Massino's trial began on May 24, 2004, with judge Nicholas Garaufis presiding and Greg D. Andres and Robert Henoch heading the prosecution. He now faced 11 RICO counts for seven murders (due to the prospect of prosecutors seeking the death penalty for the Sciascia murder, that case was severed to be tried separately), arson, extortion, loansharking, illegal gambling, and money laundering. By this time, "Time" magazine had dubbed Massino as "the Last Don", in reference to his status as the only New York boss not serving a prison sentence at that point. The name stuck.