(NEW YORK) — The judge in Luigi Mangione’s federal case ruled Friday that the accused CEO killer’s backpack was lawfully seized by police when Mangione was apprehended in a Pennsylvania McDonalds’s five days after the shooting.
Mangione returned to Manhattan federal court Friday, where prosecutors have said they would seek the death penalty if he’s convicted of stalking and killing UnitedHealthcare chief executive Brian Thompson on a New York City sidewalk in 2024.
Two women who flew in from Sicily and came straight from the airport were among those in the courtroom gallery, which was filled with Mangione’s supporters, mostly young women. Many of them were wearing green, the color that has come to represent advocacy for Mangione.
“We have a full house here today,” U.S. District Judge Margaret Garnett said at the outset of the hearing. “It is very important that decorum be maintained.”
The appearance of Mangione, who has pleaded not guilty to federal charges, follows a three-week hearing in state court during which Mangione sought to convince the judge in his state case to exclude some of the critical evidence police said they found in his backpack, including writings and the alleged murder weapon. The judge has yet to issue a ruling.
Judge Garnett, in issuing her ruling on the legality of the backpack’s seizure, said, “I don’t think it’s really disputed that if you’re arrested in a public place, the police are supposed to safeguard your personal property.”
The judge she does not need to schedule a hearing to determine whether to exclude evidence taken from the backpack, but has yet to rule on what, if anything, should be suppressed.
“The Government searched the contents of the defendant’s notebook pursuant to a judicially authorized search warrant that expressly covered, among other things, handwritten materials, including notebook entries, contained within the defendant’s backpack,” prosecutor Sean Buckley argued in an earlier court filing.
“To the extent that the defendant now seeks to challenge the validity of the Government’s warrant — an argument the defendant similarly did not make in either his moving or reply papers — that argument would also fail on the merits because the warrant, which disclosed the initial search of the defendant’s backpack by the Altoona Police Department, was supported by ample probable cause,” wrote Buckley.
The remainder of Friday’s hearing was expected to focus on oral arguments over a defense motion to dismiss the charges that make Mangione eligible for the death penalty.
Paresh Patel, a lawyer from Maryland who recently joined Mangione’s defense team, argued stalking “fails to qualify as a crime of violence” and therefore cannot be the predicate to make Mangione eligible for the death penalty.
Mangione entered the courtroom with his ankles shackled but his hands free. Unlike his recent appearance in state court, when he wore slacks and blazer, Mangione was dressed in a beige smock and pants and a white long-sleeve T-shirt as he took a seat at the defense table between defense attorneys Karen and Mark Agnifilo.
Earlier this week, prosecutors disputed a defense claim that Mangione should not face the death penalty because of a purported conflict of interest by Attorney General Pam Bondi.
The defense said Bondi is continuing to benefit from a 401k established while she worked at the lobbying firm Ballard Partners, which represents UnitedHealthcare.
Prosecutors said Ballard has made no contributions to her retirement plan since her Senate confirmation as attorney general, and argued that she stands to gain nothing from a “capital outcome” in the Mangione case.
“There is simply no factual basis for the assertion that outside corporate interests influenced the Attorney General’s charging decision in any fashion. The defendant’s insinuations otherwise rest on an inaccurate financial narrative,” Buckley wrote in a court filing.
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