Deputy District Attorney Jason Malinsky argued\u00a0Becker\u2019s devices must be preserved because prosecutors could need the evidence if the conviction is overturned and the case returns to trial.<\/p>\n
\u201cThe threshold issue here is this is evidence that Mr. Becker cannot have back because this case remains active,\u201d Malinsky said during the hearing.<\/p>\n
Chris Montoya, a public defender representing Becker, told San Jos\u00e9 Spotlight the appeal has been filed, but no date has been set for the hearing.\u00a0He declined to comment on the continued withholding of Becker\u2019s devices.<\/p>\n
During the hearing, Becker said he and his husband have been without access to some of their devices<\/a> for nearly four years. In October 2025, Alcala denied Becker\u2019s request to have the District Attorney\u2019s Office return more than 30 items, including laptop and phones \u2014 though he did require the return of two documents and a laptop belonging to Becker\u2019s mother.<\/p>\n \u201cMy background \u2026 is in film, radio and television, where my degree is,\u201d Becker said during the hearing. \u201cA lot of my portfolios (are) on these computers and on my other iPhones.\u00a0It\u2019s really hard to go out and start growing (a) portfolio when your camera doesn\u2019t even work on your phone. It has created hardships for me for the last four years even when you\u2019re applying for a job.\u201d<\/p>\n Throughout the hearing, Alcala explored possible compromises for\u00a0Becker 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.<\/p>\n \u201cI\u2019m just trying to figure out a way to give him what he needs now,\u201d Alcala said.<\/p>\n 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.<\/p>\n
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