MASCAGNI LAW OFFICE
Practice areas: Criminal Defense (80%), Criminal Defense: White Collar (10%), Civil Rights/First Amendment (10%)
Industry Groups: Kentucky Association Criminal Defense Lawyers, Kentucky[KBA] And Louisville Bar Association, National Association Of Criminal Defense Lawyers
Education: J.D., University of Louisville Law School, 1976. State prosecutor 1977-1979. Entered into private practice concentrating on criminal law defense in state and federal courts, from DUI to death penalty jury trials. Martindale-Hubbell AV rating, 1984. Bar Register of Preeminent Lawyers, 1990. Speaker: criminal law, procedure and professional responsibility. 2005 KACDL Haddad Award: "Old school in the best sense -- a fearless advocate for his clients who always places their interests first and never wavers in their defense no matter the odds." Recognized for his "complete knowledge of the law, keen sense of strategy, effective negotiating skills, thorough and exhaustive trial preparation, excellent trial skills and unique style and persuasive way with juries." Selected as a TOP LAWYER in 2008 and 2009 in The Louisville Magazine, Louisville, KY in the CRIMINAL LAW section; Selected to be included in KENTUCKY SUPERLAWYERS publication 2008 [only 22/15,000 lawyers selected statewide in the area of CRIMINAL DEFENSE] and 2009 in the area of CRIMINAL LAW from over 16,000 attorneys barred with the Kentcky Bar Association.
Kentucky Super Lawyers 2008
About Frank Mascagni, III
Admitted: 1977, Kentucky
Honors and Awards: NATIONWIDE: Martindale-Hubbell AV rating: "A" signifies the highest level of legal ability, while the "V" denotes very high adherence to the professional standards of conduct, ethics, reliability and diligence. Honored to receive this rating since 1984., Martindale-Hubbell AV Rating, Martindale-Hubbell, 2009, NATIONAL RECOGNITION: Selected to be included in The Bar Register of Preeminent Lawyers in the area of Criminal Law based on AV rating with Martindale-Hubbell. 1990-present., Bar Register of Preeminent Lawyers, Martindale-Hubbell, 2009, STATEWIDE: 2-18-2009 notified of reception of 2008 Continuing Legal Education Award by the Kentucky Bar Association., Kentucky Bar Association, 2009, STATEWIDE: notified on 2-21-2009 by the Kentucky Bar Association from the Kentucky Volunteer Lawyer Program of the report of lawyers reporting fifty(50) hours of donated legal services in 2008., DONATED LEGAL SERVICES, KENTUCKY BAR ASSOCIATION, 2009, LOCAL RECOGNITION: March, 2009 edition of Louisville Magazine, Louisville, Kentucky: attorney Frank Mascagni, III selected as a TOP LAWYER in the areas of CRIMINAL LAW and CONSTITUTIONAL LAW in the Greater Louisville Metro Area containing over 4,000 Kentucky Bar Association members., TOP LAWYERS IN LOUISVILLE, KY, LOUISVILLE MAGAZINE MARCH, 2009 PUBLICATION, 2009, LOCAL RECOGNITION: Selected as a Louisville, KY "Top Lawyer" in the areas of CRIMINAL LAW and GENERAL PRACTICE in Louisville, KY;, March 2008;selected by being in Martindale-Hubbell with an AV rating from pool of over 4,000 lawyers in Louisville/Jefferson County, KY., Top Lawyers, Louisville Magazine, 2008, STATEWIDE RECOGNITION: Selected to be included in the 2008 Kentucky Super Lawyer publication in August, 2008 . Attorney Mascagni selected in the professional area of CRIMINAL LAW. According to the publisher, less than 5% of over 15,000 lawyers admitted to the Kentucky Bar Association in 2008 were honored with being selected to be listed in the 2008 edition of "Kentucky Super Lawyers" statewide. Publication of Law and Politics. August, 2008. Published in Kentucky Monthly magazine, August, 2008, by Vested Interest Publications,Frankfort, KY., Kentucky Super Lawyers, Law and Politics, 2008, STATEWIDE RECOGNITION: Haddad Award presented by the Kentucky Association of Criminal Defense Lawyers; Statewide organization-oldest and most prestigious annual award presented to a criminal law defense attorney; November 18, 2005 for leading successful legal defense in 105 co-defendant criminal syndicate state court cases involving allegations into the massage parlor businesses [ largest syndicate indictment in Ky history] and successful pre-trial supression motion excluding evidence from federal wire taps upheld by the 6th Circuit Court of Appeals; evidence from over 7,000 federal wire taps suppressed at the trial level and ruling affirmed on appeal., Haddad Award, Kentucky Association of