Luigi Mangione fights to exclude evidence from his trial in the killing of UnitedHealthcare's CEO

NEW YORK — Luigi Mangione watched stoically in court Monday as prosecutors played surveillance videos showing the killing of UnitedHealthcare CEO Brian Thompson on a New York City sidewalk last year and Mangione's arrest five days later at a McDonald's in Pennsylvania.

The videos, including footage from the restaurant previously unseen by the press or the public, kicked off a hearing on Mangione's fight to bar evidence from his state murder trial, including the gun prosecutors say matches the one used in the Dec. 4, 2024, attack. Thompson was killed as he walked to a Manhattan hotel for his company's annual investor conference.

Mangione, 27, pressed a finger to his lips and a thumb to his chin as he watched footage of two police officers approaching him as he ate breakfast at the McDonald's in Altoona, Pennsylvania, about 230 miles (about 370 kilometers) west of Manhattan.

He gripped a pen in his right hand, making a fist at times, as prosecutors played a 911 call from a McDonald's manager relaying concerns from customers that Mangione looked like the suspect in Thompson's killing. The manager said she searched online for photos of the suspect and that as Mangione sat in the restaurant, she could only see his eyebrows because he was wearing a beanie and a medical face mask.

Before he was flown to New York City to face murder charges, Mangione was held under constant watch in an otherwise empty special housing unit at a Pennsylvania state prison.

A correctional officer testified that the prison wanted to keep Mangione away from other inmates and staff who might leak information about him to the media. The officer testified that the facility's superintendent told him that the prison "did not want an Epstein-style situation,'' referring to Jeffrey Epstein's suicide at a Manhattan federal jail in 2019.

Among the evidence Mangione's defense team wants excluded are the 9 mm handgun and a notebook in which prosecutors say he described his intent to ''wack'' a health insurance executive. Both were found in a backpack Mangione had with him when arrested.

Defense wants to bar the gun and notebook from his trial

After getting state terrorism charges thrown out in September, Mangione's lawyers are zeroing in on what they say was unconstitutional police conduct that threatens his right to a fair trial.

They contend that the Manhattan district attorney's office should be prevented from showing the gun, notebook and other items to jurors because police didn't have a search warrant.

They also want to suppress some of Mangione's statements to police, such as when he allegedly said his name was Mark Rosario, because officers started asking questions before telling him he had a right to remain silent. Prosecutors say Mangione gave the same name while checking into a Manhattan hostel days before the killing.

The defense is also seeking to preclude statements Mangione made to law enforcement from the day of his arrest until he was moved to New York on Dec. 19. The correctional officer, Tomas Rivers, testified that Mangione talked to him about his travels to Asia, including witnessing a gang fight in Thailand, and discussed differences between private and nationalized health care.

Another correctional officer, Matthew Henry, said Mangione blurted out to him that at the time of his arrest, he had a backpack with foreign currency and a 3D-printed pistol. Mangione's lawyer, Marc Agnifilo, was incredulous at Henry's testimony that Mangione might have shared that information, unprompted.

Surveillance video showed a masked gunman shooting Thompson from behind.

Prosecutors say ''delay,'' ''deny'' and ''depose'' were written on the ammunition, mimicking a phrase used to describe how insurers avoid paying claims.

Eliminating the gun and notebook would be critical wins for Mangione's defense and major setbacks for prosecutors, depriving them a possible murder weapon and evidence they say points to motive. Prosecutors have quoted extensively from Mangione's writings in court filings, including his alleged praise for the late ''Unabomber" Theodore Kaczynski.

Among other things, prosecutors say, Mangione mused about rebelling against ''the deadly, greed fueled health insurance cartel'' and wrote that killing an industry executive ''conveys a greedy bastard that had it coming.''

Laws concerning how police interact with potential suspects before reading them their rights or obtaining search warrants are complex and often disputed in criminal cases.

Federal prosecutors, fighting a similar defense effort in that case, have said in court filings that police were justified in searching the backpack to make sure there were no dangerous items, and that his statements to officers were voluntary and were made before he was under arrest.

Pivotal pretrial hearing could last more than a week

Court officials say the hearing could last more than a week, meaning it would extend through Thursday's anniversary of the killing. Defense lawyer Marc Agnifilo told a judge in an unrelated matter last week that Manhattan prosecutors had indicated they could call more than two dozen witnesses.

Mangione was allowed to wear normal clothing to court instead of a jail uniform. He entered the courtroom Monday in a gray suit and a button-down shirt with a checkered or tattersall pattern. Court officers removed his handcuffs to allow him to take notes.

To illustrate the breadth of news coverage during the five-day search for the shooter, prosecutors played a surveillance video of the shooting, footage of police divers searching a pond in Central Park and Fox News clips that included images of the suspected shooter distributed by police.

A few dozen Mangione supporters watched the hearing from the back of the courtroom. One wore a green T-shirt that said: ''Without a warrant, it's not a search, it's a violation.'' Another woman held a doll of the Luigi video game character and had a smaller figurine of him clipped to her purse.

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