It’s been more than two years since former Santa Clara Councilmember Anthony Becker’s home was raided as part of a perjury investigation against him. Though he was found guilty last year, he still hasn’t gotten back his belongings taken in the raid.
A July 29 motion filed in court by Deputy Public Defender Christopher Montoya, Becker’s lawyer, lays out the list of items and requests the Santa Clara County District Attorney’s Office return them because Becker can’t afford to replace them. This includes his phones, laptops and flash drives. Not having these electronics has prevented Becker from finding work or moving forward in his life. Judge Javier Alcala, who presided over the perjury case, will decide on the request to return Becker’s property at an Aug. 15 hearing.
During the April 2023 raid on Becker’s house, the DA’s office seized 30 items, mostly electronics and digital storage devices.
Montoya said the electronics have important records and documents, including personal finances and medical records, which are not accessible in cloud storage.
“Maintaining custody of Mr. Becker’s items has imposed an extreme, unnecessary burden on his life and his husband’s life,” he told San José Spotlight. “This prolonged seizure has negatively affected his attempts and ability to obtain gainful employment. Normal life tasks that are simple for the average person have been unreasonably difficult because he has lost every single electronic device, without the ability to pay and replace them.”
In December 2024, a jury found Becker guilty of lying about leaking a 2022 Santa Clara County Civil Grand Jury report on the political influence of the 49ers football team on Santa Clara to a team executive before its official publication date. A judge sentenced him to 40 days in a county work program on April 4. Becker is appealing the verdict, though no hearing has been scheduled yet.
Montoya said DA representatives previously told Becker they’d only hold on to his electronics for a matter of months. He wrote in the motion that the items are no longer being used as part of any investigation, which violates Becker’s rights to due process.
Becker’s appeal appears to be delaying the return of his property. Deputy District Attorney Jason Malinsky, who filed a July 31 opposition motion, wrote the appeal could lead to a retrial, and returning Becker’s property would interfere with the prosecutor’s case.
A spokesperson from the district attorney’s office declined to comment and referred San José Spotlight to Malinsky’s motion.
“Defendant fails to mention in his motion that he has filed a notice of appeal of his conviction,” Malinsky wrote. “Until that appeal is resolved, judgment in this matter is not final.”
Contact B. Sakura Cannestra at [email protected] or @SakuCannestra on X.
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