Former Santa Clara City Council Member Anthony Becker will not spend time in prison after his December 2024 conviction for felony perjury and misdemeanor violation of duty, but he will serve some form of jail time. On April 4, Judge Javier Alcala sentenced Becker to two years of probation and 40 days of work duty.
“I do think there should be some form of punishment beyond just losing your job,” Judge Alcala told Becker.
Just prior to the sentencing, Becker addressed the court. He thanked the court for its time and apologized to the people of Santa Clara for the long ordeal. He told Judge Alcala that he “respected” the court process and understood the verdict.
Judge Alcala thanked Becker and said, “[I was] hoping you would say something along those lines.”
After the verdict, District Attorney Jeff Rosen called Becker’s comments “hollow.”
Becker will be required to report to the South County Probation Department within the next few days. Per his own request, he will serve work duty for three days a week until his sentence is fulfilled.
While Becker’s attorney, Deputy Public Defender Chris Montoya, requested electronic monitoring, the judge denied the request, stating that “some punishment, not necessarily sitting in county jail,” was necessary.
The judge determined that additional community service work was not necessary. He waived court fees and restitution as is standard for defendants who use a public defender.
While one community member, Bruno Kirschbaum, asked the judge for jail time, two others requested “leniency” for Becker.
Council Members Suds Jain and Kevin Park spoke on behalf of Becker, citing his passion for the Santa Clara community and his role as a voice for the LGBTQIA+ and renter communities of Santa Clara.
Issue of Becker’s Electronics
The probation department made several recommendations that would have required Becker to turn over the login passwords for his electronic devices and allow for call monitoring.
Montoya argued that this was “not appropriate” since Becker would no longer be allowed to hold a political position and would not be connected to city business moving forward. Montoya said that while Becker agreed to a 4th Amendment waiver, the monitoring requests were “overbroad” and “unconstitutional” because Becker cannot hold office now or in the future.
Deputy District Attorney Jason Malinsky argued in favor of the probation department’s recommendations. He said it was clear Becker was still connected to the city since Jain and Park spoke up for him. Malinsky also argued that Becker had shown a “tendency to use electronic devices to commit crimes.”
Judge Alcala agreed with the defense. He ruled against the monitoring of Becker’s electronic devices moving forward.
Montoya also requested that since the case was concluded, Becker and his husband should have their electronic devices returned. Malinsky argued that a motion would have to be filed and the issue discussed at a later hearing.
The judge, playing peacemaker, asked the defense to file a motion to specify which devices needed to be returned. Judge Alcala appeared inclined to have the devices returned to Becker and his husband.
Silicon Valley Voice’s Continuing Becker Trial Coverage:
District Attorney Demands Jail Time for Becker
Becker Sentencing Date Delayed
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
