A man convicted in Rutherford County on two counts of Solicitation of Sexual Exploitation, Solicitation of Sexual Exploitation of a Minor under the age of 13 and three counts of Indecent Exposure has asked the Court of Criminal Appeals of Tennessee for a new trial.

Mario Frederick argues that there was not enough evidence to support his convictions and that his cases should have been separated. Frederick was charged in December of 2014 and later convicted in 2015. Evidently, the charges against the subject involved several victims and different dates.

In court, a 27 year old victim testified that Frederick pulled up next to her in a Smyrna parking lot and started masturbating. The woman told the courts that she "could see him just as plain as day." The man even got out of his SUV while continuing his behavior, according to court documents.

A 21 year old reported that she was grocery shopping with her 2 year old daughter in a Smyrna Kroger Store when she came in contact with Frederick while exiting the store. The woman said that after she put her daughter in her cars eat she saw the man standing in front of her vehicle with his pants down and masturbating.

Two 16 year old's in Smyrna told authorities that they were sitting in a store parking lot waiting for their mother when the same man as described in other incidents parked near them while staring. The man then opened the door of his SUV so that the two teens could see that he was masturbating with his pants pulled down. Frederick's SUV was parked so close to the teens that they could not fully open their passenger side door. One of the two teens got out of the opposite side of the car and ran to find their mother inside the store who called the police.

Another victim told Smyrna Police that she was with her 3 year old daughter when Frederick pulled up next to her, got out of his SUV and started masturbating without any pants on.

Through photo lineups and license plate numbers obtained by at least one of the victims, police were able to find the 33 year old subject who was eventually arrested. Frederick was apprehended at his girlfriends apartment in LaVergne. He apparently was in town visiting her as he actually lived with his parents in Clarksville.

After the trial Frederick filed with the court of appeals that the cases should not have been grouped together and that the evidence was not strong enough for his conviction. However, the appeals court did not feel the same way and fully supported the Rutherford County Trial Court.

Mario Frederick will remain in prison until his sentence ends on August 2, 2018. He was denied parole in 2016.

Source:

Case No. M2016-00737-CCA-R3-CD

Past Charges:

11/22/2009 INDECENT EXPOSURE: 3RD OR SUBSEQUENT CONVICTION, 10/03/2013 EXPLOITATION OF A MINOR BY ELECTRONIC MEANS: CONVICTION ON OR AFTER JULY 1, 2008, 10/03/2013 INDECENT EXPOSURE: 3RD OR SUBSEQUENT CONVICTION