Trial for alleged leak to 49ers postponed

The perjury trial of a Santa Clara City Council member accused of illegally leaking a grand jury report to a San Francisco 49ers lobbyist and then lying about it was postponed Friday after his lawyer requested more time to prepare.

Anthony Becker, whose failed 2022 campaign for mayor was backed by about $2.5 million in donations from 49ers CEO Jed York, now will go to trial April 22, Santa Clara County Superior Court Judge Elizabeth Peterson ruled.

The trial had been set for March 4, but Becker’s lawyer, Assistant Public Defender Christopher Montoya, complained he hadn’t had time to read some 13,000 pages of law enforcement records about the case. Montoya also said he had a scheduling conflict.

Prosecutor Jason Malinsky opposed the delay, saying Becker’s lawyer already had been given plenty of time to get ready.

“The facts are not complicated,” Malinsky wrote in a filing.

Becker was indicted last April on one felony charge of perjury and a misdemeanor charge of failing to perform his official duties in connection with alleged election-year improprieties involving Rahul Chandhok, then a 49ers executive vice president and lobbyist.

At issue is a civil grand jury’s October 2022 investigative report accusing Becker and four other City Council members of putting “the 49ers’ interests ahead of the city’s interests” in connection with the team’s management of publicly owned Levi’s Stadium.

The report was slated for public release Oct. 10, a month before the election between Becker and incumbent Lisa Gillmor, a longtime 49ers critic.

Three days ahead of the release date, Becker received a draft copy of the document. Though he was legally required to keep the report confidential, Becker sent it to Chandhok, according to the lobbyist’s testimony.

Chandhok used his advance copy in an effort to undercut the grand jury’s findings. But the efforts failed, as Gillmor beat Becker in the election despite being outspent by about 8-1.

After the election, Becker told a criminal grand jury investigating the leak that he had nothing to do with it. But Chandhok testified Becker leaked him the report. Chandhok left the 49ers for a job with USA Soccer about the time of Becker’s indictment.

In Friday’s filing, the prosecutor said the investigation is ongoing: The crime lab is processing electronic records seized from Chandhok, he wrote.

Becker has continued to serve on the council, resisting calls for his resignation.

Other pro-49ers council members recently voted to promote him to vice mayor.