He’s claiming otherwise, so I thought we’d set the record straight. (Posting this also likely means the blog will stay readable through next April.)
David Marcello, a candidate for Brookfield’s mayor, is denying he was convicted of battery against a minor. From his blog:
Your comments are untrue. This case was ajudicated over 7 years ago. A judge reviewed the complaint and with the full agreement of the District attorney’s office dismissed the charges. Look it up on wisconsin circuit court web site.
He was convicted. In his sentencing, the conviction was forgiven if he stayed out of trouble for one year. (He didn’t, but the courts didn’t look too carefully.)
These stories about David Marcello are no longer available because the Milwaukee Journal Sentinel hides them in paid archives. I’m going to reprint them to make them available to the public record. (So sue me. I’m getting good at that! I’m pretty sure any judge would weigh the public good against your revenue. If you really want these removed Milwaukee Journal Sentinel, let me know and I’ll document them in another way. I’ve decided it’s in my best interest to not be so cavalier. 
)
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Ex-Brookfield alderman convicted of battery
Published: February 1, 2003
A former Brookfield alderman was convicted Friday of misdemeanor battery for kicking a 14-year-old boy in the tailbone in a fit of anger.
David Marcello, 44, of Brookfield, pleaded no contest in Milwaukee County Circuit Court, where a judge found him guilty and accepted a deferred prosecution agreement.
Under the agreement, the case will be dismissed in one year if Marcello does not violate the law during that time. The penalty for battery can include a fine and jail time.
According to police reports and court records:
Marcello kicked the boy Aug. 31 after a football game the boy and Marcello’s son attended in Hart Park in Wauwatosa. Marcello was to give the boys a ride home but became angry when they showed up late.
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Man charged with kicking boy
Ex-Brookfield alderman angry teen was late for ride, complaint says
Correction: CORRECTION: from 05.02.2003:
An article Jan. 29 about an incident Aug. 31 in which former Brookfield Alderman David Marcello kicked a youth misstated when police became involved. The incident was reported to police in early September, not Dec. 20.
MIKE JOHNSON mikejohnson@journalsentinel.com, Journal Sentinel
Published: January 29, 2003
An alleged kick in the pants has landed a former Brookfield alderman in hot water.
David Marcello of Brookfield has been charged with misdemeanor battery in Milwaukee County Circuit Court. According to a criminal complaint, Marcello kicked a 14-year-old in the buttocks on Aug. 31 after the boy was late in arriving for a ride after a football game in Wauwatosa.
Before kicking the boy, who received a bruise to his tailbone area, Marcello became angry and used profanity, the complaint says.
The incident was reported to police on Dec. 20. The complaint does not say why the youth waited until then to report the incident. [ed. Remember this statement is corrected above.]
Marcello, 44, pleaded not guilty on Jan. 8 and was ordered to appear in court again on Friday for a pretrial conference.
Marcello also was ordered to have no contact with the 14-year-old.
Marcello’s attorney, Michael W. Steinhafel, said that he is in discussions with the Milwaukee County district attorney’s office to resolve the matter, possibly through deferred prosecution. Because the negotiations are continuing, Steinhafel said, he would not comment further on the case.
A real estate agent, Marcello served as a Brookfield alderman from April 1992 to April 1998.
In June 2001, Marcello ran in the special Republican primary for the state Senate’s 33rd District. He was one of seven Republicans seeking to fill the vacancy created by Margaret Farrow’s resignation from the Senate to become lieutenant governor. Marcello lost to Ted Kanavas, who went on to win the Senate seat.
Marcello did not immediately return calls seeking comment.
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To make it clear, this isn’t about David Marcello. He’s a jerk and not worth anyone’s time. (Plays second fiddle to Scott Berg, if you know what I mean. ) This is about the boy he abused, and later the family he harassed trying to avoid court.
David (Dave) Marcello was convicted of battery against a minor in February 2003.
