Despite completing his sentence for perjury and violation of duty, a Santa Clara County judge has refused to return the electronic devices of former Santa Clara City Council Member Anthony Becker. The judge is also refusing to require the return of two cell phones belonging to Becker’s spouse, Abel Cardona, who was never convicted of or charged with a crime. The judge says Cardona can receive his devices back if he hands over the passwords to his phones and the District Attorney’s office finds no evidence on those phones.
On Oct. 22, Becker’s attorney, Deputy Public Defender Chris Montoya, asked Judge Javier Alcala to order the return of more than 30 items seized during the investigation into Becker. The items included laptops, cell phones and other property. Montoya argued that none of the items were “physically” presented in court as evidence during the trial. The only evidence used was data extracted from the devices. He said the extracted evidence is now on drives in the District Attorney’s office, and so the devices should be returned.
Deputy District Attorney Jason Malinsky disagreed. He told the court his office extracted evidence from some of the devices and was unable to access others. He said the office was still attempting to access some evidence, and since Becker plans to appeal, the DA’s office should be allowed to keep the devices until all avenues of appeal have been exhausted.
Malinsky went further to say that because technology is constantly improving, new evidence could be uncovered. If an appeal was successful, the DA’s office might have new evidence in a new trial.
In regard to Cardona’s devices, Malinsky said Cardona invoked spousal privilege when the DA’s office tried to get him to testify in front of a grand jury in 2022. He told the judge that situations change, and if there were a new trial, Becker and Cardona might be “separated” or “divorced” by then, so Cardona’s devices might be relevant. It was an argument Judge Alcala allowed.
Yet, during the hearing, Malinsky admitted that the lab never attempted to process at least one of Cardona’s devices, a cell phone.
Trying to find a middle ground, Judge Alcala suggested that Cardona hand over passwords to his devices so the District Attorney’s office could have full access, and if the DA’s office did not find any evidence on the phones, it would then return the devices to Cardona.
Again, Cardona has never been arrested or charged with a crime.
A similar offer was made for Becker’s devices. Becker was told that if he hands over the passwords to all of his devices and if the DA’s office finds no evidence, then the devices would be returned.
Montoya argued that the DA’s office had the items for nearly three years. What’s more, the DA’s office stated it was “ready for trial,” which is why the case moved forward. Since then, Becker has been tried and found guilty of perjury and violation of duty. Becker has completed 40 hours of work service and 40 hours of community service, completing his sentence.
Montoya argued that the DA’s office has had time to search the devices. He asked the judge to offer reasons for keeping the devices longer and for how long each device would be kept. While Judge Alcala did not offer a blanket ruling, he did indicate that he was leaning toward siding with the District Attorney’s office in the sense that new evidence could come forward with the advancement of technology and so until all appeal options are exhausted, the DA’s office could keep the devices unless Becker was willing to offer the passcodes.
The only exception to the list of items that could be released seemed to be documents taken from Becker’s house that could be copied. There was also a Dell laptop that apparently belonged to Becker’s mother. During the hearing, Malinsky stated that the laptop was “outside the scope of the search warrant,” though he offered no explanation for why the DA’s office kept the device for three years.
Becker told the court that the inability to access his devices has made it difficult for him to get gainful employment in his previous field, film, because the devices contained examples of past work. He said there are also personal documents, such as taxes and past lease agreements, on the devices, all of which are inaccessible.
Malinsky would not commit to allowing Becker to access his documents, saying he would need to confirm with an investigator, but he did say it seemed “reasonable” to put some files on a USB device for Becker if he could identify specific ones.
Malinsky is expected to provide the defense with a list of devices that are password-protected and inaccessible to the DA’s office so that Becker can decide if he wants to provide passwords.
The parties are expected to return to court on March 6, 2026.
The Political Persecution of Anthony Becker: A Santa Clara Tragedy
It seems Anthony Becker has become the latest casualty of the Gillmor political machine — a system that operates more like a mafia than a democracy. Anyone who listened to the recent hearing could tell that both Judge Alcala and District Attorney Jason Malinsky were determined to deny Becker access to his own devices. That determination alone reveals the DA’s true motivation: a fishing expedition stretching back years before Becker ever served on City Council.
Mayor Lisa Gillmor and her allies — within both the judicial and political systems — have weaponized California Penal Code §933.05(f) to protect the controversial 2022 grand jury report. They were allowed to leak it, publicize it, and even build a website around it, while others were legally gagged from questioning or debunking it. It’s a grotesque abuse of power — a kangaroo court operating with Gillmor’s full blessing. Becker was convicted of lying about leaking a report that itself was a 63-page fabrication. Where is the justice in that?
