Reputed Chicago mob boss James Marcello won a court skirmish with federal prosecutors Wednesday when a judge cleared him of an old charge of parole violation, but the victory did not win him his freedom.
Marcello left court to return to federal prison where the sexagenarian must continue to serve a life sentence for his part in an almost-two-decade organized crime wave that included a series of 18 long-unsolved murders.
U.S. District Judge William Hibbler ruled that federal prosecutors had failed to show that after Marcello's release from prison in 2005 he had violated the terms of his supervised release.
Marcello was arrested and put back behind bars a year later when prosecutors unsealed their sweeping Operation Family Secrets indictment of alleged leaders of the Chicago Outfit - the name of this city's organized crime family - and their followers.
He was convicted of murder in 2007 and sentenced to life in prison.
Prosecutors wanted Hibbler to revoke Marcello's supervised release. That way, there would still be a way to keep him behind bars if his conviction in the Family Secrets case were reversed.
Two other big-name reputed mobsters - Frank Calabrese Sr. and Joseph "Joey the Clown" Lombardo - are serving life sentences as a result of their convictions in the Family Secrets case.
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