On day six of Santa Clara Vice Mayor Anthony Becker’s perjury trial, the jury got to hear testimony from him — although in an atypical way.
In court Friday, Deputy District Attorney Jason Malinsky, assisted by fellow Deputy District Attorney Joel Gorman, read into the record Becker’s testimony to the criminal grand jury in 2022. That investigation aimed to establish whether Becker leaked the confidential civil grand jury report, “Unsportsmanlike Conduct,” and is the source of the charges against him.
The prosecution entered Becker’s testimony into the record, giving the jury a transcript to follow along. This testimony is the first time the jury has been able to hear Becker’s words as they relate to his accusation. Malinsky repeated questions he asked Becker during the criminal grand jury investigation. On the stand, Gorman read Becker’s responses.
Malinsky begins his interrogation by asking Becker about the methods he uses to communicate city business, personal matters and campaign activity. Becker answers that he has personal devices and city devices, detailing what he uses each for.
Becker said he likes to “keep things separate” to avoid any conflicts of interest, such as being accused of misappropriating a city resource — i.e., a city-issued cell phone — for personal matters.
As another example, Becker told Malinsky when communicating with media outlets, he first susses out the topic of conversation. Then, if the content of the inquiry is contraindicated for the device on which he is corresponding, he tells the reporter to call him on the appropriate line.
After establishing what devices — cell phones, iPad, laptops, printer — were available to Becker, Malinsky’s questions paint the picture that Becker would have been able to download, print or share the leaked report through means other than a city computer.
The city’s IT person, Christopher Jackon, already told the jury that if Becker used such methods, the city would be unable to track them. Malinsky’s questioning during the criminal grand jury investigation filled those gaps, illustrating precisely which methods were at Becker’s disposal.
While Becker acknowledged he owns a printer at home, he said he hasn’t been able to connect it to his city devices, saying “my printer hates me.”
Finding The Leak
Malinsky’s questioning then shifts to prodding Becker with questions designed to ferret out whether he leaked the report. That questioning amounted to essentially asking the same question in a variety of ways, but Becker’s responses remained consistent throughout.
Becker said he was “surprised but not shocked” when he received the report from then-City Attorney Steve Ngo. That email cautioned him against releasing the report. When he began getting inquiries from media outlets prior to reading the report, Becker said he knew something was amiss.
“I had no clue what was going on,” Becker said in his criminal grand jury testimony. “The media knew more about it than I did.”
Becker said he saw ads online for a site — civilgrandjuryreport-dot-com — that posted the leaked report. Seeing those ads confounded him, given the report’s confidentiality, Becker said. He called some of the report’s contents “huge red flags” since they detailed many closed-session matters.
Mayor Lisa Gillmor, Becker said, had previously leaked closed-session information. Because of this, he told Malinsky he suspected Gillmor or Council Member Kathy Watanabe leaked the report. However, he couldn’t prove it.
Malinsky then asked what Becker did to “deal with” something that would obviously damage his political career.
“Nothing, just sat there and dealt with it,” Becker said before Malinsky asked again “how” he dealt with it. “Just ride the wave. There is nothing I can say until October 10 (the report’s release date) … I don’t know what we could have done. We weren’t supposed to talk about it.”
Establishing Motive
Shifting to Becker’s personal life, Malinsky asked about Becker’s campaign. He asked whether Becker hired a campaign manager, and Becker replied he didn’t because he is “poor.” Becker told Malinsky that he ran a shoe-leather campaign, knocking on doors and getting his message out the old-fashioned way.
Running a campaign on a shoestring budget must have been difficult, Malinsky said. Becker said his partner “stepped up,” paying the rent after Becker took a leave of absence from work, forgoing his health insurance, to run for mayor. He said there was “a lot of cheap dining” during his campaign.
