In April 2005, Marcello and his younger half-brother, Michael "Mickey" Marcello, were indicted on murder and racketeering charges. 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 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." 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." Marcello currently is imprisoned at the
ADX Florence supermax prison in Colorado. == Personal Life ==