Former Santa Clara City Council Member Anthony Becker was again denied the return of his devices, almost eight months after he initially filed the request. Becker returned to Judge Javier Alcala’s courtroom on June 12. He asked for the return of the laptops and cellphones seized by the District Attorney’s Office for his perjury trial; in lieu of that, he requested access to the files on those devices. He received neither.
In an argument similar to the one laid out in the Oct. 22, 2025, hearing on the matter, Deputy District Attorney Jason Malinsky said that because Becker appealed the case, it’s not final. Malinsky argued the DA’s office should be allowed to keep the items in case of a retrial. Malinsky reiterated that technology might improve, and the DA’s office might be able to gather further evidence.
Becker’s attorney, Deputy Public Defender Chris Montoya, said his client was sentenced more than a year and a half ago. Montoya said that Becker was “indigent” and needed the devices to find work.
Becker spoke on his own behalf. He told the court he served his sentence over a year ago, and his additional community service was completed in October.
He informed Judge Alcala that he needs the devices to access his reels and writings to help get a job in his field of TV and Film.
Malinsky argued that those documents were in evidence, and Becker could get them from the drive handed over to his attorney.
Montoya responded that the files were unreliable extractions and the extractions were sometimes corrupted. Further, Montoya argued that extractions were not the same as Word, PowerPoint, or other documents.
Montoya asked that Becker be allowed to sit with a lab tech to find the files he needed. Malinsky shot down the idea, saying any access to the computer would be considered a “manipulation” of evidence.
Judge Alcala could not understand how the extractions could be different from the documents Becker needed. He asked if a lab tech could talk to the court about the issue, a suggestion Malinsky vehemently opposed.
Malinsky argued that Becker hadn’t proven that his files were inaccessible or that they were corrupted. He again demanded a list of files to access. Montoya argued that it was impossible to proffer a list, with Becker pointing out that he was being asked to recall 10 years of his career.
Becker also asked for his husband’s devices back, all of which were seized with a search warrant. Becker’s husband was never charged with a crime.
Judge Alcala denied both requests.
Montoya pointed out that his request was for his client to have access to the complete files.
Judge Alcala said he was “taking the DA’s word that they gave you complete files and gave you everything they could.”
Judge Alcala stated that he was “taking the DA’s word that they gave you complete files and gave you everything they could.”
To some observers, this ruling reflects a broader pattern in Santa Clara County, where the wheels of justice appear to turn unevenly. Critics contend that the District Attorney’s Office has not consistently adhered to the level of transparency, ethical responsibility, and impartiality that the public is entitled to expect, and that the courts have, at times, afforded the prosecution substantial deference. Given that the District Attorney’s Office has had years to extract, preserve, and review any potentially relevant evidence from Becker’s electronic devices, the continued retention of those items raises legitimate questions regarding necessity and proportionality.
What we are witnessing is the powerful hand of corruption through the district attorney’s office and even the judicial system in Santa Clara County and probably the state and federal level.
They, the District Attorney and Judge are holding one person’s life, liberty and property in their hands, for what ? Talk about cruel and unusual punishment. This is Royal Feudalism plain and simple. Why is it anything of Becker’s work and what Becker calls a ‘portfolio’ from videos he has done to writings– what business is it of the district attorney’s, what clues are there? Is it just to mess with Becker? Other prosecutors and experts I asked say so. Especially after the person served their time and the evidence seized is not drugs or bad digital crimes. The District Attorney’s office already has copies of it so how can Becker manipulate it? It is so contradictory and paradoxical?
Mr. Becker, the former Councilmember now convicted felon, claimed hardships not having his devices and property. Yet they expect Becker to be a productive member of society based on terms of his probation. They are basically setting him up for failure. None of them, the District Attorney Malinsky, Judge Alcala, or others who escaped charges in this story like Lisa Gillmor and Kathy Watanabe are not faced with the problem of not being able to afford to replace items that were taken. They live in a bubble.
The judge claims he has no idea about tech yet continues to sit on the bench. Yet this is the same Judge that clearly has some conflicts. Judge Alcala knows one of the grand jurors that Becker is supposedly lied to. That Grand Juror was Karyn Sinunu-Towery. Both Sinunu-Towery and Alcala worked in the District Attorney’s office together nearly twenty years ago. Becker called out Karyn Sinunu-Towery and another lawyer on the Civil Grand Jury when the report was released for the lack of facts and truth and how could lawyers allow that to happen. You then have Judge Alcala dismissing a juror in Becker’s trial for what he called ‘not paying attention’ when in reality she was booted because she was taking medication for schizophrenia. The District Attorney Malinsky and Judge Alcala had so many concerns with her ability to have any judgment. Yet that juror was consistently following along. The judge dismissed her based on her mental health and clearly violated HIPAA laws pressuring her into disclosing her medical history. Shame on the District Attorney Malinsky for agreeing with the judge to have in future jury questionnaires what medications people take. Are they saying people who take medications for mental illness are not qualified to serve as jurors, elected officials, or judges? What about Judges who are old like me, staying on the bench too long. What about that same Judge Alcala who booted the juror for not paying attention and “dozing off” to be dozing off himself during the trial. People caught that. Yet instead he boots the juror off the jury for medical issues and her ‘not paying attention’. Instead they rotated a juror in that was an office manager for a company renting a space in a building owned by the Gillmor family. How is that not a conflict of interest ?
