Thursday was the ninth and final day of suppression hearings at New York State Supreme Court in Manhattan in the case of Luigi Mangione, the suspect in the murder of United Healthcare CEO Brian Thompson. He has pleaded not guilty.
Mangione’s defense team has argued that evidence found in Mangione’s backpack, and statements he made during his Altoona, Pennsylvania arrest on Dec. 9, came from an illegal search and seizure that violated his constitutional rights. His defense is trying to get evidence suppressed ahead of New York state’s murder case against Mangione. The prosecution argued that everything was lawfully obtained by Altoona police, that they searched his backpack because they feared for their safety, and that the evidence should be admitted for trial.
Over the last three weeks, the prosecution called multiple Altoona cops to the stand, displaying bodycam footage from the police officers present for Mangione’s arrest at an Altoona McDonald’s. Mangione was initially arrested on forgery charges for giving officers a fake New Jersey driver’s license with the name Mark Rosario. In Pennsylvania, officers can search bags without a warrant under something called “search incident to arrest,” and Altoona cops testified they found a 3D printed gun, silencer and bullets in Mangione’s backpack. In addition to testimony and bodycam footage, the prosecution submitted 911 dispatch calls into evidence. NYPD Detective Oscar Diaz was expected to testify on Thursday, but the prosecution declined to call him to the stand and rested. The defense also rested, declining to call any witnesses to testify.
The only evidence that has been withdrawn so far is a statement Mangione made to New York law enforcement in Pennsylvania on Dec. 9.
Altoona cops read Mangione his Miranda warnings in the McDonald’s, but Manhattan ADA Joel Seidemann read him his Miranda warnings in regards to the murder of Thompson while at the Altoona police precinct. Mangione asserted his right to remain silent, requested an attorney and asked for his phone call, saying he’d rather not answer any questions. He was then allegedly left alone in the room. On Tuesday, Marc Agnifilo presented to court that Mangione was being video and audio recorded throughout this entire interrogation without his consent in a dramatic cross-examination of NYPD officer David Leonardi.
Pennsylvania, unlike New York, is a two-party consent state, meaning Mangione would have had to have been told he was being recorded in order for the evidence to be admissible in court. Leonardi testified that Seidemann instructed him to set up video and audio recordings of Mangione ahead of his conversation with the Manhattan DA. Leonardi said he was not aware if Mangione was ever told he was being recorded. These interactions, Leonardi testified, were recorded by an audio recording device, body-worn camera, and a video behind a one-way mirror. Leonardi said he was not present in the room, but Seidemann and other NYPD officers, including Diaz, were. During cross, Marc Agnifilo said that at one point, law enforcement left the room and Mangione was left there alone, unaware he was being recorded.
“Do you know if that’s legal?” Agnifilo asked Leonardi, who responded he was being guided by the DA’s office. A few moments later, the prosecution, defense, and judge met at the bench. Agnifilo announced that the prosecution had chosen to withdraw Mangione’s statements made to the NYPD and Seidemann, so he had no further questions.
Love Music?
Get your daily dose of everything happening in Australian/New Zealand music and globally.
On Tuesday, Marc Agnifilo stopped short of saying Mangione was illegally recorded but on Thursday, lead attorney Karen Friedman Agnifilo said the only reason the prosecution withdrew Mangione’s statements was because of this “illegal wiretap.”
“Frankly the only reason they withdrew statement notice for the interrogation was because I think they realized there was an illegal wiretap of Mr. Mangione in Pennsylvania when they went to go interrogate him on that day,” said Friedman Agnifilo.
She expressed disappointment that the prosecution had not asked NYPD Detective Diaz to the stand, specifically because she wanted to ask him about a statement the NYPD says Mangione’s mother Kathleen made to law enforcement.
In a Dec. 17, 2024 press conference, a week after Mangione’s arrest, NYPD Chief of Detectives Joseph Kenny said Mangione’s mother had told law enforcement that the UHC shooting “might be something that she could see him doing.” Mangione’s defense team has asked for evidence that Mangione’s mother said this and on Thursday demanded a retraction of this statement, which they say was false and prejudiced their client.
“There is no such statement. It was never made,” said Friedman Agnifilo in a press conference outside of court on Thursday. ”In fact, it was the opposite. What Mrs. Mangione said was that she could never see her son being a risk to himself or others.”
At the press conference, Friedman Agnifilo reiterated her concerns about Mangione being illegally recorded by police.
“It was only after Lieutenant Leonardi testified about the illegal wiretap of Mr. Mangione in Altoona, Pennsylvania, that [the prosecution] withdrew statement notice and now suddenly we’re not going to have the lead case detective in this case,” said Friedman Agnifilo. “It’s significant. There [were] a lot of open questions that we wanted to question him about, especially the very prejudicial statement made by the Chief of Detectives at the time.”
The Manhattan DA’s office refused to comment when asked about the accusations of an illegal recording. As for Friedman Agnifilo saying she didn’t have the opportunity to cross Diaz, both Seidemann and Judge Gregory Carro said she could have called him as a witness if she’d wanted to question him.
Carro said he will make his decision as to whether the evidence will be suppressed on May 18. No state trial date was set, although Seidemann said he’d like to have a date set soon since Thompson’s mother is 77 years old and needs to know if Mangione is the person who shot her son.
On Friday, Mangione’s defense is expected to file documents related to his federal case, where Mangione faces the death penalty. His next federal hearing is set for Jan. 9 2026.
From Rolling Stone US
