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.
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.