The jury in the perjury trial of Santa Clara City Council Member Anthony Becker is set. Ten women and two men were sworn in at the South County Courthouse in Morgan Hill on Tuesday morning after hours of voir dire that spanned two and a half days.
During the jury questioning, the defense searched for jurors who could see Becker as an innocent man until they entered the deliberation room. Attorneys emphasized that the “burden of proof” is on the prosecution and that the District Attorney’s office would need to prove “beyond a reasonable doubt” that Becker is guilty.
The defense asked probing questions about how jurors felt about the involvement of large corporations in politics and looked to see if jurors understood the difference between “perjury” and “lying.” There were also questions about whether jurors’ religious beliefs and opinions about the LGBTQ+ community would get in the way of them being impartial.
The prosecution stopped the introductions by Becker’s attorney, Grant Fondo when Fondo mentioned that his team was serving pro bono.
For some jurors, the imposing figure of four attorneys on Becker’s side to the two attorneys on the prosecution’s side weighed heavily on their minds. At least one juror was dismissed for being unable to get past the difference.
While most of the potential jurors had a favorable opinion of law enforcement, both sides probed whether previous interactions with law enforcement shaded their judgment in any way.
When it was Deputy District Attorney Jason Malinsky’s turn to question jurors, he laid out some of the rules that people would be asked to follow. Malinsky said “circumstantial” evidence is equally relevant as “direct” evidence. He reminded jurors that “actions speak louder than words” and said that neither side is required to put on “all relevant evidence.”
Malinsky told jurors that only one witness is needed to prove a fact and just because two people have differing recalls of the same event, it does not mean the event did not happen.
He said sympathy for the defendant should not sway jurors one way or another. He reminded jurors it is up to the judge to determine the punishment, not the jurors.
Some of Malinsky’s questioning drew an objection from the defense. At one point, Malinsky mentioned that the trial is about the person charged, not about who could be here or who should be here too, or instead.
Malinsky used the hypothetical of an illegal left turn, stating that while four people made the illegal left turn, only one received a ticket.
Deputy Public Defender Chris Montoya objected.
The judge overruled the defense’s objection.
Malinsky also used the hypothetical of a bank robber and a getaway driver. Malinsky asked the jurors how they would feel if the getaway driver received a deal of a reduced sentence for testifying against the robber. He then broached the topic of immunity, leading to a conference at the judge’s bench.
The prosecution’s key witness, the former chief of communications and public affairs for the 49ers, Rahul Chandhok, was given immunity for his testimony.
Following the conference, Malinsky stopped his line of juror questioning on the issue of immunity.
After the jurors had left the courtroom for the day, Montoya renewed his objection to Malinsky’s line of questioning for the record.
Montoya said Malinsky offered “improper hypotheticals” and that the People were using the hypotheticals to “mask particulars of the case.” He objected to the prosecution using hypotheticals to help jurors prejudge evidence.
Montoya also pointed out that the People had already excluded third-party culpability and Becker’s mindset as avenues of defense, so bringing it up to the jurors through hypotheticals was improper.
The jurors will return to court Wednesday morning, where they will hear opening statements and testimony from Chandhok, the prosecution’s first witness.
Silicon Valley Voice’s Continuing Becker Trial Coverage:
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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