Criminal Defense Lawyers, 2005, STATEWIDE:Honored by the Kentucky Bar Association in 2000-2004 for donated legal services provided to the public., DONATED LEGAL SERVICES AWARD, KENTUCKY BAR ASSOCIATION, 2004, NATIONAL : Selected as an "Outstanding Lawyer in America"., Outstanding Lawyers of America Award, Outstanding Lawyers of America, 2003, LOCAL : Assisted in fund raising activities for The Legal Aid Society of Louisville, Inc., The Legal Aid Society Leadership Cabinet Campaign for Justice, The Legal Aid Society, 2003, LOCAL, Louisville Bar Association Pro Bono Service Award, Louisville Bar Association, 2001, COMMONWEALTH OF KENTUCKY:, Kentucky Bar Association Donated Legal Services Recognition Award, Kentucky Bar Association, 1999, COMMONWEALTH OF KENTUCKY :, Kentucky Bar Association Continuing Legal Education Award, Kentucky Bar Association, 1994, COMMONWEALTH OF KENTUCKY :, Kentucky Bar Association Pro Bono Service Award, Kentucky Bar Association, 1994, FEDERAL JURISDICTIONS OF KENTUCKY :, 4th and 6th Federal Circuit Delegate: Federal Sentencing Seminar, Selected by the federal judges in the Western District of Kentucky at Louisville, 1993, LOCAL :, Louisville Bar Association Distinguished Service Award, Louisville Bar Association, 1981, LOCAL : 1981-1982., Chairman, Criminal Practice Committee, Louisville Bar Association, 1981, LOCAL : Award presented for work performed by the Mayor of Buechel, KY for legal services performed for the City., City of Buechel Mayor's Award
Special Licenses/Certifications: COMMONWEALTH OF KENTUCKY: Testified as an expert witness in Kentucky state Circuit and District Courts in the testimonial areas of criminal law and procedure and professional responsibility [there is no license nor certificate in this area in Kentucky, testimony only allowed when approved by the presiding trial judge]., 1990
Bar/Professional Activity: Kentucky Association of Criminal Defense Lawyers [KACDL ]; Vice President 2005; Director at Large 2006, life time member; Director-at-large 2009, 2009, KBA-Criminal Law Section, 2009, Kentucky Association of Criminal Defense Lawyers (KACDL) Board of Directors 2006,life time member, 2009, Louisville Bar Association-member of the Criminal Law Section.1977-2009, 2009, Kentucky Bar Association-New Lawyers Program; 1-16-2009, Covington, KY; Presenter-Ethics from the prosecution and defense perspectives., 2009, Admitted to the Southern District of Indiana, 2008, April 29, 2008 PRESS RELEASE: Secretary of the Justice and Public Safety Cabinet, the Honorable J. Michael Brown, was appointed by Kentucky Governor Steve Beshear in 2007. He issued a press release on April 29, 2008 creating 5 committees to review specific issues that impact incarceration rates. One of the committees, 218A, was charged with a review of the controlled substance statutes for uniformity, proposed changes, and the advisability of controlled substance statues becoming part of the penal code. Frank Mascagni, III has been selected as a member of the committee by Chair, Greg Howard, Commissioner of Kentucky Vehicle Enforcement [now chaired by Judge Gregory Bartlett]; recommendations are due to the Governor by 12-1-08. May, 2008. Recommendations being considered by the Kentucky General Assembly 2009. When the 2009 Legislative Session ended the following Senate Bills Passed as of 3/27/09: SB 4/CI (BR 331) INTENSIVE SUBSTANCE ABUSE TREATMENT AS A CONDITION OF PRETRIAL DIVERSION AND PRETRIAL RELEASE: PASSED; SJR 12 (BR 199) JOINT COMMITTEE OF JUDICIARY TO STUDY AND REFORM THE KENTUCKY PENAL CODE: PASSED;, 2008, 6-30-2008 PRESS RELEASE: lawsuit filed in Franklin Circuit Court, Frankfort, KY, by The Dept. of Public Advocacy, the Louisville and Jefferson County Public Defender Corp., attorney Frank Mascagni, III and his client, John Doe, seeking a declaratory judgment one day before implementation of plans to reduce P.D. services in all Kentucky courts based on legislative budget cuts. Named party defendants are: Todd Hollenbach IV, KY state Treasurer; Jonathan Miller, KY Secretary of Finance; David L. Williams, President of KY Senate; Jody Richards, Speaker of the House. Civil Action No. 08-CI-1094, Division II. Hearing scheduled in Circuit Court in March, 2009. Appeal to the Kentucky Supreme Court for final resolution., 2008, November 7, 2008: KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS [KACDL] Annual Seminar. I was honored to co-sponsor this event