He shouldn’t even be on the ballot.
(Update – Here’s a link to the history of Marcello’s case.)
19 responses so far ↓
1 Amazed // Dec 11, 2009 at 9:27 am
Thanks for doing the research. I’ll remember this in the voting booth in April.
2 Bklfd Voter // Dec 11, 2009 at 11:22 am
If I am following this correctly… he pled “no contest” (which is somewhat like a guilty) in exchange for keeping a clean (enough) record to have the case reviewed and dismissed a year later. Under the deferred prosecution agreement, the court dismissed the case a year later? Then the record was expunged? This was 5 or 6 years ago?
If so it appears BOTH no-contest and dismissal are true… at different points in time? It seems presenting half the story is a half-truth. It sounds like someone’s grievance may be with the justice system? Why not address the issue with the justice system, then?
Meanwhile, are there any current legal mis-steps by this candidate?
3 Cindy Kilkenny // Dec 11, 2009 at 11:34 am
I just popped up a link to the case history. Let’s leave it at this: For a year he was guilty in the courts; forever he has a record of battery. What really bugs me is his history of pretending it never happened.
Current legal mis-steps? I don’t know. You’d have to do the research.
4 Bklfd Voter // Dec 11, 2009 at 12:10 pm
Help me understand, then.
When the record was expunged, the “record of battery” remained as history for the no-contest plea and the one-year time period of the deferral?
Or the “record of battery” was not expunged when the case was dismissed after a year?
Or the whole thing was expunged when the case was dismissed, but if someone finds media accounts which pre-date the dismissal, these articles constitute a “record of battery”?
5 Cindy Kilkenny // Dec 11, 2009 at 12:32 pm
Public record – newspaper articles for one.
David Marcello kicked someone’s kid in the tail bone and broke it, and that’s the fact. You’d best get used to it. That fact is part of his campaign whether he likes it or not.
6 BrkfldDad // Dec 11, 2009 at 1:04 pm
I like the redact on the go ahead and sue me, good judgement there. I mean, JS has to make money somewhere, don’t encourage them to get it from you
This is the first I heard that the kid’s tailbone was broken. I know he got a swift kick in the butt and a bruise, but if the tailbone was broken, shouldn’t that have been substantial battery and a felony, not a misdemeanor?
7 The Lorax // Dec 11, 2009 at 1:15 pm
I’m not supporting the guy, but “no contest” is by no means a guilty plea. A lot of times it means you’ve made a deal with the DA and you just want to get it over with.
That said, all evidence says that Marcello is guilty.
8 Cindy Kilkenny // Dec 11, 2009 at 1:30 pm
Lorax – nolo contendere – you won’t dispute it. Often renders the same effects as a guilty plea without having to actually admit guilt.
Bdad – Um, I get your point. I’m not a specialist, so I wouldn’t know the law. I am working from my own information as I was once told a hairline fracture. That’s not in the public record, so I’ll change my argument to “bruised” a child as the paper supplies. Does that information make you like Mr. Marcello’s situation any better?
It was always my understanding the victim’s family didn’t bring this forward, the doctor examining the child had to report it under the law.
9 Cindy Kilkenny // Dec 11, 2009 at 2:01 pm
Many of the comments on Marcello’s BrookfieldNOW blog have been removed. In addition, his statement I quoted above is gone.
Guess you’ll just have to trust me.
Convinced this is a very odd situation yet?
10 The Lorax // Dec 11, 2009 at 3:53 pm
You should be screencapping, y’know.
