The first day of the perjury trial of Santa Clara City Council Member Anthony Becker included opening statements and testimony from the prosecution’s key witness, Rahul Chandhok.
While the jury trial was supposed to start at 9 a.m. Wednesday morning at the South County Courthouse in Morgan Hill, it was delayed almost two hours as the judge heard arguments about a destroyed audio file.
The prosecution filed a motion to exclude the Jan. 12, 2023 file that was recorded the day investigators served a search warrant at Chandhok’s home, saying it was not relevant.
However, the file was destroyed before it was handed over to the defense. Leaving the defense with a lot of questions.
District Attorney Investigator Ben Holt and Chandhok were both interviewed. Ultimately, Judge Javier Alcala determined that the defense could bring up the destroyed evidence in the trial.
Prosecution’s Opening Statement
Once that matter was settled, the jury filed into the room to hear opening statements.
“Defendant Anthony Becker betrayed the public trust and he lied to cover it up,” opened Deputy District Attorney Jason Malinsky.
Malinsky said during the investigation, Becker lied about leaking the “Unsportsmanlike Conduct” civil grand jury report to the media and the 49ers. He said Becker also lied about communicating with Chandhok.
Malinsky presented a timeline that showed Becker received the report on Oct. 5, 2022 at 5:38 p.m., in an email with “DO NOT DISCLOSE” in the subject line.
Malinsky said within 24 hours, Becker had sent the file to the 49ers and the Silicon Valley Voice. He said Chandhok would testify Becker sent him the file via Signal.
Malinsky talked about the order in which the Silicon Valley Voice, the San Francisco Chronicle and the San Jose Spotlight published articles on the report on Oct. 7, 2022.
He offered a motive, saying Becker received millions in political donations from the 49ers through independent expenditure committees.
Defense’s Opening Statements
Becker’s pro bono attorney, Hayes Hyde, provided the opening remarks for the defense.
“The prosecution is trying to convince you that this case is simple. Straight forward,” Hyde started before telling the jury, “Life isn’t that simple.”
She said the prosecution wants you to believe there is only one way to understand things, but it’s also about what the evidence does not show.
Malinsky objected, calling it an improper statement.
The judge allowed Hyde to continue.
Hyde outlined who Becker was, including an openly gay council member and a person who ran a grassroots campaign for city council in 2020. She mentioned he needed a second job to make ends meet.
When Hyde mentioned some of the prosecution’s evidence was circumstantial, Malinsky again objected.
He was overruled.
She began to tell the jury that the People were leading them to a conclusion.
Malinsky objected again.
He was overruled.
Hyde reminded the jury that the prosecution bears the burden of proof and put up a chart to display the threshold for that burden of proof.
Malinsky vehemently objected. He asked that the defense take down the chart and if they could approach the bench.
Following a conference with Judge Alcala, Hyde continued without the chart.
“You will not see evidence demonstrating affirmatively that Mr. Becker was the leak,” said Hyde.
She told the jurors to focus on the words and that “leak” has different meanings and contexts.
In terms of independent expenditures, Hyde said there is no proof Becker’s campaign received money or that Becker is financially better off. She said meetings with the 49ers were because Santa Clara and the team are “contractually bonded” to work together.
Hyde mentioned other potential leaks, which caused Malinsky to object and refer to the motions in limine.
The judge sustained the objection.
Malinsky objected again when Hyde said the theory is “full of leaks” and “incomplete.”
The judge said he believed Hyde was wrapping up.
Hyde told the jurors to consider what it shows you and what it does not, causing Malinsky to object again. He said Hyde was not talking about facts anymore.
The judge sustained the objection.
Once the jurors were dismissed for lunch, Malinsky reiterated his objections, saying they were a clear violation of the motions in limine.
Hyde argued the defense was not exploring other leaks, simply pursuing the completeness or incompleteness. She noted they could reference other possibilities.
Judge Alcala said that was fine, but the trial is not about the “integrity” of the investigation.
Malinsky also challenged mentions of economic hardship.
Judge Alcala said he would allow some, given that the defense must prove Becker is not benefiting financially.
Rahul Chandhok Takes the Stand
Following the lunch break, Chandhok took the stand.
Malinsky started the testimony by explaining Chandhok’s immunity deal. Under the deal, Chandhok’s testimony cannot be used to charge him with a crime unless he perjures himself.
Chandhok received immunity after he invoked his Fifth Amendment right during testimony in front of the civil grand jury. When asked to testify in front of the criminal grand jury in December 2022, he was compelled to testify and granted immunity. He also received immunity for testimony on March 2023 testimony and testimony in this trial.
Chandhok answered questions about his current job with US Soccer, his past role with the 49ers and what that role entailed, including lobbying. He talked about the 49ers’ reporting structure and communications firms used by the team.
He told the court he helped run the 49ers’ independent expenditure campaigns. He explained to the jury independent expenditures are “contributions given to a committee, not a candidate, but a committee to support or oppose a candidate.”
Chandhok’s Relationship with Becker
When asked about his relationship with Becker, Chandhok told the court it wasn’t close, but it was: “Pleasant. Good.”
Chandhok said he met Becker in 2015 or 2016.
The two started communicating regularly in late 2020 when Becker was elected to the Santa Clara City Council. Chandhok felt it was part of his job to maintain good relationships with the city.
Around that time, they started using the Signal app – an app designed for secure communications – to communicate, though Chandhok did not remember who suggested it.
A short time later, weekly meetings with five members of the Santa Clara City Council via Zoom began. Chandhok said the meetings were to build a better business relationship and often involved a “dialogue” and “back and forth” about the business of the stadium. In initial meetings, it was a lot about the history of the stadium.
Who Sent Chandhok the Civil Grand Jury Report?
Malinsky then asked Chandhok whether he knew about the civil grand jury report “Unsportsmanlike Conduct.”
Chandhok told the court Becker sent him the report in an expiring message via Signal. He said he opened the app and it was the report.
“I wasn’t expecting that,” said Chandhok.
Chandhok said he received it late morning or early afternoon on Thursday, Oct. 6, 2022. He said Becker was the first person to provide him a copy.
Chandhok had a call or message exchange via Signal less than 30 minutes later. He told Becker the report was incorrect. Chandhok said Becker told him he shared the report with Angie [Tolliver] at the Silicon Valley Voice or Santa Clara Weekly.
When asked if Becker said anything about Ramona Giwargis of the San Jose Spotlight, Chandhok said he could not recall if Becker had sent it or was going to.
Chandhok said he spoke to Becker once more before the report was public and on the day it was released.
49ers Internal Communications
In an effort to prove the benefit of the leak to the 49ers, Malinsky asked Chandhok who he sent the report to, specifically if he emailed it to Tim Hokestra, a researcher the 49ers sometimes contracted.
After Malinsky showed Chandhok an email sent to Hokestra and 49ers’ employee Elena Caple, Chandhok better recalled sending a link to the list of the 2022 civil grand jurors.
“We felt the report was incorrect, incomplete, inaccurate, said Chandhok when asked why he emailed Hokestra. “To respond, we wanted to know if there were any conflicts of interest.”
Malinsky’s questioning of Chandhok ended there. Chandhok will be back on the stand Thursday morning and must still be cross-examined by the defense.
Silicon Valley Voice’s Continuing Becker Trial Coverage:
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
