March 4, 2010

While he sought longer, District Attorney says he can 'live with' Becker's prison sentence

District Attorney Michael Nieskes said Thursday he wasn't surprised to learn Gary Becker was shopping for women's underwear 15 days before his sentencing hearing.

"I'm not surprised a sex offender who has a history of taking risks and making bad decisions on a regular basis on how to conduct themselves continued that behavior," Nieskes said.

DA Michael Nieskes making a point during hearing

Nieskes' office secured a three-year prison sentence for Becker on Wednesday on crimes related to the former mayor's arrest in an Internet sex sting in January 2009. The District Attorney had recommended Becker serve five years in prison for the crimes.

Judge Stephen Simanek sentenced Becker to three years in prison after learning Becker shopped at Boston Store last month for nine items of women's lingerie. Simanek said before learning about the shopping trip he was prepared to give Becker probation for his crimes.

Nieskes said Thursday the revelation of Becker's shopping trip didn't change his recommendation of five years in prison.

"My recommendation didn't change, but it strengthened my argument," Nieskes said.

As for Simanek's decision, Nieskes said he stood by his recommendation for the five years in prison. But he added he had no comment for or against Judge Stephen Simanek's sentencing.

"The judge made his determination. I don't feel it's appropriate to comment one way or the other," Nieskes said. "The judge had a different interpretation. It's a ruling I'll live with."

Becker's attorney, Patrick Cafferty, said Wednesday he would talk with Becker about appealing the judge's ruling. Nieskes said there's not much to appeal. Becker plead guilty to the two felonies he was sentenced on, and the state gives circuit court judges a great deal of power over sentencing.

"I don't know what the basis of the appeal would be," Nieskes said. "I feel this case is a very solid case. The record is clear. It doesn't mean someone won't file an appeal."

As for the revelation during the hearing that Becker admitted to having an affair with two city employees while mayor, Nieskes said the information came from a written statement by Becker and medical reports taken while Becker was receiving treatment.

All of the documents that report Becker's affairs were sealed by the court and unavailable to the public, Nieskes said. This is typical in criminal trials, he said.


  1. An appeal??? What can be gained by doing anything more on this case. He said he was guilty. The judge sentenced him within the limits of what can be done. Gary proved beyond any doubt he is still out of control. Appeal what? Only do an appeal if more lock up time can be added.

  2. I'll bet Dickert is upset that Gary is going away for 3 years.

  3. DA "Orange Man"

  4. It's pretty standard practice to appeal the sentence to attempt to get it reduced. Nothing new or unusual with that.

  5. My guess is Becker thought his attorney had negotiated a sentence without prison time. The judge actually had indicated that in his comments. So Becker probably thought he was sitting pretty prior to the sentencing hearing and could do anything he wanted knowing he wasn't getting any prison time. I think the judge was correct in changing his mind. However, that could explain the look on Becker's face after the ruling. Becker most likely thought he had been screwed by the judge. Oh well.

  6. Typically criminals blame their lawyers, cops, the judge for their sentence instead of themselves for the crime they committed. Becker was a criminal thinker before he started looking for under-aged sex.

  7. Wow, just like him to file an appeal. Really, you pled guilty you were sentenced lightly. Our justice system is messed up. All this pre-bargaining hurts in some cases. It gets so lawyers and judges get an attitude if they actually have to fight the case in court.

  8. Now can we get his emails at city hall?

  9. Will he get out of jail early ?? for "good behavor " ??

  10. Anon 12:49, I asked the same question in another article and was informed of the "Truth in Sentencing" law. A felon is required to server the entire term. There is no early release. But, if is a bad boy inside, additional time can be added to his sentence.

  11. if the DA wanted to give him more time, when WHY did they do that plea agreement dismissing the child porn (and other) charges?

    what about the drugs found? they would have tacked that on anybody else's charges.

    corrupt lying SOB

  12. I am interested in the emails we should know what he was doing on city time. We know he had at least 2 affairs. The city was a mess with all the infighting. Bet his emails would shed some light.

  13. HunterJohn - the term "criminal thinker" is pretty scary. Care to elaborate?

    The last time I checked, a man could still think whatever he damn well pleased. Has that changed?