and be responsible for assembling the 700 page written seminar materials as a member of the Ad Hoc Seminar Committee featuring Prof. Jonathan Turley of The George Washington University School of Law and John Wesley Hall, Jr., President of the National Association of Criminal Defense Lawyers [NACDL]. All day legal seminar addressing topics for the criminal defense advocate in federal and state courts. Presenters included KENTUCKY SUPREME COURT Chief Justice John Minton,KENTUCKY COURT OF APPEALS Chief Judge Sara Combs and FEDERAL COURT, WESTERN DISTRICT OF KENTUCKY Chief Judge John Heyburn. Evaluations after the all day seminar ranked as one of/or the best criminal law defense seminar ever presented., 2008, National Association of Criminal Defense Lawyers,(NACDL), 2008,2009, 2006, American Bar Association former member, 2005, The Association of Trial Lawyers of America(ATLA) former member, 2005, Louisville Bar Foundation, Inc. Fellow, 2003, Kentucky Academy of Justice former member and seminar presenter., 1998, Eastern District of Kentucky, 1983, Sixth Circuit Court of Appeals, 1983, Louisville Bar Association Board of Directors, 1981, Louisville Bar Association, Chairman of the Criminal Practice Committee [1981-1982]., 1981, Louisville Bar Association Professional Responsibility Committee, 1979, Western District of Kentucky, 1978, Louisville Bar Association, Criminal Practice Committee, 1977, Kentucky Supreme Court, 1977, National District Attorney's Association-1977- former member., 1977, Kentucky Bar Association, 1977, Kentucky Court of Appeals, 1977, Kentucky Circuit and District Courts, 1977, Federal Bar Association former member and seminar presenter, Kentucky Association of Trial Attorneys (KATA) former member and seminar presenter.
Pro bono/Community Service: Legal Aid Society of Louisville, Inc. providing free legal service to clients in Jefferson District Court for criminal expungement petitions, 2008-2009., 2009, Moot Court Judge for first year law students at the University of Louisville School of Law; March 28, 2009 at the Jefferson Hall of Justice, Louisville, KY, 2009, Member of the Men's Auxiliary to the Veterans of Foreign Wars of the United States, Post 3281. Volunteer 2009., 2009, CITIZENS FOR BETTER JUDGES; 1983-2009- organization of local lawyers gather each political election year where state judges are on the ballot. Currently 27 attorneys and citizens review board to interview and evaluate candidates and endorse the most qualified candidate on the ballot. Each member serves a three year term. Endorse in judicial races in Jefferson District, Circuit, and Family Courts; Kentucky Court of Appeals and Kentucky Supreme Court. Attorney Mascagni's term terminates 1-1-2009., 2009, ITT Technical Institute: guess speaker to the School of Criminal Justice class. The Practice Of Criminal Law. Instructor: Hon. Dondra Meredith 4-14-2009. Views on the criminal law practice and procedure; on judges, police officers, prosecutors, juries, clients, criminal defense attorneys in the real world., 2009, The Louisville Bar Association in it's monthly publication of BAR BRIEFS, June, 2009, featured a article on MASCAGNI LAW OFFICE with the addition of a 2009 Louisville Gallopalooza horse, (http://www.gallopooza.com/) being placed in the front of the law office in time for the 2009 Kentuck Derby events. It is one of approximately 130 horses placed throughout the city. It is the only one featuring legal images of the U.S. Supreme Court building, a criminal law book, the scales of justice, a gavel, Themis ( blind lady justice), a Not Guilty verdict form, etc. It is a welcome addition across the street from the two courthouses downtown at 7th and Jefferson Streets. People passing on the sidewalk stop to look, admire and take photos. Two local artists were commissioned and the $4500.00 fee went to the artists, cost of the horse, base and plaque and to the City of Louisville Operation Brightside. www.loubar.org/publications.cfm June, 2009, 2009, Bellarmine University Mock Trial Regional Competion Presiding Judge, Jefferson Hall Of Justice, Louisville, KY Feb. 2008, 2008, Louis D. Brandeis School of Law Moot Court Judge, March 29, 2008-judging oral arguments of first year law school students; Hall of Justice, Louisville, KY., 2008, Louisville Bar Association-Leadership Academy presenter/panel member; August 15, 2008-address to members of the bar selected to the leadership