There is so much that is unsettling and unanswered. Becker had served his time and still is being prevented from his belongings nor his husbands. This is where it is aggravating for myself and I would say others. Other people should be aggravated by these facts. The District Attorney’s office is willing to sit on Becker and his husband’s property as evidence for if it goes back to trial because Becker is appealing. To think though, there is a lot to think about here. Why is it Mayor Lisa Gillmor, her husband, her family members were not subjected to the same amount of scrutiny and investigation. Why were their homes not ransacked by the district attorney’s office looking to discover the leak of the grand jury report to the San Francisco Chronicle let alone the Silicon Valley Voice and San Jose Spotlight. Where was the seizure of Lisa Gillmor’s property and her husband’s? The same question: why was Kathy Watanabe and her husband Karl Watanabe’s property not seized and their home searched? Kathy Watanabe in court admitted under oath that she disclosed the “confidential report” to her husband and shared it with him. Karl Watanabe when interrogated by authorities if Kathy shared it with him, he lied to them saying she did not. When confronted that Kathy did disclose it, her husband Karl changed his story. No charges for either of them. People should be up in arms asking these questions: why is Kathy Watanabe and Lisa Gillmor above the law? Why is it that Kathy who literally admitted to a misdemeanor that would disqualify her from holding her city council seat in 2023 and 2024 and prevented her from being elected to the school board in 2024. Her admittance is a slam dunk conviction. It would also ban Kathy Watanabe like Anthony Becker from holding public office again, and prevent Kathy Watanabe from running for Mayor as she is now. Why is she getting a pass? Why is this paper or other media outlets not holding her accountable for her admitted disclosure that a former colleague of hers was convicted of. It is equitable in the law that she be prosecuted and convicted of the same misdemeanor is it not?
Why is it Police Union President Jeremy Schmidt destroyed all his evidence related to the Becker trial and the leak of the grand jury report. When Becker’s public defender pressed for answers why an officer of the law would delete such evidence, the District Attorney and judges would just stonewall any probing into those questions. Why is it Jude Barry who communicated with Jeremy Schmidt and had a copy of confidential report avoided any search and seizures.
It clearly says a few things in the testimonies that either Gillmor, Jude Barry, Jeremy Schmidt all are perjurers not knowing anything regarding the leak and are as honest as the day is long. I and many others don’t buy it. They clearly know more than they let on to. Heck, Mayor Lisa Gillmor admits to printing the report out after emailing it to her personal email then texting Jude Barry to check his email. Yet she is not a leak? her life not turned upside down to find the truth? It is also convenient that Mayor Gillmor damaged her phone and has search histories for contempt of court, ceilings of a misdemeanor and perjury.
So the District Attorney ignores clear evidence in front of them of Gillmor, Watanabe and the POA shady dealings yet are so worried about Becker’s property and how essential twenty years of his belongings and his entire life is to their case? Is it the District Attorney has a very weak case strengthened by pressured witnesses and no physical proof of the crime? The District Attorney Malinsky and Rosen said it is such a strong case. So why do they need all this “evidence” if they said they were confident their case was a slam dunk against Becker? Are there loopholes ? Is there something they don’t want Becker or his husband to have? Are they afraid Becker is or has Pandora’s box? He basically opened the floodgates with his string of appearances at City Council meetings lately demanding investigations. Is that what everyone from the District Attorney’s office, to Santa Clara City Hall and Mayor Gillmor are worried about?
Again, is anyone going to hold Kathy Watanabe accountable as well as Mayor Lisa Gillmor? Why is Kathy Watanabe allowed the run for Mayor? Where is the outrage for the crime Kathy committed? Why is the District Attorney not finding out who leaked the grand jury report to the San Francisco Chronicle, a paper that clearly hates Anthony Becker, so it’s obvious he didn’t do it. Can the District Attorney’s Jeff Rosen and Jason Malinsky explain that anomaly? Or is their justice selective and not for all?
One thing is certain, the treatment of Becker with his requests for property should make everyone think more about what is going on. Looks at what is happening with Councilmember Kevin Park now. From what Becker said at Council meetings, Teresa O’Neill is there for Kevin Parks wife in his divorce process. All this should send chills down peoples spines and a clear message.
Roger, we can only hope that, somehow, Santa Clara receives the level of scrutiny it deserves from the DOJ. When one family appears to maintain influence for so long, it raises serious questions about whether power has been abused, whether public trust has been violated, and whether anyone has personally benefited from remaining at the helm.
There are also troubling concerns about council members being targeted, harassed, pushed out of employment, and subjected to intimidation. This includes people appearing at court proceedings seemingly to witness their hardship, as well as the personal toll these situations can take on families, marriages, and children.
Add to that concerns about campaigns being secretly funded through unclear channels, blogs spreading untruths, and a political culture where some appear willing to throw mud and hope it sticks. The list goes on.
The general public often has no idea what is happening behind the scenes. And even when they are told, many find it difficult to believe. That is exactly why transparency, accountability, and a full investigation are so important. The public deserves answers.