Former 49ers chief of communications and public relations, Rahul Chandhok, was back on the stand Tuesday to wrap up his testimony in the perjury trial of Santa Clara City Council Member Anthony Becker.
During the defense’s cross-examination at the South County Courthouse in Morgan Hill, Becker’s pro bono attorney Grant Fondo, spent a lot of time trying to outline how Chandhok pulled the strings behind the scenes.
Evidence submitted by both the prosecution and defense showed that in the few days following the Oct. 6, 2022 release of the civil grand jury’s “Unsportsmanlike Conduct” draft, Chandhok was in contact with reporters at the San Jose Mercury News, its parent company the Bay Area News Group, San Jose Inside, this publication, the Silicon Valley Voice and San Jose Spotlight.
Not only did Chandhok forward the report to San Jose Inside, but he also sent several media outlets research that included potential conflicts of interest for the civil grand jurors. It led to several news articles including one Fondo tried to get admitted into evidence called “Hatchet Job” from the San Jose Spotlight.
Judge Javier Alcala did not allow the article into evidence. He also did not allow Chandhok’s comments where he called the report a “hatchet job.”
Fondo tried to use questioning to bring up the term. Chandhok was evasive.
“I don’t think the words I used are the words I would use today,” he said.
When Fondo said “strong” language was used, Chandhok said it depended on the definition of “strong.”
Eventually, Chandhok conceded that he used the word “hatchet.”
When asked about the term, he said he didn’t remember, but it “might be mine.”
He then said it was part of the statement given on behalf of the 49ers.
Chandhok’s Efforts to Change the “Unsportsmanlike Conduct” Report
Some of the questioning focused on Chandhok’s efforts to either delay or change aspects of the civil grand jury report.
When the court returned from lunch, Fondo confronted Chandhok with emails sent to the civil grand jury and deputy manager of the civil grand jury, Britney Huelbig, on Oct. 7, 2022 and Oct. 9, 2022. The emails outlined what the 49ers saw as “inaccuracies” in the report.
Chandhok spoke to Huelbig on Oct. 10, 2022, prior to the report’s release. The call went “terrible,” according to his text messages.
When asked why he called Huelbig, Chandhok admitted a delay would be good for the 49ers.
Fondo then pointed to California Penal Code 95, which makes it illegal to try and influence a juror to change their verdict.
“I don’t believe that I had done anything wrong in that sense,” said Chandhok.
When asked if he was concerned the prosecution would charge him, Chandhok said he didn’t believe his “actions had done anything that would warrant that.”
Fondo then highlighted Chandhok’s Dec. 15, 2022 criminal grand jury testimony. Chandhok initially didn’t remember questions about his intentions with research on civil grand jurors, but had a slightly better recollection when handed the transcript.
Fondo asked if Chandhok remembered being asked if he was trying to “influence [the jurors], punish them, embarrass them, humiliate them for saying something the 49ers didn’t like.”
Chandhok said he believed his response was really focused on responding to the public, the press, because once the report was out, you can’t “unring the bell.”
Truth vs. Partial Truth
During the several hours of cross-examination and recross-examination, Fondo repeatedly said Chandhok “lied” about receiving the report from the media.
In his messages with other 49ers employees, the Santa Clara City Council, the Santa Clara County civil grand jury and other members of the media, Chandhok repeatedly said he received the report from “the media.”
Several times, Fondo asked if it was Chandhok’s “intent to lie.”
Often, when accused, Chandhok offered the same response: It was not his intention to lie; he did receive the report from the media, but he received it from Becker first.
Fondo also focused intently on the first sentence in the 49ers’ letter to the City of Santa Clara and the civil grand jury, which led off with the 49ers received the report from the media.
“I don’t think my focus was the sentence you focused on,” said Chandhok when asked why he lied.
Fondo asked Chandhok why he “misled” his team and the team’s consultants.
Chandhok took issue with the term misled because of the “body” and “spirit” of the letter.
While the letter was discussed at length, the jury will only see the first sentence. Judge Javier Alcala granted the prosecution’s motion to exclude the rest of the letter.
That said, they will see a draft of the letter. Deputy District Attorney Jason Malinsky tried to enter a redacted Oct. 6, 2022 draft that only showed page citations and quotes from the civil grand jury report. He said it showed the 49ers had the report early.
