Luigi Mangione's attorney asks judge to drop Blair County charges in court filing

David Hurst, The Tribune-Democrat, Johnstown, Pa.Tribune-Democrat

HOLLIDAYSBURG, Pa. – An attorney for Luigi Mangione is asking a judge to dismiss charges against Mangione in Blair County and to suppress warrants obtained to search him in connection with a health insurance CEO's murder.

The filing is part of an expanded pretrial motion filed by Altoona defense attorney Thomas Dickey. It doubles down on the argument that Mangione, 26, was unlawfully detained, interrogated and searched on the day of his arrest in Altoona.

Dickey wrote this week that "probable cause" was lacking for both the Dec. 9 warrant and the Blair County charges against Mangione.

"Any purported identification of the defendant as the person wanted in New York was speculative and based on a hunch," Dickey wrote, referring to the morning Mangione was questioned by Altoona police at a McDonald's restaurant.

Mangione was arrested Dec. 9 in Altoona after a manhunt for the suspect in UnitedHealthcare CEO Brian Thompson's Dec. 4 murder in New York City.

Law enforcement officials allege that Mangione targeted and killed Thompson, fled the scene, and criss-crossed Pennsylvania until someone recognized him in Altoona from surveillance images that were televised nationwide.

Mangione faces forgery, false identification, records tampering and firearms charges in Blair County. He is accused of possessing evidence of the New York City crime, including a 9mm handgun and what police have described as a "manifesto" of writings about his issues with the health care system.

Dickey argues that all of that evidence was obtained unlawfully, and that Mangione was frisked, searched and questioned without being read his Miranda rights or a proper search warrant.

In a previous Feb. 21 filing, Dickey wrote that Mangione was surrounded by officers who gave him no indication he was free to leave the restaurant until after he was under unlawful detention and “custodial interrogation” for 17 minutes.

“At no time did the two officers indicate (Mangione) was free to go, nor did they explain the reasons as to why (he) was being detained; other than that he looked suspicious and/or overstayed his welcome as a customer at McDonald’s,” Dickey wrote, contending that violated Mangione’s Fourth Amendment and 14th Amendment rights to due process and protection against unlawful searches and seizures.

"The defendant previously invoked his 5th Amendment right to remain silent," Dickey added in a 30-plus-page pretrial supplemental motion filed Monday.

Blair County investigators have said Mangione was questioned after initially giving authorities a fake ID. He "began to shake" after police asked if he had been to New York recently, according to an affidavit.

One Altoona police officer told reporters that they recognized Mangione was the man police were looking for after he removed his medical-style face mask. Medical masks were also among dozens of items seized as evidence Dec. 9, according to an inventory list from a warrant secured for a 6:27 p.m. search of Mangione, documents show.

Dickey argued in his motion Monday that the warrant was issued unlawfully, indicating that it was missing the "probable cause" needed to obtain a judge's approval.

He is asking Blair County Judge Jackie Bernard to suppress the warrant and the evidence collected, as well as another warrant related to clothing, which all could be crucial in both Mangione's Blair County case and his homicide case in Manhattan.

Blair County District Attorney Peter Weeks' office has received an extension of time to respond to Dickey's motions.

But Pennsylvania law enforcement officials have previously offered a different account of Mangione's questioning and arrest.

State police Cpl. George Bivens told reporters that Mangione was "initially cooperative" with law enforcement Dec. 9 before changing his approach later that day. Police did not specify whether Mangione gave consent to a search prior to 6 p.m.

Altoona police also described his notebook as a "manifesto" describing his reasons for targeting a health insurance CEO – allegations that match online grievances Mangione appears to have made about his issues with the health insurance industry.

“‘The target is insurance’ because ‘it checks every box,’” one entry in the notebook read, according to a federal criminal complaint.

Dickey argued in his motion this week that the notebook that police searched Dec. 9 contained a "plethora" of what authorities have alleged are Mangione's personal experiences. They labeled it a manifesto "to put the defendant in a negative light before the public," Dickey wrote.

Dickey is also asking Bernard to preclude prosecutors from using the term "manifesto" related to any of Mangione's purported writings in court. He's also seeking to have any statements made during Mangione's initial Blair County arraignment suppressed.

Bernard has not yet addressed Dickey's motions, and there was no indication if or when a hearing could be set to listen to arguments on the requests.

Mangione is being held in a New York detention center awaiting a hearing on his federal charges. His next proceeding in the homicide case is scheduled for March 19, his New York attorneys told The Associated Press last month.