It took less than three hours of deliberation on Thursday, Dec. 5 to find Santa Clara City Council Member Anthony Becker guilty of felony perjury charges. On the second count of willful violation of duty, the jury found Becker guilty.
“I think that we all expect more of our elected officials, and this prosecution is a reminder of that,” said District Attorney Jeff Rosen after the verdict was read. “It’s also a reminder of the admonition that sometimes the cover up is even worse than the crime. So, the thing to do when you have done something wrong is to admit what you have done and move on.”
Becker will report to the probation office in Morgan Hill over the next two business days. Montoya asked that the probation office not speak to or interview his client about the facts of the case.
Becker will be sentenced on Jan. 31, 2025 by Judge Javier Alcala, who oversaw the jury trial. Until then, he is free on probation.
Felony perjury carries a maximum of four years in prison, but Rosen does not believe that this is a case that requires the maximum.
“I don’t think this is a state prison case, but in terms of what the level of accountability is, we’ll see what the probation report shows,” said Rosen. “I think there does need to be some accountability, whether that’s a combination of jail time and fines because this is very serious, what the defendant did.”
He dismissed the idea that Becker was somehow targeted in this investigation.
“Look, we follow the evidence, and we go where the evidence leads us. In this case, the evidence led us to Mr. Becker’s guilt,” said Rosen. “We don’t go into the investigation targeting one person or another. We have no opinion as to which city council member should be elected in Santa Clara.
“We conducted a very thorough investigation, very objective investigation and I think that the jury’s very quick verdict is a referendum on that,” continued Rosen.
Further Investigation into Leaks
When asked if this was the end of the investigation into the leak of the civil grand jury report “Unsportsmanlike Conduct,” Rosen indicated the active pursuit of more information was over.
“Absent more information, we charged the person and convicted the person who committed the crime,” said Rosen.
“We very extensively investigated it, and of course, if people want to provide us other information about why they think somebody else leaked it, or how that can be proved, we’ll certainly look at whatever people send to us,” said Rosen.
He said the bar for criminal charges is high.
“The amount of evidence we need, as you can see from this trial, is pretty substantial, given our investigation,” said Rosen. “That’s a different kind of evidence, both in quantity and quality, than the information that a reporter may need to write a story and say and suggest that someone else did something like this as well.
“The fact that others may, and I just say may have done what Mr. Becker did, does not excuse Mr. Becker from what he did,” said Rosen. “We investigated everyone, and we only bring charges when we can prove them beyond a reasonable doubt to a unanimous jury.”
The trial started on Nov. 6 with opening statements and lasted more than three weeks. The prosecution called several witnesses. One of them was former 49ers public relations executive Rahul Chandhok, who told the jury that Becker leaked the report to him. Another was Santa Clara City Council Member Suds Jain, who said that Becker told him he leaked the report.
Silicon Valley Voice’s Continuing Becker Trial Coverage:
Day 14 Becker Perjury Trial: Case Handed to the Jury
Day 13 Becker Perjury Trial: Prosecution and Defense Rest
Day 12 Becker Perjury Trial: DA Investigator Testifies to Destroyed Evidence
Day 11 Becker Perjury Trial: Investigator Holt Continues Testimony
Day 10 Becker Perjury Trial: Council Colleague and DA Investigator Hammer Home Prosecution’s Claims
Day 9 Becker Perjury Trial: Criminalist Continues Testimony on Data Extraction
Day 8 Becker Perjury Trial: “Expert” Witness Takes the Stand
Day 7 Becker Perjury Trial: Civil Grand Jury Overseer Testifies
Day 6 Becker Perjury Trial: Prosecution Enters Becker’s Grand Jury Testimony
Day 5 Becker Perjury Trial: Damage Control And Campaign Financing
Day 4 Becker Perjury Trial: Fmr. City Attorney Steve Ngo Take the Stand
Day 3 Becker Perjury Trial: Defense Tries to Paint Chandhok as the Focal Point
Day 2 Becker Perjury Trial: Chandhok Testimony Resumes
Destroyed Evidence Discussed on Morning of Becker Perjury Trial
Day 1 Becker Perjury Trial: Opening Statements, Chandhok Testimony
Jury Selected in Becker Perjury Trial
Judge Rejects Claims of Political Conspiracy Against Vice Mayor Anthony Becker
Jury Selection Begins in Becker Perjury Trial
Judge Wraps Up Majority of Motions in Becker Perjury Trial
Judge Rules on Multiple Motions as Start of Becker Perjury Trial Nears
Potential Motion to Dismiss in Becker Trial
Becker Trial Jury Selection Starts in Late October
Becker Trial on Standby, Small Business Owner Kirk Vartan Subpoenaed
No Settlement in Becker Trial; Becker Team Withdraws Subpoenas
Becker’s Attorneys Want to Investigate DA’s Office for 2020 Grand Jury Report Leak
Mayor Gillmor’s Response to PRA Request Causes Judge to Reverse Rulings
Impacted Court System Forces New Delay in Becker Trial
Judge Denies Series of Defense Motions as Start of Becker Perjury Trial Nears
Jude Barry: The Related Company Lobbyist Subpoenaed in the Becker Trial