Judge Denies Former Santa Clara Councilmember Access to Seized Devices

Santa Clara County Superior Court Judge Javier Alcala denied a motion by former Councilmember Anthony Becker to recover electronic devices seized during a perjury investigation. According to court proceedings, the devices must remain in evidence while Becker appeals his 2024 conviction for lying under oath about leaking a Civil Grand Jury report to San Francisco 49ers executives.

Why did Judge Alcala deny the return of the devices?

Judge Alcala ruled that the phones and computers must stay in evidence because the legal case remains active. Deputy District Attorney Jason Malinsky argued that prosecutors may need the evidence if the conviction is overturned and the case returns to trial.

Malinsky stated during the hearing that the “threshold issue” is that Becker cannot have the items back while the case is active. This includes devices belonging to Becker’s husband, which are also being retained pending the final resolution of the appeal.

Did You Know? In October 2025, Judge Alcala previously denied Becker’s request for the return of more than 30 items, including laptops and phones, though the judge did order the return of a laptop belonging to Becker’s mother and two documents.

What professional hardships has Anthony Becker reported?

Becker told the court he and his husband have lacked access to some devices for nearly four years. He stated this has created significant hardships when applying for jobs, as his professional portfolios are stored on the seized computers and iPhones.

Santa Clara Councilman Anthony Becker Delays Plea in Perjury Case

Becker, who holds a degree in film, radio, and television, noted that his camera no longer works on his phone. “It’s really hard to go out and start growing (a) portfolio,” Becker said during the hearing.

Expert Insight: Samantha Carter notes that this case highlights the tension between the state’s need to preserve a “frozen” evidentiary record for potential retrials and the defendant’s right to maintain professional viability. When digital portfolios are seized, the loss of access can function as a professional penalty before an appeal is even decided.

What happens next in the appeal process?

A public defender, Chris Montoya, confirmed that the appeal to overturn the 2024 conviction has been filed. However, no date has been set for the hearing.

Judge Alcala explored potential compromises to help Becker access specific files for employment purposes. He suggested the use of a forensic expert to determine what information could be recovered without returning the physical devices.

Prosecutors may continue to maintain that the extracted files already provided to the defense during discovery are sufficient. Becker and his attorney continue to argue that the original devices and files cannot be replicated through the forensic process.

Frequently Asked Questions

Why was Anthony Becker convicted?
Becker was convicted in 2024 of felony perjury for lying under oath about whether he leaked a Civil Grand Jury report to executives of the San Francisco 49ers.

What specific items are being held by the District Attorney?
The DA’s office is holding more than 30 items, including phones and laptops belonging to Becker and his husband.

Has the judge returned anything to Becker?
Yes, Judge Alcala required the return of two documents and a laptop that belonged to Becker’s mother.

Do you believe professional portfolios should be accessible to defendants during the appeals process?