Judge Offers Narrow Ruling in Becker Pitchess Hearing

A Pitchess request by both the prosecution and the defense in the trial of Santa Clara City Council Member Anthony Becker has resulted in a narrow ruling by Santa Clara Superior Court Judge Shella Deen.

Both lawyers had asked for the release of the personnel records of one of the investigators in the case, stating that they might include a potential Brady violation. The argument was that past complaints filed against the investigator might undermine his credibility in the Becker case.

After clearing the courtroom and reviewing the documents provided by county counsel in the matter, Judge Deen determined that only one item would be released. It would be heavily redacted and only include the name, address and phone number of the person involved, as well as the date of the incident.

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Both sides asked for further clarification. Deputy District Attorney Jason Malinsky asked if the documents would include any investigative reports or discipline. He was told no.

Becker’s attorney, Chris Montoya, asked for further clarification as to why the judge made the ruling.

Judge Deen told the court she could not elaborate without revealing information that was under seal.

Malinsky asked for clarification about whether there was Brady information in the file.

Judge Deen again said it was difficult to respond without revealing items under seal.

Malinsky stated to the court that he believed that the prosecution had complied with Brady to the best of its ability.

Montoya argued that the defense is entitled to know if there is Brady information contained in the file or not.

Ultimately, Judge Deen issued her ruling without prejudice, stating that if further action were needed, the court would hear the arguments.

County counsel was told to produce the record by June 7. Both sides must agree to a protective order that will only allow them to use the information for court proceedings.

Becker is accused of perjury and violation of duty. He pleaded not guilty to both charges in May 2023.

Becker’s trial is scheduled to begin on July 29.

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