Potential Motion to Dismiss in Becker Trial

What was supposed to be a hearing to deal with a subpoena issued by the defense in the perjury trial of Santa Clara City Council Member Anthony Becker turned into a prelude to a longer court battle.

Becker and his attorney, Deputy Public Defender Chris Montoya, appeared before Judge Javier Alcala at the Santa Clara County Superior County Courthouse in Morgan Hill on Sept. 25 to inform the court about new motions filed in the case, as well as a potential motion to dismiss.

Deputy District Attorney Jason Malinsky quickly argued that the motion to dismiss was “untimely” filed and that it was outside of local rules.

Montoya argued that it’s not untimely as it’s part of the defense’s in limine motions – pretrial motions designed to exclude certain evidence in the trial.

Judge Alcala agreed to hear the motion to dismiss and deal with the in limine motions in the same hearing. While Montoya pushed to have the hearing on Oct. 1 or 2, Malinsky said his office would need more time to respond if a motion to dismiss is filed.

The judge agreed and scheduled a hearing for Oct. 9 to hear all motions leading into the trial. The motion to dismiss will be heard first. If the motion to dismiss is denied, then the rest of the motions will be heard on that same day.

District Attorney Subpoenas Details on 2024 Campaign Donations

The one item the judge did approve was a subpoena issued by Malinsky to the City of Santa Clara for campaign donation records. Malinsky is specifically looking for the amount of money the 49ers political action committee (PAC) donated to the campaign to oppose Becker’s opponent in the upcoming District 6 City Council race.

He also wants records on the amount of money the 49ers have donated to a PAC supporting Suds Jain’s re-election in District 5. Malinsky says he wants the information on Jain because Jain is expected to be a witness in the trial.

Becker’s pro-bono attorney, Hayes Hyde, argued that the prosecution had not met the “burden to show cause” to have the records released, saying there was no justification.

Judge Alcala ruled that since the forms are available to the public, he will allow the subpoena. He was careful to say that allowing the subpoena does not mean that it will be allowed as evidence in the trial.

Hearing on Watanabe Subpoena Delayed

The judge also decided to hear Santa Clara City Council Member Kathy Watanabe’s motion to quash on Oct. 9.

Montoya and his team have subpoenaed emails to, from, drafted and deleted in Watanabe’s Gmail account from Oct. 1, 2022 to Oct. 15, 2022.

Watanabe represented herself at the hearing.

Becker’s trial is scheduled to start at the end of October.

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