibits be entered as evidence for the sake of the pre-trial hearing.

Officer Pires identifies the images, which depict damage to both vehicles. He says a .40-caliber gun, magazines and shell casings were found inside Velasquez’s card. Additionally, he mentions bullet holes were found in Velasquez’s windshield, consistent with a path from inside the vehicle to outside.

Then, Pires confirms images of the truck allegedly carrying Goularte as having bullet holes in its side. Blood is seen on the driver’s side seat.

French brings up a map, which shows an image of Charter School of Morgan Hill, which he says was along the route of the alleged incident and shooting.

Note: The above map is not the exact exhibit shown by the prosecution. MMA Junkie used Google Maps to recreate a similar image of the map area.

Geragos brings up the map again. He asks Pires if he saw Velasquez on that map. Pires says no.

Geragos questions the physical logistics of the bullets and asks for further details about the alleged incident and specifically what Pires did/didn’t see.

When Pires is unable to answer some of the specifics, Geragos brings up the previous line of questioning from French that asserted Pires’ firearm expertise.

Pires reveals he was a UFC fan prior to the incident and recognized Velasquez midway through their interaction.

Geragos asks Pires if his department ever writes scripts for witnesses. Pires says he is not aware of that happening.

Geragos asks French if any forensic studies were done to determine if the damage in the truck was a bullet hole. French says no, then confirms he was speculating.

Following the conclusion of the questioning of Pires, a recess is called.

French calls Morgan Hill patrol officer Todd Davis as a witness.

Davis says he responded to a call of a chase at approximately speeds of 100 miles per hour.

En route, Davis says he received an update from Pires that the suspect, Velasquez, was detained.

Upon arrival at the scene, Davis says he saw Harry Goularte, Patricia Goularte and Paul Bender.

Davis describes Bender “being wheeled toward the ambulance” with “his right tricep of his arm being bandaged by medics.”

Davis begins to describe what Bender told him, but Geragos objects. Geragos points out that Bender has put forth a motion to stay and asks the judge to disallow any statements related to Bender as a result thereof.

French responds to what Bender says should still be allowed and cites previous cases.

Geragos objects further. Defense attorney Hessling goes into further depth about a past case, People vs. Irwin (1984). Hessling says by allowing Bender’s statement to the officer without him being a witness, the defense is prevented from confrontation and examination, rendering them unable to put up fair defense.

Judge Bocanegra overrules the objection by the defense, but says the information provided by Bender can be struck down later.

Davis returns to describing the scene. He says Bender identified the shooter as “Cain Vasquez” and claimed to be shot twice.

Officer Davis describes interviewing witnesses about the incident, including Patricia Goularte.

French asks Davis about an interview with Ivor Griffiths, an individual who showed him video from a “Nest” camera that was pointed at household Goularte left before he was allegedly pursued by Velasquez.

The prosecution plays two video clips. The first shows two children playing in the backyard, with street view visible. The officer describes the Goulartes entering the vehicle and driving away. Moments later, a black truck follows. A second video shows a black truck pulled over, hovering outside of a house.

The DA then pivots questioning of the officer to another witness, Joel Rojas, who claims  he was “cut off” by a truck in traffic, then “really cut off” by a second truck.

The court calls recess for lunch. Session is expected to resume at 4:30 p.m. ET.

Geragos brings up the video clips and cross-examines officer Davis.

He mentions the household Goularte allegedly left to get in Bender’s truck was that of a friend named “Betti”. Geragos presses Davis about the angles of the videos and how he did not vet the film itself, but rather left it up to Griffiths to clip and send himself.

Geragos also questions the timing of the videos and the assumption the clips align in the same time period. Davis admits he did not do much background checking of Griffiths.

Davis recounts how Bender told him that Velasquez had an issue with Harry Goularte because Velasquez “thought” Goularte assaulted Velasquez Jr..

Davis says he did not find casings at the intersection in which Rojas indicated shots were fired. Geragos claims Davis contradicted himself by saying Rojas gave him a general location, then also saying the location was detailed.

Davis confirms past police report statements which paint a picture of the Goulartes and Bender inside the car during the alleged pursuit, in which Patricia Goularte called 911.

DA attorney French calls Morgan Hill police officer Nathaniel Rodriguez as a witness.

Rodriguez says he arrived on scene after Velasquez was detained. He says he spoke to Velasquez on scene. Rodriguez said Velasquez told him Velasquez Jr. was a victim of molestation and was a member of Patty’s Daycare, which is where he said the molestation took place. According to Rodriguez, Velasquez told him Harry Goularte was the molester.

During cross-examination by Geragos, officer Rodriguez confirms Velasquez told him there were multiple molestation victims, besides his son.

Rodriguez confirms Velasquez told him Velasquez Jr. was not the same personality-wise after the alleged incident.

Rodriguez says Velasquez was cooperative and respectful throughout the process.

San Jose Police Department officer Yanick Barela Mendes is next up as a witness.

Mendes confirms to French that four shell casings were found at the previously mentioned intersection near Charter School of Morgan Hill.

Geragos asks Mendes about his interview of Patricia Goularte. Mendes recounts Patricia Goularte’s description of the alleged high speed chase. According to Mendes, Patricia Goularte told him Velasquez pursued her and her husband Bender prior to them picking up Goularte at her friend “Betti’s” house.

There is a discrepancy between the number of shell casings found in the report and what the officer recollects. It is clarified by the officer that the report is inaccurate and that there were three, not four, casings found.