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In an about-face on Monday, a federal judge has decided to hold an evidentiary hearing to determine if Luigi Mangione’s backpack was lawfully seized and searched inside an Altoona, Pennsylvania, McDonald’s during his arrest.
Judge Margaret Garnett wrote in a court order that she considered “both the arguments made by counsel” during Friday’s hearing and “the seriousness of the charges the Defendant is facing” before walking back her previous decision deeming the hearing unnecessary.
The hearing is expected to include testimony from an Altoona police officer regarding the department’s procedures “for securing, safeguarding [and] inventorying the personal property of a person arrested in a public place.”
NYC PROSECUTORS SHARE EVIDENCE PHOTOS REVEALING LUIGI MANGIONE’S POSSESSIONS AT TIME OF ARREST
However, the judge clarified that the witness chosen by the prosecution was not required to be one of the officers involved in Mangione’s arrest.
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The move comes after several Altoona officers testified in state court regarding Mangione’s request to exclude evidence seized by police during his arrest, including a backpack carrying the alleged murder weapon.
His lawyers are also asking the judge to eliminate the same items from his federal case.
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On Friday, Mangione’s defense team asked the court to bar the government from making his federal trial a capital case.
Mangione’s federal case is expected to go to trial in December – or possibly January 2027 – if the death penalty remains on the table. If not, the judge said Friday that Mangione could stand trial as early as October.
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No trial date has been set in Mangione’s state murder case, which is expected to be first.
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Mangione is accused of gunning down UnitedHealthcare CEO Brian Thompson on a New York City sidewalk in 2024. He has pleaded not guilty in both courts.