11 Brkfld Res // Dec 11, 2009 at 4:21 pm
It is truly amazing how a community news paper blog is censoring comments. Why do people continue to defend this man? I can’t see his campaign staff being made up of more than Mary Beth Anderson. Mr. Berg did make a good point in asking who his campaign manager was. People need to understand that courts do not issue no contact order just to do so.
http://wcca.wicourts.gov/courtRecordEvents.xsl;jsessionid=EE8B325F2824D944701A1DDCA756A73C.render6?caseNo=2003CM000222&countyNo=40&cacheId=E4EBAE88BAFCC9DF9EF2949DDC321377&recordCount=2&offset=1&linkOnlyToForm=false&sortDirection=DESC
12 Cindy Kilkenny // Dec 11, 2009 at 4:44 pm
I didn’t see that. It will be a weak campaign indeed then to have a manager that’s never been involved in politics around here. It is my neighborhood, though, so things could get darn interesting.
13 Brkfld Res // Dec 11, 2009 at 4:44 pm
Sorry I forgot to post this earlier but this is Marcello’s response to a question about his being found guilt of battery assault against a minor.
“David_Marcello » Report abuse Thursday Dec 10, 2009 11:37 PM Your comments are untrue. This case was ajudicated over 7 years ago. A judge reviewed the complaint and with the full agreement of the District attorney’s office dismissed the charges. Look it up on wisconsin circuit court web site. I did plead guilty to a burning violation in Waukesha county and paid a $35 fine. It is not my practice to argue with fools, but I will defend the truth. I refuse to be defined by mistakes I’ve made in the past, but rather focus on the present and future actions which are ahead of me. There is redemption for those who repent. I promise to pray for you Brookfiedl dad that your anger and frustration will not destroy you> Perhaps someday you will step into the light of day where credible people and candidates like myself live their lives.”
Notice how he acccuses a brookfield resident of wrongdoing when Marcello, himself, is the criminal. Also, notice his use of religion. This man is not only unqualified, he is unstable
14 Cindy Kilkenny // Dec 11, 2009 at 5:10 pm
Holy cow! (My own use of religion for the evening.
) This is very consistent with the late-night drinking e-mails I used to get, complete with typo. Notice the time stamp of 11:37 p.m.
I am not going to step into the “unstable” comment. One of my fears is that current mayor Jeff Speaker will try to use that one again and the public will revolt. I’m pretty sure I’ve successfully convinced most of Brookfield that Speaker lied about me to win, and I think they’d discount another attempt to use that accusation.
Besides, Marcello still isn’t nearly as, uhem, interesting as Scott Berg.
15 Tax Hell // Dec 11, 2009 at 5:20 pm
Ahhhh. A heaping helping of Republicans eating their own . This is yummy! Too bad someone who isn’t ‘tainted’ can’t step up and do a better job of leading this city. But that would mean they would have to get skewered at every turn by the press & bloggers. No wonder we end up with the dregs for pol’s we’ve got. You couldn’t pay me enough to swim in that sludge.
16 Cindy Kilkenny // Dec 11, 2009 at 6:56 pm
Mr. Hell, I’m not Republican, so your “heaping helping” isn’t exactly accurate, but as to the rest? Indeed that’s a rather blunt but effective way to put it.
17 BrkfldDad // Dec 11, 2009 at 9:44 pm
Nope, doesn’t make me like the situation any better, just trying to figure out how he avoided a felony, since it wasn’t negotiated down to a misdemeanor.
18 Anthony // Dec 11, 2009 at 10:59 pm
This guy clearly has anger issues and by no means is mayor material.
For once, I’m glad I don’t live in Brookfield. I don’t have to deal with a bunch of dumbasses like Marcello and Speaker running for mayor.
I am happy with the way Tom Barrett is running my city, and I hope he gets in for governor.
19 Locke // Dec 12, 2009 at 4:52 pm
This article by Marcello on BrookfieldNow.com keeps getting more bizarre by the day. When responding to a posting of his battery against a minor record, Marcello not only dimissed the court record as “libelous” he stated “Brookfield has many excellent people and I am willing to be kicked for the right to work for the betterment of our community.”
As a blogger on BrookfieldNow pointed out, using the word kicked is either pretty ironic or pretty sick when considering how David Marcello battered a minor – by kicking him.
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