Fondo said the People can’t have it “both ways.” He said while the defense believed redacting the letter was “improper,” it would be “doubly improper” to only include certain parts.
Judge Alcala agreed with the defense, but declined to also include the entire final draft of the letter.
Fondo spent a lot of time with Chandhok on whether he “needed” to lie about receiving the report from the media and if he needed to say anything at all about where he got the report.
At one point, Chandhok returned to the key point and said, “No. I received this [the report] from Mr. Becker. I also received this from the media.”
In redirect, Malinsky asked what the effect would be if Chandhok told Huelbig or the City or the various media outlets he received the report from Becker. Chandhok replied, “adverse.”
When asked why Chandhok would not want to include Becker on the emails or texts and if it would be “adverse to the campaign,” Chandhok said the question was “strange” because he generally didn’t copy city council members on his emails.
He said his actions were for the 49ers and it “never crossed my mind to copy him [Becker] on these emails.”
Chandhok’s Contact with Other Santa Clara City Council Members
Fondo also asked about Chandhok’s relationships with Santa Clara City Council Members Raj Chahal, Kevin Park, Suds Jain and Karen Hardy. Chandhok called the relationships “positive.”
When asked about the 49ers’ 2022 independent expenditure committees (IECs), Chandhok confirmed that in addition to Becker, hundreds of thousands of dollars were committed to campaigns supporting Hardy and Chahal as well as campaigns opposing their opponents.
Fondo also focused on Oct. 6, 2022 at 11:44 a.m. when Park called Chandhok. When asked for details of the call, Chandhok said, “I don’t remember it being a very memorable phone call.”
On redirect, Malinsky asked if Park gave Chandhok a copy of the report.
Chandhok said no.
Malinsky asked if Park ever gave Chandhok a copy before the report was public.
Chandhok said no.
The Weekly’s Financial Connection to the 49ers
The defense also looked at other text messages with Miles Barber, the publisher of this publication.
On Oct. 5, 2022, Barber texted Chandhok, “Would it be possible to get a check for The Weekly today or tomorrow; we’re up against the wall.”
When asked, Chandhok said it was a bill the 49ers owed money to.
In the text, Chandhok said, “How much do you need?”
Barber replied, “$10k would be great. Bill is now 12 [thousand].”
Fondo asked to what “scope” the 49ers made payments to Barber’s publishing company.
Chandhok said he was not sure.
During redirect, Malinsky pointed out that the draft of the report had not been sent out at the time of the initial text to Barber. He then focused on a follow up text from Barber on Oct. 15, 2022. In it, Barber said, “Any word on our SCW [Santa Clara Weekly] billing?”
Chandhok replied, “Let me ask finance.”
Two days later, Chandhok texted, “These are invoices. It’s advertising. Something you agreed to with Al?”*
Barber replied, “Yup.”
Malinsky asked if the 49ers bought political ads in The Weekly. Chandhok said, “We may have.”
Malinsky asked if it would make “logical sense” to buy ads during political campaigns.
Chandhok said yes.
Signal’s Auto-Delete Feature
Some of the time was spent talking about the auto-delete feature in the Signal app, which deletes some messages after a set amount of time.
Fondo asked Chandhok if he specifically set up the auto-delete feature for Becker or anyone else. Chandhok said he did not remember.
Fondo asked if the auto-delete feature was set to minutes for some 49ers team members.
Chandhok said it sounded “right,” but he didn’t remember.
In redirect, Malinsky asked Chandhok if the 49ers’ rules regarding Signal had changed. Chandhok testified the 49ers changed policy in mid-November 2022.
The new policy allowed employees to use the app, but no messages could be set to expire. No employees could use Signal to communicate with Santa Clara city council members.
Chandhok said he changed his Signal settings for everyone, including Becker.
Key Objections
The jurors also asked questions. One juror asked if, in prior testimony, Chandhok was asked who he received the civil grand jury report from. Chandhok said Becker.
After the jury left the room, the defense objected and said it was an improper question.
The defense also objected to allowing some text messages between Chandhok and San Jose Spotlight founder Ramona Giwargis, but not all of them. The defense was trying to establish that the two were coordinating a response to the civil grand jury report.
Malinsky argued that much of the conversations were “irrelevant.”
Judge Alcala agreed.
The defense also objected to Judge Alcala excluding the Spotlight’s “Hatchet Job” article, saying it is “public.”
