Former Santa Clara Councilmember Anthony Becker has been sentenced to 40 days in a county work program run through the jail on specific days of the week.
Santa Clara County Superior Court Judge Javier Alcala levied the sentence, four months after a jury found Becker guilty of perjury and failing to uphold his duties as a public official. Becker was accused of leaking a 2022 Santa Clara County Civil Grand Jury report before its official publication date to a 49ers team executive, and lying about it to the grand jury during its investigation.
Becker will serve Mondays, Wednesdays and Thursdays beginning June 23 doing community service, such as picking up trash. He has to meet with county probation officers by Sunday.
“Whenever the court sentences someone you look to other cases that have been similarly situated,” Alcala said. “The problem with this case is I don’t have another case to compare it to, so it’s quite unique.”
Becker spoke before Alcala announced his sentence and apologized to the citizens of Santa Clara.
“I wanted to first apologize to the people of Santa Clara for this long ordeal,” Becker said. “I do respect this court, I do respect the process and I understand the verdict.”
Santa Clara County District Attorney Jeff Rosen said Becker’s apology rang hollow, but he approved of the sentence. He said his office wanted punishment to show elected officials they will be held accountable for their actions.
“The judge sentenced him to jail and I think that’s appropriate,” Rosen said. “He’ll be allowed to serve that sentence on ‘weekend work’ and doing something at least productive for the community.”
Deputy Public Defender Chris Montoya, one of the lawyers representing Becker, told San José Spotlight he plans to appeal the guilty verdict after the sentencing hearing. The appeal needs to be filed within 60 days of the judgment or sentencing.
“Mr. Becker is now a convicted felon. Society garners no further protection by imposing a jail sentence on Mr. Becker,” his lawyers wrote in the sentencing brief filed in court Wednesday. “Mr. Becker is already struggling under the weight of the collateral consequences of his conviction that have deprived him of his income and his career.”
Becker’s lawyers cite the probation report, which recommends he be placed on probation without jail time. They also referenced the fallout from Becker’s trial, including losing his bid for reelection last November and his inability to find a job, as social punishment he’s already faced.
Prosecutors asked that Becker receive a “significant jail sentence” in a Jan. 24 filing, claiming he didn’t show remorse during a discussion with probation officers. While prosecutors acknowledged Becker is eligible for probation, they argued it would better serve justice and be a more meaningful punishment for him to serve jail time.
“When a witness lies about a matter central to that search, the process is undermined, truth is obscured, and justice is thwarted,” the prosecutors’ brief reads. “The court’s focus should remain on the impact of the factors related to Becker’s crime and an in-custody jail sentence should be imposed.”
During the hearing, Bruno Kirschbaum, who worked on Becker’s 2018 and 2022 campaigns, spoke about how he felt threatened by Becker for the past few years. He said working on the elections ruined his life and he feels as though he’s being watched by Becker’s supporters.
Councilmembers Suds Jain and Kevin Park spoke to support Becker receiving probation with no jail time. Park spoke about the history of harassment and ethics violations in Santa Clara city politics and emphasized Becker’s losses since he was elected.
“He has not gained from this, I would say even before the trial came to light, he had lost so much,” Park said. “Politics has a very bad reputation for a very good reason.”
Throughout the trial, Deputy District Attorney Jason Malinsky presented ample evidence showing Becker lied about leaking the report, including testimony from former 49ers executive Rahul Chandhok and fellow Councilmember Suds Jain. Montoya questioned Chandhok’s credibility and argued the DA’s investigation wasn’t thorough enough.
Story updated April 4 at 1:27 p.m. Original story published April 3 at 11:53 a.m.
Contact B. Sakura Cannestra at [email protected] or @SakuCannestra on X.
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