The judge also threw out evidence in what he said was an unlawful search of Mangione’s backpack as experts weigh in on what the decision means for the defense

A New York State Supreme Court judge made a key ruling regarding evidence in Luigi Mangione’s state trial, where he faces second-degree murder charges for the shooting of United Healthcare CEO Brian Thompson. 

Mangione’s attorneys have claimed their client’s constitutional rights were violated during his Dec. 9, 2024 arrest in an Altoona, Pennsylvania McDonald’s. His defense argued against admission of evidence acquired during his arrest, including Mangione’s backpack which allegedly contained a 3D-printed gun, silencer, and a notebook. Judge Gregory Carro issued a split decision, throwing out some evidence obtained during the McDonald’s arrest but allowing the alleged murder weapon and Mangione’s suspected writings to be submitted as evidence because they were conducted in a separate inventory search at the police precinct.

“I find that the search of the backpack at the McDonald’s was an improper warrantless search,” Carro stated from the bench in the Manhattan courtroom, adding that the backpack was not in immediate control of the defendant and the state district attorney failed to convince him the search was a safety measure. Mangione has pleaded not guilty to all state and federal charges against him for the murder of Brian Thompson.

In his ruling, Carro said, “The evidence found during the search of the backpack at the McDonald’s must be suppressed, including the magazine, cellphone, passport, wallet, and computer chip.” Carro also ruled that some of the statements Mangione made to police officers before he was read his Miranda warnings will be considered inadmissible. 

Back in December, Mangione’s defense attorney accused the police officers of searching the backpack when they stopped on the side of the road. Friedman Agnifilo asked whether Officer Christy Wasser opened the backpack on camera to find the gun on the top of the bag because she’d already known it was there. Wasser repeatedly said this was “not accurate.” Fox testified that the exchange took about 10 seconds, and at no time did anyone search the backpack. 

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Carro said that he was allowing evidence found in a subsequent search of the backpack, which happened at the Altoona police precinct. This means that the 3D-printed gun, another magazine, a silencer, and a red notebook with Mangione’s alleged writings will be allowed into the murder trial. A USB drive allegedly found on Mangione’s necklace, as well as the fake identification he provided to police with the name Mark Rosario on it, will all be admitted into trial, as well. 

Mangione was calm and stoic throughout the proceedings, dressed in a navy suit. Carro’s May 18 decision comes following a three-week-long evidence suppression hearing last December, where the prosecution called multiple law enforcement officers to the stand. No video cameras were permitted into the courtroom in December, but a pool camera did record today’s ruling. 

Experts weigh in

Mangione’s defense team, led by Karen Friedman Agnifilo, declined a request to comment on the judge’s ruling. “We look forward to presenting our case at trial on Sept. 8,” a spokesperson for the Manhattan district attorney’s office tells Rolling Stone.

Experts say that the decision contains both positives and negatives for Mangione’s defense team.

“In total, it’s a win for the prosecution,” says Richard Schoenstein, New York trial lawyer and legal analyst. “Getting to admit the gun, the silencer, and the notebook were the biggest items for the prosecution out of all of that evidence.”

Catherine Christian, who worked as a prosecutor at the Manhattan District Attorney’s office and is now a criminal defense lawyer, calls it a “split decision.” “Anytime the defense gets an item suppressed it’s a win,” says Christian, adding that it is rare for the defense team to get evidence suppressed for trial. “The prosecution wanted everything in evidence. Thankfully [for them] they did get the gun and notebook.” 

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The red notebook

During last December’s suppression hearings, prosecutors showed excerpts from a red notebook and other loose writings found in Mangione’s backpack. This included an alleged checklist of plans Mangione made following the Dec. 4 shooting plus a letter to federal agents which prosecutor Joel Seidemann has referred to as a “manifesto,” a term which the defense has objected to multiple times.

Judge Carro’s decision acknowledges that an Altoona officer removed the red journal from Mangione’s backpack at the McDonald’s and placed it on a table. However, a footnote in the decision says, “The red notebook will not be suppressed, as the officers did not open or search it at the McDonald’s.”

Schoenstein thinks that admitting the notebook is “probably the strangest part” of Carro’s decision because it doesn’t totally fit with the rest of his analysis that the search at the McDonald’s was not proper. 

“He didn’t buy the argument that [the search at McDonald’s] was done for safety reasons, so he excluded most of the things that they found there,” Schoenstein says. “I think with respect to the notebook, he’s saying that no one really looked at it at the McDonald’s, so he doesn’t have to consider it as part of that search.”

Carro “can think of the notebook as really being something that was discovered and considered in connection with the inventory back at the police department,” the legal analyst explains. 

Mangione’s defense team can appeal any part of Carro’s decision on what he admits into evidence, but appeals will not happen until after a verdict and sentencing. Mangione’s state trial is expected to commence with jury selection in September. Mangione’s federal trial is expected shortly after.

Supporters react

When the judge’s filing was posted online shortly before the hearing began, one of Mangione’s supporters who had obtained a press pass celebrated the news that some evidence would be suppressed. She held a hand over her heart, and raised a fist back at the public, where two dozen other supporters were seated wearing T-shirts expressing support for Mangione. “The backpack’s suppressed!” she whispered to them. The mood for the supporters quickly shifted once Carro explained his filing, and said that the alleged murder weapon and red notebook would be included.

“I feel like he gave us something happy and then took it away from us,” said one supporter named Vanessa, who donned a Free Luigi shirt with Mangione’s face on it. She had flown in from Houston, Texas, on Sunday and camped outside of the courthouse overnight to be allowed in.

One group of supporters, three women who call themselves “The Mangionistas” and have been at almost all of Mangione’s state and federal hearings, now have press passes from City Hall due to their Substacks. One woman, Ashley Rojas, told press, “Fuck Brian Thompson.” Another, Lena Weissbrot added, “His children are better off without him.” She said, “Enjoy the blood money, kids.”

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Karen Friedman Agnifilo released a statement to Rolling Stone condemning the comments. “These individuals do not represent the views of Luigi, nor the tens of thousands who have shown their support from around the world. The only people who speak for Luigi are his attorneys. We condemn these vile and irresponsible statements that have no place in the discourse around these cases.” 

On Monday, Carro said that the next hearing would be virtual on June 3, at which point scheduling and jury selection will be discussed. The state trial is expected to begin in September.