By Robert Haugh

Indicted Vice Mayor Anthony Becker is back in court today.  

A series of motions will be heard regarding his felony perjury trial. It’s scheduled to start next Monday, July 29, 2024 with a review of the trial calendar.

Becker’s legal team is trying to expand the investigation beyond Becker. It’s an attempt to show that Becker is being selectively prosecuted, according to people following the trial proceedings.

Local news sources who are 49er friendly have tried to help Becker make his case for awhile. But they’re not really objective.

The Silicon Valley Voice wrote about the selective prosecution strategy over a year ago. 

But Becker leaked the 2020 Grand Jury report to the SVV’s Carolyn Schuk (a misdemeanor) then lied about it to the Grand Jury (a felony).  Schuk is close to Becker and was caught secretly writing official memos for him.

Around the same time, San Jose Spotlight wrote about Becker’s “political assassination.” The author was Spotlight’s CEO, Ramona Girwargis. 

But in 2023 Grand Jury depositions, Giwargis was revealed as a team-friendly reporter. A 49er executive and the team’s consultants said Giwargis was a reporter they would go to when they needed a team-friendly story. 

Despite these reports, there’s no evidence that anyone other than Becker leaked and lied about the Grand Jury report.

But there’s a lot of evidence that Becker has been getting special treatment. 

This is despite the fact that District Attorney Jeff Rosen and Deputy District Attorney Jason Malinsky said this was an important case.

Becker was indicted in April 14, 2023. That’s over one year and three months – or 468 days. Interestingly, Becker waived his right to a speedy trial.

Since then, Becker has received a lot of court delays. More than most defendants according to local court observers.

A few days after his indictment (April 2023), he said that he was trying to find an attorney instead of using a Public Defender.

Three months later (July 2023), he got a delay saying he was still trying to find an attorney and needed more time.

Approximately nine months after his indictment (January 2024), Becker’s Public Defender told Santa Clara News Online that media reports were incorrect.  Becker was never trying to find an attorney. The Public Defenders’ Office had to make sure that he met income requirements to qualify for their services.

Ten months after his indictment (February 2024), Becker asked for and received another delay.

This happened even though in November 2023, Judge Daniel Nishigaya decided on a March 4, 2024 start date for Becker’s trial.

In February 2024, Judge Elizabeth Peterson set a new trial date for April 22.

Then one year after his indictment, in April 2024, Becker got another delay. 

This time, Becker added private attorneys to his legal team. 

That’s a highly unusual move that raised a lot of questions about who helped find private counsel for Becker when he can’t afford it and was found eligible for a Public Defender.

It also raises questions about Becker receiving an illegal gift. According to former FPPC Chair Ann Ravel, Becker cannot receive pro bono legal services from his private attorneys: Grant Fondo and Hayes Hyde of the Goodwin Proctor law firm.

The Public Defender’s Office says Becker is receiving the private attorney services through their offices. But they have not checked with the FPPC.  If it’s a violation, Becker is personally liable for any fines.

The court documents also say that Becker picked the private attorneys, not the Public Defender’s Office. 

And their travel schedules caused another delay.

This week, according to the Court calendar, Becker’s legal team will ask for another delay. 

And Becker filed for re-election a few days ago. 

With all the delays he’s been getting from judges, maybe Becker doesn’t think his trial will start anytime soon. 

Maybe Becker thinks he can serve another four-year term while he’s under criminal indictment. 

Wow. That would be a first in Santa Clara County. 

And that would also be really embarrassing for the Mission City and our judicial system.