academy; Pro Bono Opportunties., 2008, Legal Aid Society Justice for All Campaign Committee: to assist with fund raising activites to provide needed funding for the clients served by the Legal Aid Society, Inc. of Louisville, KY. 2008., 2008, PRESS RELEASE 12-12-2008 LOUISVILLE, KY: Local attorney, Frank Mascagni, III donned a Santa suit and brought an old-fashioned party to the homeless mothers and children at Wayside Christian Mission's 822 East Market Street location. Santa came bearing candy, pasteries, cookies, fruit, pudding and drinks and gifts for all the children. Each child also received a $2.00 bill as a special treat. Mr. Mascagni engaged a professional photographer to take a holiday picture of each child on Santa's lap. The party provided a good holiday memory for the families who will be spending their Christmas in the shelter. Nina Moseley, Director. website: http://www.waysidechristianmission.org/; What's New page., 2008, Mascagni Law office sponsored a girl's basketball game on 12-30-2008 at Saint Francis of Assisi gym in Louisville, KY. The teams were: Our Lady of Lourdes bearcats vs. Saint Francis of Assisi cougars: 3rd and 4th graders. Mr. Mascagni produced color programs and refereed the game with Barbara Peak. After the game pizzas were donated to the players, parents and coaching staffs. A good time was had by all., 2008, Author and Lecturer: Louisville, KY; Destin, FL; Covington, KY and Las Vegas, NV[1978-2008]: Presentations made to US Department of Justice, US Attorneys Office, Western District of Kentucky at Louisville, KBA, University of Louisville School of Law, Louisville Bar Foundation, LBA, Continuing Legal Education, Federal Bar Association, Kentucky Association of Trial Attorneys, Kentucky Academy of Justice, Kentucky Association of Criminal Defense Lawyers, Northern Kentucky Bar Association, National Business Institute; Kentucky Prosecutors Annual Conference, Lorman Educational Services,, 1977, Jefferson County Teen Court Judge; University of Louisville School of Law Moot Court Judge, Moot Court Judge, Louis D. Brandeis School of Law; Moot Court Judge for competion sponsored by Bellarmine University, 2008; Jefferson County Judges Task Force on Jail Overcrowding; Jefferson County Judges Task Force on DUI; Jefferson County Crime Commission Member; Citizens for Better Judges [legal organization interviewing local candidates for judical races-Kentucky District, Circuit, Court of Appeals and Supreme Court; federal judges, Western District of Kentucky, Louisville, KY; meeting with local citizens for imput & publication of our recommendations-for 25 + years]; High School Guest Speaker on Criminal Law and Search and Seizure: Central High School, St. Xavier High School, Sacred Heart High School and Assumption High School; Law Day Speaker (Jefferson County Board of Education); St. Matthews Youth Basketball Coach, Ascension Elementary School Basketball Coach, St. Xavier High School Intramural Basketball Coach, Youth All-Star Coach, AAU Basketball Coach; Italian American Association member and served on the Board of Directors 2007; volunteer- Festa Italiana [2005-2007]., Louisville Bar Association/KATA Program: People's Law: Adult Education Program-speaker/presenter., KATA "Trial by Jury" presentation at the Kentucky State Fair, Louisville, KY, mock jury trial presented to the public, presenter.
Scholarly Lectures and Writings: Speaker addressing new lawyers at THE NEW LAWYER PROGRAM in Covington, KY; ETHICS FROM THE PROSECUTORS AND DEFENSE PERSPECTIVES. Frank Mascagni, III for the defense bar and Jim Lesousky, AUSA for the prosecution. January 15, 2009., SPEAKER, KENTUCKY BAR ASSOCIATION NEW LAWYERS PROGRAM, 2009, Speaker/Panel Member, The Practice of Criminal Law , The National Black Law Students Association-University Of Louisville School Of Law, 2008, Speaker/Presenter: Trial Techniques For Effective Litigation; June 13, 2008; Speaker:Enhance Your Mastery Of The Verbal And Non-Verbal Communication In The Courtroom; Ethical Considerations; Louisville, KY; National Business Institute., speaker, 2008, 10-29-2008: Covington, KY - Speaker to the 2008 Commonwealth of Kentucky Circuit Court Judges College; Topic; Kentucky Revised Statutes 218A :on state drug laws and work on the Governor's Task Force on jail overcrowding to review and make recommendations to the Cabinet., Speaker, 2008 KENTUCKY CIRCUIT JUDGES COLLEGE, 2008, Louisville Bar Association-Leadership