Three people standing in front of a barrier talking with someone out of frame while one man in a suit stands behind barrier and behind a row of seats
Santa Clara Councilmember Anthony Becker (right) in the gallery during a hearing on Aug. 16, 2024 while his lawyers talk with the judge. Photo by B. Sakura Cannestra.

Santa Clara Councilmember Anthony Becker’s perjury trial has been delayed again, pending the court’s schedule.

Becker was accused of perjury in April 2023 after allegedly lying about leaking a Santa Clara County Civil Grand Jury report ahead of its publication. Attempts for a plea deal fell through in late August. Judge Panteha Saban put the case on standby at a Tuesday hearing and said it would be rescheduled again on Monday.

Becker allegedly lied about leaking the 2022 grand jury report “Unsportsmanlike Conduct,” which centers on the 49ers’ political presence and power in Santa Clara city politics. At the time, 49ers officials called it a “hatchet job,” and the five councilmembers scrutinized in the report, including Becker, said it was riddled with misinformation.

Becker’s lawyers have been building an argument that he isn’t the only one who leaked the report and lied about it — but he’s the only one who’s been charged. His public defenders sought subpoenas against the Santa Clara County District Attorney’s Office and Santa Clara Mayor Lisa Gillmor, seeking information on how both parties have handled other grand jury reports.

The DA’s office and Gillmor both asked the court to deny those subpoenas on the grounds of being overly broad and unrelated to the case. After discussions, Becker’s lawyers limited their scope on both requests.

Political opponents of Gillmor suspect her of leaking the report to the Santa Clara Police Officers Association, who quoted the report in a website blasting the same five councilmembers before it was publicly released.

Among Becker’s lawyers’ subpoenas was one for fellow Councilmember Kathy Watanabe, who filed a motion to quash it on Sept. 5. The subpoena asks for all emails she sent, received, drafted or deleted between Oct. 1 and Oct. 15, 2022, according to Watanabe’s motion. She claimed it’s too broad and violates her right to privacy.

“I’m concerned about how Mr. Becker may use my private information and personal communication that is irrelevant to the case,” Watanabe wrote.

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In her motion, she said Becker has harassed her in the past. Her examples include the grand jury report published in June, “Irreconcilable Differences,” and allegations that Becker verbally abused her and Gillmor during a closed session meeting in August 2022. An external investigation cleared Becker of the allegations and found that Watanabe had directed profanity at him during the meeting.

Watanabe’s motion was not discussed at Tuesday’s hearing. Saban said Becker’s lawyers requested time to respond to the motion before it gets discussed in the courtroom, and that a hearing will likely take place next week by the trial judge.

Contact B. Sakura Cannestra at [email protected] or @SakuCannestra on X, formerly known as Twitter.

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