Malinsky showed Becker a copy of his phone records and asked him to identify a number, to which Becker replied he doesn’t memorize people’s phone numbers. He guessed, correctly, that the number belonged to Ngo. Malinsky asked Becker if he remembered the substance of that conversation with Ngo — a conversation from nearly two months prior. Becker responded “I forget where I put my car keys half the time.”
Again, Malinsky asked Becker if he downloaded the report. Becker said he didn’t. Malinksy asked if Becker put the report on a flash drive. Becker said he didn’t. Malinsky asked whether he forwarded the report to anybody via email. Becker said he didn’t.
Then Malinsky asked again. Becker remained firm that he didn’t share the report.
Shifting to his relationships, Malinsky asked whether Becker mentioned the report to any of his council colleagues, perhaps when some of them joined him at an Elton John concert. Becker said he didn’t. Malinsky asked if Becker told his partner, who was his campaign manager. Becker said he didn’t.
Malinsky told Becker that keeping something from his partner must have “created some emotions” in him, especially when that person is helping with his campaign. Becker agreed, saying his partner discovered the ads for grandjuryreport-dot-com.
“He knew something was wrong,” Becker said, adding that his partner confronted him with the leaked report. Becker said he replied: “‘Oh really? Interesting. I have to keep my mouth shut.’ It is really hard to do that when you live with someone.”
When he was finally able to discuss the report, Becker said his partner understood why he had been “so sh-tty” and “crabby” the previous week or so.
Due Diligence
While Becker released a statement about the report following its release, he told Malinsky during his criminal grand jury testimony that it took him several weeks to look over the report in its entirety.
Further, when Malinsky repeatedly inquired what sort of contact Becker had with 49ers lobbyists, Becker told him he hadn’t spoken to anyone from the team since the end of June, more than three months prior. Becker said he even stopped attending the team’s Monday Zoom meetings to discuss city matters.
When Malinsky pressed him why, if he was simply discussing city business, he would need to abstain from those meetings. Becker replied that Gillmor and others frequently push the narrative that he does the team’s bidding and that he cares about the public’s perception.
“It didn’t look right. It is just not ethical,” Gorman said, relaying Becker’s response.
Defense Continues Cross On 49ers Treasurer
Prior to hearing Becker’s testimony, the court finished testimony from Russell Miller, the treasurer for the 49ers independent campaign expenditure committees.
Hayes Hyde, a partner at the pro bono firm that’s part of his defense team, continued her cross-examination. During that questioning, Hyde pointed out that the 49ers spend a lot of money on many campaigns, and Becker’s mayoral campaign was not anomalous.
A question from a juror asked Miller whether spending for a mayoral campaign would typically outpace spending for a council district race. Miller said it would.
Judge Addresses Concerns In Jury’s Absence
At the start of proceedings, the judge quashed a motion to compel Google to produce emails from Council Member Kathy Watanabe. Hyde said the defense has concerns about Watanabe’s “competency” in producing emails relevant to the defense. She noted that Watanabe has a history of deleting pertinent information.
Google’s lawyer, Natasha Amlani, countered, saying the defense has alternative means to obtain the information and that Google is not responsible for whether Watanabe complies with the court’s requests. Her compliance is a matter for the court, she said.
Alcala agreed.
The defense also objected to the prosecution’s desire to include the sections of the law that pertain to how grand juries conduct investigations. Hyde called the code sections “prejudicial,” but Alcala also dismissed the defense’s motion, saying it is just “the nuts and bolts of how the grand jury operates. These are just code sections of the law. They shouldn’t be in dispute.”
Finally, during the proceedings, one juror fell asleep, causing the judge to stop the trial to wake her. He warned her that if she fell asleep again, he would replace her.
After excusing the jury for the day, Alcala drew the counselors’ attention to the juror, saying she regularly looks at the clock, seems distracted and doesn’t follow along with exhibits on display. He implied heavily that if the behavior continues, he may have to replace her.
Court resumes Monday morning.
Silicon Valley Voice’s Continuing Becker Trial Coverage:
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