Program; panel speaker to young lawyers; 2007, speaker, 2007, Speaker/Presenter: Direct and Cross Examination, Author/Lecturer, The Criminal Defense Trial From Start to Finish, 2006, Author/Lecturer, Ethical Issues for the Honest Defense Attorney, 2006, [2006-2008], Speaker, Leadership Academy Program-Louisville Bar Association, 2006, Class Speaker, U of L School of Law Trial Practice , 2004, Author/Lecturer, Criminal Defense/DUI, 2003, Author/Lecturer, Defense Strategies and Ethics, 2002, Author/Lecturer, Strategies in Handling DUI Cases, 2002, Class Speaker, U of L School of Law Criminal Procedure, 2002, Author/Lecturer, Avoiding Bar Complaints: Ethical Issues in Criminal Law for Defense and Prosecution, 2001, Author/Lecturer, Ethical Considerations in the Practice of Criminal Law, 2000, Author/Lecturer, Ethical Issues for the Criminal Law Practitioner, 2000, Author/Lecturer, Practical Aspects of Criminal Law, 2000, Author/Lecturer, Diogenes' Search Continues, 2000, Author/Lecturer, Criminal Law in Kentucky, 2000, Author/Lecturer, Ethical Dilemmas in Handling Criminal Cases, 2000, Author/Lecturer, Legal Ethics, 1997, Author/Lecturer, Bench, Badge and Bar, 1996, Author/Lecturer, How to Find the Courthouse, Louisville Bar Association, 1994, Author/Lecturer, Ethics, 1993, Author/Lecturer, Ethics: Our Continuing Obligation, 1993, Author/Lecturer, Ethics in Criminal Practice, 1993, Author/Speaker, Diogenes: In Search of an Honest Man, 1992, Author/Lecturer, It is Easier to Prevent Ill Habits Than to Break Them, 1992, Author/Lecturer, Ethics, 1992, Author/Lecturer, Common Pitfalls in the Practice of Law, 1990, Author/Lecturer, Practical and Ethical Considerations, 1989, Only criminal defense attorney speaking at the annual prosecutors conference on ethics/professional responsibility., Speaker, Kentucky Prosecutors Annual Conference , Guess Speaker, University of Louisville-Business Law course, Speaker to Kentucky Bar Association Annual Convention, Louisville, KY: ethics and professional responsibility.
Verdicts and Settlements: KENTUCKY TRIAL COURT: 1-30-2009: Began defense of Commonwealth of Kentucky vs. Francois Cunningham, Case Number 05-CR-003713; a 2005 indictment charging 2 counts of murder, arson, tampering with physical evidence and persistent felony offender in the second degree; prosecutors are seeking the death penalty.Defendant charged with shooting and burning two individuals and their vehicle. Individual voir dire to finish 2-5-09 and final jury selection to be completed 2-6-09; prosecutor's proof to begin 2-9-09; case expected to continue 2-3 more weeks. Judge Irv Maze, Jefferson Circuit Court, Division 10, Louisville, Jefferson County, KY. Closing arguments scheduled for 2-23-09. Jury verdict after 18 hours: Hung. Defense motion for a mistrial granted after "Allen charge". Mistrial declared late 2-24-2009 by trial judge.Post mistrial discussions with excused jury:the vote was: 3-NOT guilty;1 guilty and 8 undecided. Five calender week trial: January 30,2009-February 24, 2009; approximately 40 witnesses called and 212 marked exhibits; approximately 1500 pages of discovery filed., 2009, KENTUCKY SUPREME COURT [ FIRST AMENDMENT CIVIL APPEAL] : 2-13-2009 10:00 a.m. : Oral Arguments before the Kentucky Supreme Court: Blue Movies, Inc., et. al. V. Louisville/Jefferson County Metro Government; 2007-SC-812-DG; First Amendment, Adult Entertainment; Twenty-First Amendment; Appeal from Jefferson Circuit Court, Louisville, Jefferson County, KY; Frank Mascagni, III co-counsel for some of the Movants. Opinion forthcoming in a few months., 2009, KENTUCKY TRIAL COURT: May 12, 2009: Commonwealth of Kentucky vs. Robert Keesaer, et al, Case Number 07-CR-003687-001;Jefferson Circuit Court,Division 8: 4 felony counts of Receiving Stolen Property over $300.00 [class D felony 1-5 years per count] dismissed on the day the jury trial was scheduled. Judge McKay Chauvin, Frank Mascagni III counsel for the Defendant., 2009, COMMONWEALTH OF KENTUCKY STATE COURT: 7-6-09: Commonwealth of Ky vs. LaJuan L. Vaughn, et. al., Jefferson Circuit Court, Division 11, Judge Geoff P. Morris: Mascagni served as counsel pursuant to the Assigned Counsel Plan of the local Public Defenders Office; client charged with Murder-death penalty [ death, life, life without parole, life without parole for 25 years,a term of years 20-50 years]; Attempted Murder ( 2 counts), Robbery I (3 counts) and Assault I ( 2 counts) along with 2 co-defendants. Case settled 4 days before jury selection for a total of 20 years to serve pursuant to a plea agreement to 6 counts. 