NEW YORK (AP) 鈥� A gun and notebook that prosecutors say link to the killing of can be used as evidence at his murder trial, a judge ruled Monday, rejecting a defense argument that they were seized illegally, before a search warrant was obtained.
Judge Gregory Carro鈥檚 decision, five months after he held a hearing to examine how police came upon the items, is a major win for prosecutors, enabling them to show the jury a possible murder weapon and evidence they say points to motive. That mirrors an earlier ruling in .
The judge said evidence found during an initial search of Mangione鈥檚 backpack during his arrest at a McDonald鈥檚 restaurant must be suppressed, including a gun ammunition magazine, cellphone, passport, wallet and computer chip.
is set to begin on Sept. 8. Jury selection for his federal trial, which involves stalking charges, is scheduled to start on Oct. 13, with opening statements and testimony beginning on Nov. 4. The state trial is expected to take four to six weeks.
Mangione, 28, has pleaded not guilty in both cases. He faces the possibility of life in prison if he is convicted in either one.
Police found the gun, notebook and other items in Mangione鈥檚 backpack after he was spotted eating breakfast at a McDonald鈥檚 restaurant in Altoona, Pennsylvania, on Dec. 9, 2024, five days after . Altoona is about 230 miles (370 kilometers) west of Manhattan.
The gun, a 3D-printed pistol, matches the one used to kill Thompson, prosecutors said. The notebook, which prosecutors have termed as a 鈥渕anifesto,鈥� describes wanting to 鈥渨ack鈥� a health insurance executive and rebelling against 鈥渢he deadly, greed fueled health insurance cartel.鈥�
and that the items should be excluded from his trial because police officers looked through the backpack before obtaining a warrant.
Prosecutors maintain the search was legal because it was conducted in conjunction with an arrest and officers were following Altoona police protocols that require them to check for dangerous items that could be harmful to them or the public. Police eventually obtained a warrant, prosecutors said.
Surveillance video showed a masked gunman shooting Thompson from behind on Dec. 4, 2024, as he walked his company鈥檚 annual investor conference at the New York Hilton Midtown. Police say 鈥渄elay,鈥� 鈥渄eny鈥� and 鈥渄epose鈥� were written on the ammunition, mimicking a phrase used to describe how insurers avoid paying claims.
At a three-week hearing in December, Altoona police officers described how they conducted Mangione鈥檚 arrest and searched his backpack. Prosecutors also played body-worn camera , and some clips were made public.
Carro had said he planned to study the body-camera video before issuing a decision.
According to the testimony and video, officers began searching the bag at the McDonald鈥檚 but stopped after finding a loaded gun magazine wrapped in a pair of underwear. That discovery appeared to confirm their suspicions that Mangione was the man wanted for Thompson鈥檚 killing.
鈥淚t鈥檚 him, dude. It鈥檚 him, 100%,鈥� Officer Stephen Fox said on video, punctuating the remark with expletives as the officer searching the bag, Christy Wasser, held up the magazine.
Officers continued searching the bag at a police station and found the gun and silencer.
They performed what鈥檚 known as an inventory search and found the notebook and other notes, including what appeared to be to-do lists and possible getaway plans, according to testimony.
That search, which involves cataloging every piece of a suspect鈥檚 seized property, is also required under Altoona police policy, prosecutors said. The judicial warrant was obtained hours later. Laws concerning how police obtain search warrants are complex and often disputed in criminal cases.
Prosecutors have in court filings including his praise for Unabomber Ted Kaczynski.
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