(NEW YORK) — A federal judge on Monday changed her mind and decided there should be a hearing to determine whether Luigi Mangione’s backpack was lawfully seized and searched during his arrest in Altoona, Pennsylvania.
Judge Margaret Garnett said she considered “both the arguments made by counsel” during a hearing on Friday and “the seriousness of the charges the Defendant is facing” in deciding to hold the evidentiary hearing after previously saying a hearing was unnecessary.
The brief hearing should include testimony from an Altoona police officer about the department’s procedures for securing, safeguarding and inventorying the personal property of a person arrested in a public place, the judge said. She noted that the witness did not need to be one of the dozen officers involved in Mangione’s arrest.
Several Altoona officers testified during a three-week hearing in state court where Mangione is seeking to exclude evidence police seized from his backpack, including the alleged murder weapon, a notebook and writings.
Defense attorneys are also trying to eliminate those items from the federal case, which could result in a possible death sentence if Mangione is convicted. He has pleaded not guilty in both courts.
Mangione is accused of stalking and killing UnitedHealthcare chief executive Brian Thompson on a New York City sidewalk in 2024.
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