3 young men were shot with a handgun, one died and 2 injured. Mark Baker, Assistant Commonwealth's Attorney was one of the state's prosecutors. Sam Manly acted as co-counsel for defendant Vaughn., 2009, KENTUCKY STATE TRIAL COURTS: Attorney Mascagni has defended 4 death penalty charged homicide cases in the last 12 months: Commonwealth vs. Alvin Griffin, 05-CR-03651 [settled for 10 years]; Commonwealth vs. Cunningham, 05-CR-003713,tried in 2009, hung, new trial in 2010; Commonwealth vs. Vaughn, 08-CR-001443 [settled for 20 years] and Commonwealth vs. Vallentine, 03-CR-001746, pending; 2 settled for a term of years, one tried (jury hung) and one pending another competency hearing set for 7-17-2009, where death has been removed as a penalty.2008-2009., 2009, KENTUCKY TRIAL COURT : Commonwealth of Kentucky vs. Pizzonia, Todd & Williams, Jefferson Circuit Court Case No. 07-CR-003364, 2007 Indictment-19 counts of Theft By Unlawful Taking and Receiving Stolen Property [Class D Felonies: 1-5 years per count]; set for Jury Trial 6-24-08-pre trial motions to exclude evidence resulted in a dismissal of all counts against Mascagni's clients with prejudice the day of trial. Judge Barry Willett, Circuit Court, Div. 1., 2008, KENTUCKY TRIAL COURT [ CIVIL] : Roth Engineering vs. Kellogg, et.al.: Jefferson Circuit and Western District of KY at Louisville; Plaintiff's lawsuit seeking monetary damages for work performed resulted in a settlement of 6 figures for the Plaintiff who was represented by Attorney Mascagni. Judge Irv Maze, Jefferson Circuit and removal federal judge, Charles Simpson. October, 2008., 2008, KENTUCKY TRIAL COURT : Commonwealth of KY vs. Jack Sullivan, Indictments numbered 05-CR-002583 and 06-CR-00630, all felony charges dismissed by court order dated 12-23-08 by Circuit Court Judge Mary Shaw. Defendant was charged with felony charges stemming from home improvements; by agreement, both Indictments were dismissed. Attorney Mascagni represented the defendant., 2008, 6TH CIRCUIT COURT OF APPEALS, CINCINNATI, OHIO [USA APPEAL FROM THE WESTERN DISTRICT OF KENTUCKY] : United States of America v. Reginald Shantez Rice, et al, United States Court of Appeals for the Sixth Circuit, Case No. 06-5245; 478 F.3d 704 (6th Cir., 2007): defendant's lower Court motion to suppress evidence granted by the trial judge, Hon. Thomas Russell in the Western District of KY at Louisville, KY; the United States appealed and the Sixth Circuit Court of Appeals affirmed the suppression of evidence of wire tapped conversations and seized drugs; this litigation represents the first time in this jurisdiction that evidence from a federal wiretap was suppressed. Attorney Mascagni represented Marshall Thomas Evans, one of 13 co-defendants., 2007, KENTUCKY SUPREME COURT : Meghoo v. Commonwealth of Kentucky; 2004-SC-1042-DG; 2005-SC-683-DG; Oral argument by Attorney Mascagni before the Kentucky Supreme Court on December 12, 2007 challenging the detention, search and seizure of a tractor trailer containing marijuana by a VEO at a truck stop. Case prosecuted in Hardin Circuit Court in Elizabethtown, KY. Conditional plea entered on the second day of jury trial, to seek appeal of trial issues. Opinion rendered 2008., 2007, KENTUCKY TRIAL COURT : Commonwealth of Kentucky v. Yin Aan, et al; Indictment No. 04-CR-3522:Presiding Circuit Court Judge-Thomas Wine: successful defense of massage parlor cases involving 105 co-defendants charged with Criminal Syndication (2004-2005); (largest criminal syndication indictment in Kentucky history); Mascagni's lead clients case dismissed pre-trial;covered nationally-Geraldo At Large, Feb. 2006. SEE VIDEO BELOW., 2005, KENTUCKY TRIAL COURT : 4-day jury trial acquittal; Commonwealth vs. Wha, 04-CR-3534; Judge Ken Conliffe, client charged with Tampering with Physical Evidence and Complicity to Promoting Prostitution ;all charges-not guilty. Prosecuted by the Commonwealth Attorney's Office in Jefferson Circuit Court., 2005, KENTUCKY TRIAL COURT : Commonwealth of Kentucky vs. Ferdinand Radolovich, Jefferson Circuit Court Case No. 03-CR-001887; Presiding Circuit Court Judge James M. Shake; State felony charge of Perjury-1st Degree dismissed against local attorney, after several years [2003-2007] of pre-trial motion