Back in court for his 48th adult criminal case, the 'Moving Menace' tries the insanity defense

MILWAUKEE -- There are criminals. And then there are career criminals. Daniel Berczyk is a relentless thief, but apparently not a very good one. After all, he's been caught so many times, you could wallpaper a house with his mugshots. He's been the subject of numerous FOX6 investigations over the years and he's back in the spotlight again.

You don't have to tell Daniel Berczyk he's a "menace to society." He called himself one 14 years ago at a sentencing hearing for seven different crimes.

It's a pattern that seems to repeat itself year, after year, after year.

One among dozens of booking photos of Berczyk through the years.

Berczyk has been charged with an astounding 81 crimes since 1996. That's 81 distinct criminal charges in 48 separate cases, with 37 convictions -- and more pending.

"I'm a criminal. That's what I'm supposed to do," Berczyk said to FOX6 Investigator Bryan Polcyn in the hallway of the Milwaukee County Courthouse, while awaiting a hearing on his plea of "Not guilty by reason of mental disease" to multiple felony charges.

"Some people apparently don't want to work for what they want," said Randy Schwartz, owner of an industrial fastener business in Franklin.

Schwartz says he's worked for everything he's ever gotten, including a $20,000 RV that he liked so much, he gave it a name.

The $20,000 trailer Berzcyk is accused from stealing after it was posted for sale on Craigslist. The name on the back of the trailer - Eleanor - helped police track it down and tie the theft to Berczyk.

"All the boats have names," Schwartz said. "And I thought, well, if I spend that much money on something, it should have a name. So I named it 'Eleanor.'"

He got the name from a custom Mustang in Gone in 60 Seconds, a movie about an aspiring car thief.

Little did he know how prophetic the name would be.

"I don't think I could've gotten it out of here that fast. And I owned it for two years," Schwartz said.

Last year, Schwartz bought a new trailer and named it 'Belle.' So, he put 'Eleanor' up for sale on Craigslist, parked it outside his industrial fastener business in Franklin and locked it up.

Then one morning, he got a call from his girlfriend.

"She said, 'Eleanor's missing,'" Schwartz said.

According to police records, surveillance video shows a white cube van pulling into the lot, backing up to the trailer, cutting the locks and hauling it away.

Schwartz says he was surprised to learn his trailer was found four miles from where it was stolen, six months later.

"We all thought it was probably in Arizona by now. Never occurred to us it could be four miles away," Schwartz said.

Six months later, Franklin police responded to a report of a disabled cube style truck with a camper trailer attached. The officer noticed a familiar name stenciled on the back.

"He sees the name 'Eleanor' and says, 'there can't be two in the world.' And he immediately calls for backup and goes in and arrests the gentleman," Schwartz said.

Daniel Berczyk allegedly showed police a fake bill of sale, claiming the trailer was his. But police say it was really Schwartz's trailer with some interesting modifications.

"They cut the axles off, took the box off the truck, made that into a trailer, and put the trailer on the truck and then licensed it as an RV using the VIN number from the truck," Schwartz said.

In other words, Schwartz said, "They took a beautiful trailer and made it into a piece of junk."

FOX6 Investigator Bryan Polcyn tried asking Berczyk about Eleanor in the hallway of the courthouse.

Bryan Polcyn:  "What about Eleanor? The trailer?"
Daniel Berczyk: "What about it?"
Polcyn:  "Did you steal it?"
Berczyk: "I'm not doing a interview and get away from me."

Berczyk doesn't want to do an interview now, but a few years ago, he actually thanked FOX6 News for putting him in prison.

"I'm sober today because of you," Berczyk said during a 2012 interview at his tattoo parlor on Janesville Road.

FOX6 first encountered Berczyk nine years ago at his parents' house in Muskego, an initially courteous interview that quickly escalated into shouts and threats.

"GET OFF MY PROPERTY!" Berczyk shouted back then.

At the time, Berczyk was operating a moving business, and using it to fence other people's property. After FOX6 dubbed him the 'Moving Menace' in 2008, Berczyk set off on a crack cocaine-fueled crime spree, breaking into cars all over southeastern Wisconsin. He fled the state, got picked up in Arizona, was extradited back to Wisconsin and sent to prison. When he got out, he opened a tattoo parlor and named it 'Menace Ink.'

"I believe that FOX 6 saved my life," Berczyk said in an interview after his release.

But in 2012, FOX6 found he was still doing moving jobs, hiding customers' property unless they agreed to pay enormous bills.

Now, he appears to be in the midst of another crime spree.

He is charged with stealing more than $1,000 worth of scrap metal in New Berlin, more than $3,000 in copper wire and power tools from Menards, and the $20,000 trailer from Randy Schwartz. Even though he hasn't been charged with this, police say the trailer Berczyk is accused of stealing was spotted on surveillance video pulling a $100,000 yacht that had also been stolen from a Milwaukee marina. Plus, search warrant records in Waukesha County show Berczyk is also suspected of stealing more than $2,500 in water heaters from an industrial parking lot in Butler.

If that's not enough, in September, Berzcyk was seen arguing with a woman at a Franklin gas station then forcing her out of the car as he pulled out of the lot. Police reports say the woman fell to the ground and injured her elbow.

In all, Berczyk is facing five new felonies and three misdemeanors in two counties. This time, he tried to claim he's not guilty by reason of mental disease.

Berczyk tried to argue that he should be found not guilty by reason of mental disease; however, a doctor who reviewed his mental health records said he was not incapacitated. The judge ruled Berczyk is competent to stand trial.

"He pretty much has to have something wrong with him," Schwartz said.

After reviewing a doctor's report, Judge William Pocan ruled there's no evidence that Berczyk lacks the capacity to tell right from wrong. The question is whether he cares.

"People seem to think they have these things coming," Schwartz said. "And apparently that's the type of gentleman this is."

It makes you wonder if he'll ever change his ways, or if he's a "menace" for life.

Now that his attempt to be declared mentally incapacitated has failed, Berczyk is expected to plead guilty to multiple felonies on November 18th. He remains a free man until then.

Since 2001, he's been in the state prison system seven times. His longest stay was two years in 2001 and another two years in 2009.

In all, he's spent five of the last 14 years in prison -- but when he's out, he's usually causing trouble.