Judge Gregory Carro’s 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 Mangione's federal case.
The judge allowed evidence obtained during a subsequent inventory of his backpack at the police station, but said evidence found during an initial search of Mangione’s backpack during his arrest at a McDonald’s restaurant must be suppressed, including a gun ammunition magazine, cellphone, passport, wallet and computer chip. “I find that the search of backpack at the McDonald’s was an improper warrantless search,” the judge said.
Mangione's state murder trial 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.
Both sides win something in this ruling
Police found the gun, notebook and other items in Mangione’s backpack after he was spotted eating breakfast at a McDonald’s restaurant in Altoona, Pennsylvania, on Dec. 9, 2024, five days after Thompson was killed outside a Manhattan hotel. Altoona is about 230 miles 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 “manifesto,” describes wanting to “wack” a health insurance executive and rebelling against “the deadly, greed fueled health insurance cartel.”
Mangione's lawyers argued that the search was illegal 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.
Mangione’s statements to police prior to his arrest matter mainly because, as shown on body-worn camera video, he initially gave officers a fake name, Mark Rosario. He eventually acknowledged the ruse and gave his real name after police checked his phony New Jersey driver’s license against a computer database.
The fake name promptly gave Altoona police a reason to arrest him and hold him for New York City police.
“If he had provided us with his actual name, he would not have committed a crime,” Officer Stephen Fox testified. An NYPD lieutenant testified that the Rosario name matched one the suspected shooter used to purchase a bus ticket to New York and gave at a Manhattan hostel.
Mangione told police early on he didn't want to talk, but officers engaged him for almost 20 minutes before getting him to admit to lying about his name. After that, a supervisor urged Fox to inform Mangione of his right to remain silent.
What must police tell suspects during arrests?
An important factor in whether suspects have to be read those rights — known as a Miranda warning — is whether they are in police custody.
Surveillance video showed a masked gunman shooting Thompson from behind on Dec. 4, 2024, as he walked his company’s annual investor conference at the New York Hilton Midtown. Police say “delay,” “deny” and “depose” were written on the ammunition, mimicking a phrase used to describe how insurers avoid paying claims.
