Jason Kellogg and Lawrence Kellogg, Levine Kellogg Lehman Schneider and Grossman. Courtesy photos.

Father-and-son commercial litigation duo Lawrence Kellogg and Jason Kellogg of Levine Kellogg Schneider + Grossman in Miami are accustomed to word-of-mouth referrals.

But this one—from a former client from a lawsuit involving a failed savings and loan—came as a surprise.

"He came to me and he said, 'My brother has a problem. Somebody tried to kill him,' " Lawrence Kellogg said. " I was like, 'What?' "

It sounded implausible at first, but that conversation set in motion a journey of more than three years. The ending: a $17 million jury verdict in the Florida Keys against a former U.S. Coast Guard base commander, who had hired a hit man to kill his neighbor.

'Know anybody who would like to murder you?'

The case revolved around one day in 2012 when Marathon real estate developer Bruce Schmitt received the shock of his life.

"The FBI agent comes to him and says, 'Do you know anybody who would like to murder you?' " Lawrence Kellogg said. " And he says, 'Well, a guy by the name of Ralph Lucignano who is kind of a business rival, and we've been going at it.' And the FBI agent says, 'No, not him. Next guess?' "

It turned out a stranger named Dennis Zecca, suspected of smuggling drugs in the Florida Keys, had been caught on tape by the Drug Enforcement Administration ordering Schmitt's murder.

What followed seemed like a movie plot line.

Before long, Schmitt was lying in his backyard posing for a photo that the FBI would later doctor with fake blood. The plan was to make it appear that he'd been killed. But in reality, he had boarded a plane and left the country.

" They gave the photograph to the confidential informant, who took it to Zecca to prove that he'd killed Bruce Schmitt," Jason Kellogg said. "The next step was, 'Where's my money?' "

Redacted FBI transcripts showed Zecca said he'd get the money from an associate's " people," but that affiliate remained a mystery to Schmitt, until later—when Schmitt linked him to a business rivalry.

Zecca was arrested immediately after that conversation, before he could lead agents to the mystery person. He pleaded guilty to murder for hire and was sentenced to 10 years in prison, never revealing any co-conspirators.

Naming 'Ralph'

A tug-of-war ensued between Jason Kellogg, the FBI and the Department of Justice to obtain the unredacted transcripts and audio tape. After two years of persistence and a court order, Kellogg discovered the identity of the man who Zecca had said would pay for the hit.

The once-redacted portion now read, "Ralph's people."

One "Ralph" immediately sprang to Schmitt's mind and would later become a defendant in a civil lawsuit that Schmitt filed in Florida's Monroe County.

That man—Ralph Lucignano, owner of Marathon Liquors and Deli—had been in a long-running liquor licensing dispute with Schmitt. Their conflict had started when Schmitt announced plans to build a supermarket selling beer and wine near Lucignano's store.

Schmitt's wife also happened to be Lucignano's ex-girlfriend.

And one of Lucignano's homes is visible from the back window of Schmitt's house, according to the plaintiff's lawyers.

In the civil trial, Lucignano has repeatedly denied any knowledge of the crime, or any involvement in its planning. And law enforcement officials have never charged him in the criminal case.

'Complete aggravation'

Lucignano agreed to settle the case by paying $100,000, moving out of the neighborhood and paying Schmitt consideration when Lucignano's businesses and properties sell—potentially totaling about $1 million.

Defense attorney Joseph Klock of Rasco Klock in Coral Gables said settlement was better than years of litigation and appeals.

"My client's over 80 years old. This was a complete aggravation, and Mr. Schmitt will never go away. He's involved in business down there, and Mr. Lucignano didn't need the aggravation," Klock said. "Why would you pursue a case against (Zecca), a guy who's in prison, who has no money, who's not represented in court?"

Zecca's former lawyer—Orlando defense attorney Marc O'Mara of O'Mara Law Group— withdrew, and a court order barred Zecca from appearing in court.

This gave the plaintiff an advantage at the civil trial.

And Hugh Morgan, one of Lucignano's attorneys, alleged Schmitt had "a longstanding vendetta" against Lucignano over their mutual paramour.

"This is the third lawsuit that Bruce Schmitt has filed against Ralph," Morgan said.

Not about money

Meanwhile, Lucignano in his deposition insisted he and Zecca, the man captured on FBI surveillance, were acquaintances who had fallen out months before the crime.

But plaintiffs counsel Jason Kellogg said the case transformed after he obtained Lucignano's phone records. He said he confronted Lucignano with evidence that the businessman and Zecca had spoken the morning of Zecca's arrest.

"The blood just completely drained from his face," Jason Kellogg said. "I asked the next question, and he didn't hear me. He was literally staring off into space."

Jason Kellogg said Schmitt's case was about vindication, not money, as Schmitt had become a sort of pariah while the community rallied around Lucignano.

"He knows its very unlikely that he will ever collect a $17 million judgment against Dennis Zecca, but that wasn't the point of this," Jason Kellogg said. "The point was telling his story in front of his peers, and them saying, 'Bruce, we believe you. This happened.' "

The FBI was helpful after the initial transcript fight, according to the plaintiffs team. A now-retired agent walked jurors through the tape and expressed frustration at the DOJ's decision to drop the case without pursuing the co-conspirators identified as " Ralph's people."

The audio was "chilling" and "heavy," Lawrence Kellogg said.

It showed Zecca had wanted Schmitt killed during a Christmas party.

How to get punitive damages

For Larry Kellogg, an expert in contracts and securities fraud, it was the first time in an almost 40-year career he'd asked jurors for something as abstract as damages for post-traumatic stress disorder.

Voir dire revealed potential jurors weren't likely to award much money in damages, so he browsed personal-injury closing arguments to come up with some ideas.

"I told the jury, 'Ask yourselves, if you were applying for a job, and the job qualification was: You're going to have PTSD and no longer be able to work for several years, and maybe for the rest of your life, and you're not going to trust anybody anymore. What would you want to be paid?' " Lawrence Kellogg said.

The jury awarded $1.1 million for lost earnings, $1 million for pain and suffering, and $15 million in punitive damages.

" An old lawyer told me years ago, if you want to get punitive damages against somebody, you've got to get the jury rag-chewing mad," Lawrence Kellogg said. "And we did. Boy, they were mad."

Schmitt has obsessed over the event, according to his attorneys, who say he suffers from mood swings, trust and sleep issues, and a fear of crowds.

"It's been hell for him," Lawrence Kellogg said. "His wife said at one point, 'Dennis Zecca didn't murder my husband, but he tried to murder our relationship. He tried to murder our lives.' People keep saying, 'Just let it go,' and he can't do it."

When Zecca leaves prison, Jason and Lawrence Kellogg say they plan to use the judgment to claim a portion of his wages, or to trade it for "Zecca sitting down and finally telling the truth about what happened."

 

Case: Bruce Schmitt v. Ralph Lucignano et al

Case no.: 16-CA-000259-M

Description: Personal injury other

Filing date: Nov. 30, 2016

Verdict date: Jan. 28, 2020

Judge: Monroe Circuit Judge Mark Jones

Plaintiffs attorneys: Lawrence Kellogg and Jason Kellogg, Levine Kellogg Lehman Schneider + Grossman, Miami

Defense attorney: N/A

Verdict amount: $17.1 million

Read the verdict:

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