James Marcello - Family Secrets Trial

Family Secrets Trial

In April 2005, Marcello and his younger half-brother, Michael "Mickey" Marcello, were indicted on murder and racketeering charges. James Marcello was accused of murdering Nicholas D'Andrea, in 1981, attempting to kill Nicholas Sarillo, Sr. in 1982, and murdering brothers Anthony "Tony the Ant" Spilotro and Michael Spilotro in 1986. Until his indictment, James Marcello also was identified as running the Cicero, Illinois, crew faction of the Outfit with his brother Michael. The indictment alleged that both Marcellos had operated a lucrative video-gambling business, named M&M Amusement, that had placed video-gambling machines in businesses in Berwyn, Illinois and Cicero, Illinois from January 1996 until April 2004.

Shortly after he was indicted, Marcello attempted to be released on bond, offering to put up homes worth $12.5 million as bond and also offering to permit law enforcement officials to intercept his telephone calls. The homes included a $9 million house in Oak Brook, Illinois that was owned by Marcello's niece, Theresa Borsellino, and her husband; $1.1 million of equity in a house in Oak Brook that was owned by Nicholas Vangel—described as Marcello's employer—and his wife, Dorothy; a house in Palos Hills, Illinois owned by Marcello's son, James Marcello, Jr.; a summer house in Michigan City, Indiana owned by James Marcello, Jr.; a farm in McHenry County, Illinois owned by James Marcello, Jr.; and two homes in Long Beach, Indiana owned by James Marcello, Jr.'s boss. On April 29, 2005, however, U.S. District Judge James Zagel denied Marcello's request to be released on bond.

On June 21, 2007, the “Family Secrets” trial began in Chicago. The case was prosecuted by federal mob prosecutors Mitch Mars, T. Markus Funk, and John Scully. Although several other high-profile defendants, including Frank Calabrese, Sr., and Joseph Lombardo, took the highly unusual step of testifying in their own defense, Marcello opted not to take the stand to testify. During the trial, Michael Spilotro's daughter, Michelle Spilotro, testified that she could identify Marcello's voice in a "voice line-up" and that she remembered that Marcello had called her house twice on the day in 1986 that her father had disappeared. In addition, mob turncoat Nicholas Calabrese testified that Marcello had driven the Spilotro brothers to a home in Bensenville, Illinois in a ruse that Michael Spilotro was about to become a "made" member of the mob and that Anthony Spilotro—already a "made" member—was to be promoted to a "capo," or captain. Instead, Calabrese testified that he and Marcello—and about 10 other mobsters, including Louis Eboli, Louis Marino, John DiFronzo, Sam "Wings" Carlisi and Joseph Ferriola -- strangled the Spilotro brothers and beat them to death. Calabrese also testified that Marcello paid Calabrese's family $4,000 a month while both men were in prison to keep Calabrese quiet about past mob slayings.

On September 10, 2007, Marcello was convicted of racketeering, running an illegal gambling operation, obstruction of justice for paying Nicholas Calabrese hush-money, and failure to pay taxes on gambling income. After the verdict, according to news accounts, Marcello winked at his family members, including his son, James Marcello, Jr., and kissed his attorney, Marc Martin, on the cheek. On September 27, 2007, the same jury convicted Marcello of the murders of the Spilotros, but acquitted him in the D'Andrea murder. Marcello faced from 15-years-to-life on the racketeering charges and up to life in prison for the murders. Marcello was held at the Metropolitan Correctional Center, in Chicago, while awaiting sentencing.

On February 5, 2009, Marcello was sentenced to life in prison for the Spilotro murders, and United States District Judge James Zagel, agreeing with the presentation made by federal prosecutor Markus Funk, also found Marcello responsible for the D'Andrea murder as well, even though the jury had deadlocked on that count. "Mr. Marcello, you did have the appropriate demeanor in court," United States District Judge James Zagel told Marcello. "I believe you possess abilities that your co-defendants (Frank Calabrese, Sr. and Joseph Lombardo) did not have. I believe you have self-control and judgment that your co-defendants did not have...You know how to do the right thing....What is most significant is that you could have done better, because perhaps unlike your co-defendants, you know how to do better. I regret that you did not lead a better life. You are going to pay for your crimes."

Right after his sentencing in 2009, Marcello was sent to be incarcerated at the high-security United States Penitentiary, Atwater, near Atwater, California. However, the U.S. attorney's office in Chicago ordered him returned to the federal Metropolitan Correctional Center in Chicago to be present for a hearing on a related legal matter, and Zagel then approved Marcello's extended stay for his appeal. With Marcello's appeals virtually exhausted, the federal government -- without Zagel's permission -- began transferring Marcello to Atwater in early February 2012. However, on February 9, 2012, Zagel angrily demanded that Marcello be brought back to Chicago to help his attorney with his pending appeal. Arguments in Marcello's appeal were scheduled for February 13, 2012, and Zagel acknowledged the tight turnaround as he publicly excoriated the federal government for transferring Marcello out of Chicago without Zagel's permission. "I don't even know how they're going to get him back," Zagel said, referring to the Federal Bureau of Prisons. "But they are going to get him back here because that's my order...He will remain here until I order him released."

In April 2009, Family Secrets: The Case That Crippled the Chicago Mob by Jeff Coen, the Chicago Tribune reporter for the trial, was published by Chicago Review Press.