Late Discovery
Before testimony began for the day, Deputy Public Defender Chris Montoya informed the court he received late discovery at 8:41 a.m. that morning.
Montoya asked Judge Alcala not to allow the People to submit it as evidence because it would be extremely late discovery.
Malinsky said he hadn’t reviewed the document yet, but he believed it was new research from the DA’s investigator with the “accurate time” the San Francisco Chronicle posted its article on the civil grand jury report.
Judge Alcala asked why this hadn’t been done earlier, but there was no substantive reply.
The judge decided the issue would be addressed if the prosecution decided to introduce the evidence.
Chandhok was excused though both sides reserved the right to recall him as a witness.
Former Santa Clara City Attorney Steve Ngo is expected to take the stand tomorrow.
*Note: The 49ers have advertised with the Santa Clara Weekly since 2007. In 2017, the team became the full-time sponsor of The Weekly’s sports page, which covers high school sports every week. At the time of the text messages between Barber and Chandhok, the 49ers were several months in arears.
Silicon Valley Voice’s Continuing Becker Trial Coverage:
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
View Comments (3)
No surprise but very nice to see factual confirmation that this publication was making money from the Forty Niners and so had a financial interest in having a good relationship with the team.
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Miles Barber meekly requesting Rahul Chandhok help get payments to the Silicon Valley Voice because it was "against the wall" says it all.
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The Forty Niners spend millions of dollars to support the political careers of Anthony Becker and Karen Hardy and Suds Jain and Raj Chahal and Kevin Park. They always vote in ways that the Forty Niners would want them to vote.
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The Forty Niners direct some of those millions of dollars to the Silicon Valley Voice. The Silicon Valley Voice always publishes articles and editorials that support the Forty Niners positions on the stadium and always supports the city council majority that always votes the Forty Niners way.
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What coincidences.
Buchser Alum,
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Let me start out by saying thank you for your continued readership.
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We, as an editorial team, believe that we serve a great purpose in the Santa Clara and Sunnyvale communities. We offer consistent coverage of two communities often overlooked by other local media outlets.
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We offer the Silicon Valley Voice to our readers for free because we believe that access to information should not depend on a person’s economic status.
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However, the freedom that you and the rest of our readers enjoy comes at a cost. Our reporters do not work for free. Our site and its maintenance are not free. It costs money to provide this free service to the community.
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Like many news organizations in Silicon Valley and across the United States, the Silicon Valley Voice and The Weekly are funded in part by advertising. The 49ers are one of those advertisers. There are other community groups, both nonprofit and for-profit, that also support our news organization through advertising.
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Please do not try to undermine the credibility of this publication by purposely misunderstanding the transparency we offered regarding our business relationship with the 49ers.
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We have always reported in a manner that aligns with our editorial values.
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We, as an editorial team, believe that the 49ers, overall, are a good business partner for the City of Santa Clara and the Santa Clara community. We look at the work that the 49ers do with local students and athletes and the revenue the team brings in for local businesses as a positive impact.
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We, as an editorial team, also believe that no matter how you felt about the stadium before it was built, it’s here now. Turning it into a giant paperweight is not in the best interest of Santa Clara or its residents.
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We, as an editorial team, believe that Mayor Lisa Gillmor has wasted millions of dollars in unnecessary lawsuits simply to try and get a “win.” First with the CVRA and then by trying to change the terms of a contract the city signed with the 49ers. Buyer’s remorse simply doesn’t hold up in court.
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These are our beliefs as an editorial team, and while they may, in part, align with the 49ers, they are not shaped by the 49ers. There is a difference.
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We appreciate your readership, and we enjoy the debate that you, as a reader, often spark on our site. We hope you continue to do so. We take efforts to make sure that everyone has a space to express their opinions.
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While criticism of our reporting is always welcome, please do not try and create a conspiracy where there is none.
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Sincerely,
Angie Tolliver
Editor-In-Chief
Angie,
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Thank you for your detailed response to my comment. Even if we do not agree on things I appreciate being able to have a conversation with you about my thoughts on your publication. It is a credit to you that I and any other reader can. And I appreciate you stating plainly and clearly your editorial team's positions on the Forty Niners and the stadium and Lisa Gillmor.
