As Santa Clara Vice Mayor Anthony Becker’s perjury trial nears its conclusion, his lawyers are asking the court to reconsider evidence that was previously excluded or edited.
The trial, which began on November 6, focuses on accusations that Becker lied to a grand jury about leaking a 2022 report on Santa Clara’s relationship with the San Francisco 49ers. Prosecutors claim he shared the report with former 49ers executive Rahul Chandhok. On Tuesday, Becker’s lawyers filed motions requesting permission to present unedited evidence and question witnesses they were previously barred from interrogating, including Santa Clara Mayor Lisa Gillmor.
“The excluded evidence and witnesses are critical for understanding Mr. Becker’s intent and assessing the credibility of other witnesses,” the lawyers stated.
They specifically want to question Mayor Gillmor and Councilmember Kathy Watanabe to investigate whether they, or even members of the grand jury, could have leaked the report. They also want to ask Ben Holt, an investigator with the District Attorney’s Office, about his work on other possible leaks.
Becker’s lawyers have also requested a mistrial, arguing that the court’s decisions have unfairly limited their ability to defend Becker. They claim that being unable to use certain evidence, or to question key witnesses, has harmed their case. Judge Javier Alcala will address this request on Wednesday.
Additionally, the lawyers have asked the court to exclude certain evidence introduced late by prosecutors. For example, an audio recording related to the case was destroyed when an investigator’s phone was reset. Judge Alcala has denied these motions, as well as a separate request to dismiss the case entirely.
Throughout the trial, Becker’s defense has faced numerous objections from prosecutors. The judge has prevented them from exploring issues like the contents of the leaked report, Santa Clara’s political tensions, or the city’s relationship with the 49ers, deeming them irrelevant to the charges.
During testimony last week, Councilmember Suds Jain stated that Becker admitted to sending the report to a local reporter. However, the defense’s attempts to ask Jain about his political relationship with Becker or related emails were blocked by prosecutors. Similarly, questions about errors in data extraction from Becker and Chandhok’s devices were dismissed as irrelevant.
The trial’s final witness testified Tuesday morning. Judge Alcala is expected to rule on the remaining motions Wednesday, followed by closing arguments from both sides.
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