NEWYou can now listen to Fox News articles!
A New York judge has ruled that some key evidence seized from Luigi Mangione’s backpack during his arrest at a Pennsylvania McDonald’s is inadmissible at trial, while some of it can still be shown to jurors, including the suspected murder weapon.
Judge Gregory Carro’s written ruling was posted online ahead of a hearing Monday morning. He agreed with the defense argument that a search of Mangione’s backpack at McDonald’s was unconstitutional because it had been moved away from arm’s reach, however, he found that a subsequent search of the bag at the police station was lawful. During that search, an officer found the handgun allegedly used in the murder of UnitedHealthcare CEO Brian Thompson, 50.
He also found that most of Mangione’s statements to police in Pennsylvania would be admissible, except for some made about his alleged fake ID after police read him his Miranda warning.
A different judge, overseeing his separate federal case, has already rejected the defense team’s argument that the search was improper, and the evidence will be part of his federal trial.
It includes the alleged murder weapon, a 3D-printed silencer, the fake ID used to check into a Manhattan hostel and journals purported to rail against the health insurance industry. Mangione, 28, is accused of shooting Thompson from behind outside a Manhattan Hilton hotel on Dec. 4, 2024, as the victim was walking to a business conference.
SEND US A TIP HERE
He allegedly fled the scene on a bicycle and then went to Altoona, Pennsylvania, where customers and employees recognized him from a wanted poster and called 911 five days later.
Authorities searched the bag multiple times after Mangione’s arrest in the eight hours before obtaining a search warrant, defense lawyers wrote in a letter to the court. They argued the search was improper because once Mangione was arrested, he wasn’t in control of the bag, so police should have obtained a warrant ifrst.
Read the judge’s ruling:
The defense has characterized the search of his bag as a violation of his constitutional rights. They also asked for statements he made between his arrest on Dec. 9 and extradition to New York 10 days later to be thrown out.
LISTEN TO THE NEW ‘CRIME & JUSTICE WITH DONNA ROTUNNO’ PODCAST
Prosecutors asked New York Judge Gregory Carro to deny the motion, arguing Altoona police acted reasonably when they searched Mangione’s bag after arresting him.
LUIGI MANGIONE’S CEO MURDER CASE RAISES CONCERNS ACTIVIST JURORS MAY IGNORE EVIDENCE
The court already held several days of hearings on the matter and heard testimony from 17 witnesses.
Mangione has pleaded not guilty to all state and federal charges.
In New York, the top charge is second-degree murder, which carries a maximum sentence of life in prison. He faces six more weapons related charges and one for allegedly possessing a fake ID.
LIKE WHAT YOU’RE READING? FIND MORE ON THE TRUE CRIME HUB
The judge previously dismissed terrorism-related charges that could have put Mangione in prison for life without parole if convicted.
The state trial is scheduled to begin on Sept. 8.
In Mangione’s federal case, which is a separate legal proceeding, U.S. District Judge Margaret Garnett ruled that the backpack evidence could stand in his federal trial in a Jan. 30 order, while also dealing a blow to the prosecution and taking the death penalty off the table.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Thompson, a father of two from Minnesota, had come to New York City to meet with Wall Street investors. Surveillance video shows the last moments of his life — when a gunman approached him from behind on the sidewalk and opened fire.
This is a breaking news story. Stick with Fox News Digital for updates.
Read the full article here