Former Santa Clara official again denied access to devices

A judge has once again denied an ex-Santa Clara official access to his electronic devices seized during an investigation that led to his felony perjury conviction.

Santa Clara County Superior Court Judge Javier Alcala denied former Santa Clara Councilmember Anthony Becker’s motion to return the devices after a Friday hearing that centered on giving Becker access to personal and professional files stored on phones and computers. Alcala said the devices must remain in evidence while an appeal moves forward to overturn Becker’s 2024 conviction for lying under oath about not leaking a Civil Grand Jury report to San Francisco 49ers executives.

Deputy District Attorney Jason Malinsky argued Becker’s devices must be preserved because prosecutors could need the evidence if the conviction is overturned and the case returns to trial.

“The threshold issue here is this is evidence that Mr. Becker cannot have back because this case remains active,” Malinsky said during the hearing.

Chris Montoya, a public defender representing Becker, told San José Spotlight the appeal has been filed, but no date has been set for the hearing. He declined to comment on the continued withholding of Becker’s devices.

During the hearing, Becker said he and his husband have been without access to some of their devices for nearly four years. In October 2025, Alcala denied Becker’s request to have the District Attorney’s Office return more than 30 items, including laptop and phones — though he did require the return of two documents and a laptop belonging to Becker’s mother.

“My background … is in film, radio and television, where my degree is,” Becker said during the hearing. “A lot of my portfolios (are) on these computers and on my other iPhones. It’s really hard to go out and start growing (a) portfolio when your camera doesn’t even work on your phone. It has created hardships for me for the last four years even when you’re applying for a job.”

Throughout the hearing, Alcala explored possible compromises for Becker to access files without returning the devices. He suggested bringing in a forensic expert to explain what information could be recovered from the devices, and questioned whether prosecutors could work with Becker to identify files needed for employment purposes.

“I’m just trying to figure out a way to give him what he needs now,” Alcala said.

Prosecutors maintained the extracted files already provided to the defense contained the information Becker sought, while Becker and his attorney argued the original files and devices could not be replicated through the forensic process.

When asked after the hearing if prosecutors would explore forensic options for accessing files on the devices, Malinsky said Becker already has access to the contents through discovery provided before trial.

“Becker’s husband’s devices are also being retained as evidence in the case pending final resolution of the case on appeal,” Malinsky told San José Spotlight.

Becker has maintained his innocence.

“The DA has everything I’ve had for my entire life,” Becker said.

Contact Maryanne Casas-Perez at [email protected] or @CasasPerezRed on X.