The pretrial proceedings for Luigi Mangione, the 27-year-old man accused of the fatal shooting of UnitedHealthcare CEO Brian Thompson in December 2024, saw a significant development this week. During an evidence suppression hearing in Manhattan, the District Attorney’s office signaled that prosecutors would not be using some statements Mangione made to the Altoona, Pennsylvania Police Department.
The decision highlights the ongoing, complex legal battles over what evidence will ultimately be admissible when the case goes to trial. Judge Gregory Carro is scheduled to determine by early January what evidence the jury can be shown.
The Basis for Exclusion: Recording and Rights
The defense, led by attorney Marc Agnifilo, successfully contested the legality of certain remarks made by Mangione while in custody, leading to the prosecution’s concession.
The core issue centered on the circumstances immediately following Mangione’s arrest on December 9, 2024, at a McDonald’s in Pennsylvania:
- Undisclosed Recording: Testimony revealed that shortly after the arrest, authorities set up audio and video recording inside an interrogation room without making it explicitly clear to Mangione whether he was fully aware of the legality of the recording under Pennsylvania law.
- Request for Counsel: During the questioning, Mangione requested an attorney. Investigators then left the room, but left the recording device running.
- Defense Challenge: Defense attorney Agnifilo pressed New York officer Lt. David Leonardi on the witness stand regarding the legality of recording someone in Pennsylvania without their knowledge and questioned whether Mangione was adequately advised or given clear Miranda warnings before the recording continued.
When the defense attorney pressed the issue, prosecutors eventually withdrew the use of these contested statements during the re-examination of the witness, leading the judge to sustain the objection.
Other Evidence in Contention
While some statements have been dropped, the prosecution is still seeking to admit substantial evidence gathered during the arrest. This evidence includes:
- Security footage of the arrest.
- Tangible objects found on Mangione at the moment of his arrest, such as receipts, a notepad, and a to-do list documenting places he had visited.
The defense is contesting a large portion of this remaining evidence, arguing that it was obtained through warrantless searches and is therefore inadmissible.
Background on the High-Profile Case
Mangione was arrested five days after the fatal shooting of CEO Brian Thompson, who was walking on a midtown Manhattan sidewalk to attend an investor conference.
Mangione faces charges in both state and federal courts:
- State Court (New York): Murder charges, with Judge Gregory Carro presiding over the state portion.
- Federal Court: Federal counts that make him eligible for the death penalty.
Pretrial proceedings, which entered their eighth day this week, are expected to conclude shortly, with Judge Carro indicating optimism that the evidentiary hearing could wrap up soon. Decisions on all evidentiary suppression motions are anticipated by early January.