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From the perspective of being a concerned Santa Clara resident and reader of your publication the impression I get from most of your coverage of stadium issues is that there is a lot of editorializing in pieces that are presented to the reader as reporting and not as editorial. And that there is a conscious group effort to make the Forty Niners look as good as possible.
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Even in the arbitration settlement that saw the Forty Niners rent reduction request denied and the rent actually increased when Carolyn Schuk first wrote about it she wrote a piece that reads as an explanation of the situation from the Forty Niners perspective. Presenting their argument to make their side of the argument look better and trying to minimize the positivity of the ruling for the people of Santa Clara.
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https://www.svvoice.com/arbitrators-stadium-facility-rent-decision-includes-agreement-and-disagreement-with-both-parties/
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This situation in the end was pretty clear cut. The Forty Niners asked to pay 4.5 million dollars less per year and the arbitrator not only refused that but found that they should pay the city 265 thousand dollars per year more. Carolyn's piece reads like apologia for the Forty Niners argument that failed before the arbitrator and as an effort to minimize the positivity of the ruling for the city.
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When I see stories like this written about in this way it makes me feel suspect about the Silicon Valley Voice's impartiality and accuracy in its reporting on stadium issues. The suspicion rises when I see Miles Barber using his platform as publisher to fawn over the Forty Niners. It rises when I read that Carolyn Schuk texted Chandhok "Oh, yes. That’s what we needed to shove Lisa’s October surprise right up her ass." We?
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It rises when I read that you made a personal phone call to Rahul Chandhok in what seemed like an attempt to facilitate him having a phone conversation with Anthony Becker that he did not want to have because he had just completed testimony that was about criminal allegations against Becker and would not want to talk to Becker about what he testified about. It seems like you were encouraging Chandhok to talk to Becker and it seems like the only reason to do this is so that Becker would know sooner what Chandhok had admitted to a grand jury that he and Becker had been up to.
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I understand that the Silicon Valley Voice must make income from advertisers and that the Forty Niners is an advertiser and this does not automatically mean that the Silicon Valley Voice caters to the Forty Niners because there could be a financial interest in doing so. But a lot of things I have read here and a lot of what I have learned you guys have been doing with the Forty Niners give fuel to the impression that the Silicon Valley Voice is only interested in making the Forty Niners look better and never finding fault in any of their decisions even when they would result in less stadium revenue for the city.
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Much of what is published here reads like the Silicon Valley Voice is carrying water for the Forty Niners. And this interpretation is supported by what we have learned about Silicon Valley Voice editors working with the Forty Niners in what was basically a public relations capacity. And also in learning that advertising revenue from the Forty Niners was so important to Silicon Valley Voice that not having it paid yet put you "up against the wall." It does not help that this advertising is political campaign spending that is totally unprecedented for our small city and which many worry is the Forty Niners buying their way to having a council majority of allies.
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I do not assume that Gillmor has always been right in all the ways she has conflicted with the Forty Niners in management of the stadium. But it is hard for me to trust your publication's reporting on these issues because your publication's reporting on these issues often reads like editorial. Your publication's top staff have too cozy of a relationship with the Forty Niners in trying to shape public opinion in favor of the Forty Niners and about council members who are the Forty Niners' allies. When it comes to situations in which the Forty Niners' financial interest is at odds with the people of Santa Clara's it seems clear that your publication's financial interests are best served in finding alignment with the Forty Niners'.
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There does not seem to be enough of a firewall between your publication's news reporting and its business and political interests. I understand you are small and it is much harder to achieve separation like larger publications can and even larger publications allow their firewall to be porous. But I simply do not trust you to be impartial in your reporting on stadium issues and this is not because I want to be suspicious of your motivations. It is due to your leadership's behavior and the content and tone of what is published here. You have been too cozy and your reporting has been too partisan.
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I want to conclude by saying that I value most of what the Silicon Valley Voice gives to the people of Santa Clara. A lot of your reporting is invaluable for us to be better informed on what is going on in our city. Erika's reporting on this trial is excellent and there is no other publication reporting on this trial as well as she is. There is no other publication where I can get detailed reporting on what went on in a council meeting I could not attend or watch. There is no other publication where I can read about how well Wilcox's football team has been doing this season. I am very glad that we have you around to do the local reporting that the Mercury and nobody else does. I just wish that I could trust your reporting on stadium issues more than I do.