For all the DA’s posturing, the case against Becker appears flimsy — certainly not the airtight prosecution they claim to have built over three years. The District Attorney’s behavior suggests deep anxiety about how an appeal might expose their overreach, as well as the influence of the so-called Gillmor mafia. That fear was palpable as Gillmor’s loyalists — including Stand Up for Santa Clara president and “ethics expert” Tom Shanks — lobbied the judge for a harsh sentence. They wanted Becker locked away for two years to silence him. The judge ultimately rejected that demand, though even Becker’s alternative sentence was disproportionate compared to what other elected officials in California have received for genuine corruption or bribery.
A particularly disturbing element from the hearing — as reported by The Silicon Valley Voice — involved the treatment of Becker’s husband. He is not charged with any crime, yet his personal devices have been seized and held for three years. Even worse, DA Malinsky suggested that if Becker and his husband were ever “separated” or “divorced,” the husband could become “open game” for the prosecution. This chilling statement exposes how far the DA’s office is willing to go — targeting a couple for their marriage and hinting at spousal privilege as a weapon. It’s hard not to see the undercurrent of anti-gay bias at play.
This isn’t an isolated incident. Santa Clara politics has a troubling history of personal destruction. Relationships and marriages of local leaders — from former Councilmembers Caserta, McLeod, Kennedy, and Silva, to current members Kevin Park and Suds Jain — have come under attack. Spouses and partners are routinely used as pressure points, collateral damage in the Gillmor machine’s drive to maintain control.
The media, too, bears responsibility. Many outlets eagerly embraced the narrative of the 2022 grand jury report — the same report Becker was accused of leaking — treating it as gospel truth rather than scrutinizing its inconsistencies. Reporters continue to amplify Gillmor’s version of reality without accountability. When confronted, she hides behind her gender, portraying criticism as sexism while playing the victim. She even falsely accused Becker of harassment — allegations later proven untrue — yet faced no repercussions.
Gillmor’s media allies, including The San Francisco Chronicle and local blogger Robert Haugh, serve as her personal propaganda arm. She calls it a “diversity of news,” but it’s more accurately a diversity of deceit. The irony is striking: Chronicle reporter Lance Williams once faced jail time for protecting a leak source, while Haugh was arrested for serious crimes that mysteriously vanished from the docket. Gillmor surrounds herself with such ethically compromised figures, yet the press never questions her fabrications. Instead, they chase headlines — never the truth.
Then there are the deeper conflicts of interest. Judge Alcala, who presided over Becker’s case, once worked in the same DA’s office as Karyn Sinunu-Towery — the civil grand juror who co-authored the very 2022 report Becker was accused of lying about. Both Alcala and Towery share professional and academic roots at Santa Clara University, an institution closely tied to the Gillmor family. Coincidence? Perhaps. But the pattern is impossible to ignore.
During jury selection, DA Malinsky’s analogy about “four drivers making illegal turns” was quickly dismantled by potential jurors who questioned why only one person — Becker — was targeted. Those jurors were promptly dismissed. Later, a juror with a medical condition was removed under questionable circumstances, replaced by another who happened to work in a building owned by Gillmor. More coincidences? Hardly.
Ultimately, this case is not about justice — it’s about power. Gillmor’s influence has infected the courts, the media, and public opinion. Her allies treat grand jury reports as sacred scripture, quoting them like divine law while using them to smear opponents. From the 1987 to the 2024 grand jury reports, the pattern is the same: strategic timing, selective outrage, and calculated narratives designed to eliminate threats.
“Outplayed,” the title of the most recent grand jury report, says it all — a taunting message from Gillmor herself. In her mind, this is not about ethics or accountability. It’s about winning, no matter who gets destroyed in the process. Anthony Becker was one of her strongest challengers — and she made sure he wouldn’t survive politically.
Clarification, Tino Silva was a council candidate not a Councilmember. Tino and his wife separated then he moved away to Arizona.
Roger
There is a reasonable possibility that some of the visible support for Lisa reflects pressures or dependencies rather than genuine agreement. An unverified insider account has circulated in which real estate leverage was referenced in a way that could be understood as pressure. Whether or not that specific account is accurate, it aligns with broader public concerns raised in connection with past episodes, including actions taken against officials following critical findings, attempts to remove sitting officeholders, efforts that extended pressure to family members, and the use of surrogates to deliver hostile messaging in public forums.
From the same standpoint, it is not difficult to understand why some observers believe that Lisa may also have exerted influence around Caserta and Blupac. To insist that she was uninvolved would require a clear alternative explanation capable of accounting for those developments. Until such an explanation is offered, it is reasonable to treat the leverage based interpretation as one of the serious possibilities that merits consideration.