practice and hearings., 2003, KENTUCKY TRIAL COURT : 3-day jury trial acquittal; Commonwealth v. Smith; 02-CR-000043;Jefferson Circuit Court jury trial; client charged with Possession of a Controlled Substance (cocaine) and Persistent Felony Offender in the First Degree; jury trial verdict-not guilty on all charges.Judge Ann Shake., 2003, FEDERAL COURT, WESTERN DISTRICT OF KENTUCKY AND 6TH CIRCUIT COURT OF APPEALS, CINCINNATI, OHIO : Kentucky Restaurant Concepts, Inc., et al v. The City of Louisville, Jefferson County, Kentucky, et al 209 F.Supp. 2d 672 (W.D. Ky. 2002); adult entertainment businesses sought enforcement injunction of local ordinance successfully; 3-day hearing before Federal Judge Heyburn 2001; awarded prevailing Petitioner's attorney fees of over $140,000.00, 2002, KENTUCKY SUPREME COURT : Commonwealth of Kentucky vs. Meeks, et. al., Jefferson Circuit Court Case No. 01-CR-000584, -5-week jury trial in Jefferson Circuit Court where the Commonwealth was seeking the death penalty against Peak, Meeks and Bearden resulted in a verdict of a non-death penalty sentence. Jury trial presided over by Judge Thomas Knopf, client was found guilty of felony [non-capital] Wanton Murder., 2002, KENTUCKY TRIAL COURT [DISTRICT] bench trial acquittal of client charged with DUI-1st Offense; District Court Judge Toni Stringer., 2002, KENTUCKY SUPREME COURT [ CIVIL APPEAL FROM KENTUCKY TRIAL COURT] : Rudolph vs, Adams, et. al., Jefferson Circuit Court Case No. 95-CI-000203, Attorney Mascagni's client was awarded a civil judgment of $313,050.00, opinion by trial Judge Ken Corey;+ interest 1997-2001 [$492,588.00] affirmed by the Kentucky Court of Appeals; August 10, 2001; Attorney Mascagni represented the Petitioner, Rudolph, in a cvil lawsuit following dismissal of his criminal charges;Ky Supreme Court declined to accept review-judgment stands for civil plaintiff., 2001, KENTUCKY TRIAL COURT : Commonwealth of Kentucky v. Connie Runner, Jefferson Circuit Court Case No. 99-CR-001660; 9-day jury trial acquittal of local attorney charged with bribing a policeman in a DUI case (2000); Judge Tom McDonald, verdict of not guilty on all submitted counts. Jefferson Circuit Court; prosecuted by the Commonwealth of KY Attorney General's Office., 2000, KENTUCKY TRIAL COURT [ DISTRICT] : Commonwealth vs. Casey-Jefferson District Court charges alleging Kentucky Derby ticket scalping dismissed against Maryland horse trainer. Received alot of news coverage locally; charges dismissed twice, October 25,1999 by Judge William Ryan, Jr.; charges reinstated, then dismissed again on February 21, 2000 by Judge Sean Delahanty, Jefferson District Court. Tickets traced to the Governor's Office, Governor Paul Patton., 2000, KENTUCKY TRIAL COURT : Commonwealth v. Sanford; Case No. 98-CR-001842;Jefferson Circuit Court; charges of Bribery of a Public Servant, Theft by Extortion and Tampering with Public records dismissed after jury was selected and in the box & prosecutor putting on his case in chief; Judge Geoff P. Morris. Commonwealth sought relief at the KY Court of Appeals and removal attempt to federal court while jury trial was in progress. All charges dismissed in the state case., 1999, KENTUCKY TRIAL COURT [ CIVIL] : Lawrence Glaser v. Phillip Miller; Jefferson Circuit Court Case No. 96-CI-002253; Civil jury trial seeking damages by a police officer[Plaintiff] vs. P. Miller [Defendant]for injuries alleged to have been suffered during the arrest of the defendant; Jefferson Circuit Court; Judge Ernie Jasmin; jury verdict for Mascagni's client, Mr Miller, the civil defendant; Plaintiff [the civil plaintiff]awarded $0.00; successful civil defense, attorney Mascagni represented the prevailing party in the cvil case., 1996, KENTUCKY SUPREME COURT : Abernathy v. Nicholson Ky., 899 S.W.2d 85 (1995); Supreme Court of Kentucky case; Case originated in Jefferson District court and was appealed to the Ky Supreme Court on a challenge to the powers of the district court judge.Attorney Mascagni represented the Respondent judge, Judge James Nicholson., 1995, KENTUCKY TRIAL COURT : July 22, 1992: Commonwealth of Kentucky vs. Elmore George, III, Jefferson Circuit Court, Presiding Judge: Thomas B. Wine; Indictment Number 92-CR-000604; assigned prosecutor: Hon. Bill Adams; Client charged with Trafficking in a Controlled Substance, Cocaine, a Class C felony carrying 5-10 years in the penitentiary; the second charge was Possession of Drug Paraphernalia 1st degree; pretrial motions before jury was seated resulted in the Trial Court sustaining Attorney Mascagni's Motion to Dismiss the charges on the day of jury trial., 1992, FEDERAL COURT, WESTERN DISTRICT OF KENTUCKY : United States of America vs. Charles Ray Bookout, United States District Court Western District of Kentucky at Louisville; Indictment No. 3:91-CR-5; two-week jury trial; client charged with Conspiracy to Make False Statements; False Statements to Firearms Dealer; 18 U.S.C. 1001; Obstruction of US in Service of Legal Writ or Process; AUSA Cleve Gambill; jury verdict June 7, 1991; presiding federal judge Eugene Seiller; Not Guilty on all counts., 1991, KENTUCKY COURT OF APPEALS : Civil Action: Marie Smith, plaintiff, personal injury[auto accident] jury trial in Jefferson Circuit Court;Attorney Mascagni represented the injured plaintiff for money damages;multiple day jury verdict for plaintiff- over $300,000.00 recommended by the jury. Attorney Mascagni represented the plaintiff, Smith. Jury trial verdict for Plaintiff; tried the case by jury, before Judge Joe Leibson. Counsel for the insurance-Wayne J. Carroll;other counsel: Susan Phillips and Rick Schulten., 1990, KENTUCKY TRIAL COURT [ DISTRICT] : Commonwealth of Kentucky vs. Kreig, Jefferson District Court; 3 day jury trial; jury verdict of not guilty on charge of DUI., 1990, KENTUCKY TRIAL COURT : Commonwealth of Kentucky vs. Estelle Dunkerson, 87-CR-000603;Jefferson Circuit Court; Judge Richard A. Revell; Jury trial, client charged with capital murder [ death, life or 20 years to life]. Prosecutor putting on her case in chief, defense motions, then a recess; plea negotiations, then settled for a reduced charge of Manslaughter II, client receiving a 5 year probated sentence on 10-10-1988. Client charged with stabbing her man to death with a butcher knife., 1987, KENTUCKY TRIAL COURT : Commonwealth of Kentucky vs. Jerry Rankin, Jefferson Circuit Court Case No. 78-CR-000180; presiding Circuit Court Judge Richard A. Revell; defendant charged with four counts of Trafficking in a Controlled Substance, Class C felonies (5-10 years to serve); 2-3 day jury trial: Frank Mascagni prosecuting attorney; defense attorney Tim McCall; jury verdict: Guilty on all counts and recommended a 5-year sentence, 1978, KENTUCKY SUPREME COURT Decisions: 1990-SC-000267; 1994-SC-000635; 1994-SC-000919; 1995-SC-000367; 1997-SC-000060; 1998-SC-000962; 1999-SC-000849; 2000-SC-000570; 2001-SC-000216; 2001-SC-000350; 2001-SC-000594; 2001-SC-000717; 2004-SC-001042; 2005-SC-000090 and 2005-SC-000683; 2007-SC-812-DG., KENTUCKY COURT OF APPEALS Decisions: 1998-CA-000406; 1999-CA-001968; 2003-CA-001074; 2003-CA-001356; 2003-CA-001432; 2005-CA-000085; 2005-CA-001380 and 2005-CA-001800.
Representative Clients: Private Practitioner: Criminal defense law state and federal Courts;defending clients charged with criminal offenses from traffic violations to DUI; drug charges, assault, theft, robbery, murder, etc. to capital punishment death penalty crimes. Admitted to practice in 1977; entered private practice in 1979., 1979, Prosecuting Attorney: Assistant Commonwealth's Attorney for the 30th Judicial District prosecuting felony white collar crimes and career offenders. Graduated from law school in 1976 and began working with the state district attorneys office in 1976. Appointed by the Hon. David Armstrong. As an prosecutor in the White Collar Unit with the Hon. Scott T. Wendelsdorf, and Career Criminal Unit with the Hon. Geoffrey P. Morris. Litigator in Circuit Court, felony jury trials. Left public service in 1979., 1976
Video: National television story covered by Geraldo Rivera aired in February, 2006, dealing with Kentucky's largest criminal syndication case (105 co-defendants) alleging a syndicate promoting massage parlor prostitution in Louisville, KY. Indicted charges were Class B felonies (10-20 years in the penitentiary); attorney Mascagni was lead counsel and all charges were either dismissed or amended to low level misdemeanors with no defendant serving either jail nor a penitentiary sentence. To see the broadcast, click this link : http://www.youtube.com/watch?v=xXHywOsreH4, Geraldo at Large
Educational Background: 1963-1967-St. Joseph High School, Greenville, MS;1967-1972-Christian Brothers College, Memphis, TN;1974-1976-University of Louisville School of Law, Louisville, KY
Please Call: (502) 583-2831