“Even if this motion is successful, it doesn’t mean that Luigi Mangione walks out of prison,” said Ron Kuby, a criminal defense attorney whose practice focuses on civil rights. “All it means is that the items that were seized from him, or seized that belong to him, can’t be used as evidence against him.”

Kuby thinks that Mangione’s team has made enough claims in their papers to merit a hearing on the issues, in which the police officer involved would have to testify, confirming or denying the facts. “It does appear that they stopped and frisked Mangione without a legal basis to do it. If that’s true, everything that follows from there is likely to be found to be unconstitutional,” he said.

  • flop_leash_973@lemmy.world
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    12 minutes ago

    Guy is going to jail, the grave, or both. Guilty or not the state is not letting a little thing like police evidence tampering or innocence get in the way of him paying for the consequences being brought home to that CEO. Truth was publicly spoken to power, and someone has to pay for that in the states eyes.

    • UnderpantsWeevil@lemmy.world
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      The cops planted the evidence on the first convenient person they found.

      Hardly call his arrest a convenience. They had to chase him halfway across Pennsylvania.

      I’m open to the possibility he was set up. But only in the Lee Harvey Oswald sense (someone mired in radicalism who was tangentially involved). You’re going to have to produce a “second gunman” before I toss the abundance of evidence against him as a fabrication.

  • barneypiccolo@lemm.ee
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    Without the obviously planted evidence, all they have is a video that doesn’t show his face. If i was on the jury, that’s enough reasonable doubt for me.

    • UnderpantsWeevil@lemmy.world
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      I mean, he’d need a functional alibi. So far, nobody seems to want to explain where he was when Thompson got got.

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      I expect they have more than that and will present it at trial.

      • barneypiccolo@lemm.ee
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        1 day ago

        What else could they have? They have a video of the crime, and the evidence they claim they found in his backpack when he was arrested, and a couple pieces of evidence they claim they found at the scene that contain his DNA.

        Much of the backpack evidence is likely to be thrown out, and the video evidence is highly debateable, and easily refutable. That leaves the DNA items they claim were found at the scene, which could easily have been picked up at his hostel, and planted.

        Any other evidence would be far before the crime, or far removed from it, and would be weak at best.

        • catloaf@lemm.ee
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          1 day ago

          To speculate, they might have additional video evidence linking him to the killing. For example, if they have video of the killer getting on the bus, and Luigi getting off that bus, it’s a pretty small pool of suspects.

          • barneypiccolo@lemm.ee
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            1 day ago

            They tracked him for 10 days, and he only revealed his face a single time - when he quickly flashed a smile with a girl flirting with him, and that was days before the hit.

            Their evidence is extremely thin, and they know it.

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              That’s what we know of. They always have more that they don’t disclose to the public.

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                In doubt it, if they had hard evidence that would make all of his supporters shut up, they’d show it, but we’ll find out in the trial.

                Frankly, I don’t care about evidence at all. That CEO was nothing more than a Corporate Serial Killer, who was living fat and happy and entitled on an income of blood money, and whoever did it, did America a favor. If I was on the jury, I would NEVER find him guilty, no matter what the evidence showed.

                • catloaf@lemm.ee
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                  23 hours ago

                  That’s fair. But that also means you’d be first to go during jury selection.

      • HellsBelle@sh.itjust.worksOP
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        Not before they share it with the defense … which is something the prosecution has not fully completed yet.

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          Even if so, I believe that still doesn’t inherently mean it would be accessible by the public.

          • HellsBelle@sh.itjust.worksOP
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            Personally I don’t care if the public sees it or not, because the public is neither judge or jury.

            It matters big time that the defense has full fucking access to the prosecution’s evidence, in a timely manner, so they can develop their strategy.

            • ZMonster@lemmy.world
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              I’m not disagreeing with that, I think you’re missing the point being made. The point is that we may not know that there might be more to it. That is all.

    • Wilco@lemm.ee
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      20 hours ago

      You be careful posting that stuff! Reddit will ban you like they did me! Edit: See they removed your post!

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      Definitely more symbols like him. If he’s found innocent, then we must ask if Luigi’s identity and movement extend to the true killer. If he’s found guilty, then we have a more complex conversation.

      Either way, we need more.

      • Broadfern@lemmy.world
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        2 days ago

        I’m still convinced this poor kid is a patsy because NYPD was facing down a riot, or worse (for them), for the blatant classism in their investigation efforts.

        Unfortunately much of the public has given Luigi credit/deemed him “guilty” out of a need for ideological symbolism and an outlet to express frustration.

        • atempuser23@lemmy.world
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          I’m not sure if he is a patsy or not, but I am relatively certain the police cut corners on due process when collecting evidence and when building their case.

          Those are the kinds of behaviors that police do that only get caught when the defense has sufficient resources to really challenge everything.

          This seems a lot like the OJ Simpson case. Luigi isn’t a celebrity but is a very charismatic whose celebrity has grown nearly overnight.

          There is the possibility that growing celebrity and a properly resourced defense can get crucial evidence removed making it possible for an acquittal.

        • Furbag@lemmy.world
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          I’m also of the opinion that the real killer might have very well gotten away and I seriously would not put it past the dirty cops to have a close lookalike take a fall and plant evidence on him.

          Regardless, what the court of public opinion thinks of the guy who got arrested for the crime in question is, thankfully, still irrelevant in court proceedings. The prosecution still has to prove that it was him, and if they improperly collected the evidence they plan to use against him, it’s going to be an uphill battle.

          • orbituary@lemmy.dbzer0.com
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            I don’t think a cleanly executed hit like what we saw on the video was some random dude like Mangione. The person who so calmly walked up, took aim, shot, and walked away was cold blooded.

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      Is there any other kind of killing? I mean murders are all described as cowardly and brutal. But is there such a thing as a gentle or brave murder?

      • finitebanjo@lemmy.world
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        Yes, actually, both sneaky/covert killings and also accidental killings are still illegal but not very brazen as a broad daylight shooting on the city streets, leaving behind bullet casings with a message etched into them.

        • Phoenicianpirate@lemm.ee
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          Poisoning is considered a next level evil in western culture.

          For example all killings by poison in Canada are considered first degree murder. There are no exceptions.

  • taiyang@lemmy.world
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    Wow, that sketch makes the youthful and confident looking Luigi look more like a mob underling from a GTA game. Yikes

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      The judge on the bench in this case has been insisting on Luigi wearing ankle cuffs, so there’s that for context…

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      There’s also the issue of whether their witness is cooperative or not. There’s always an outside chance that the arresting officer intentionally behaved in a manner that invalidates the evidence, and is willing to testify in a way to support that.

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      I worked in courts and the sketch artists are something else. One time, one of them sketched me in 5min. I looked so bummed and guilty that I felt like I was staring down a 25 year sentence. To this day I still keep the drawing on my wall ( ˘ ³˘)

      • HowAbt2morrow@futurology.today
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        That’s pretty cool that you can have something like that at home. Must make for some cool conversations.

        Between the two of us, how guilty were you? For real though.

        • GreyAlien@lemm.ee
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          Ahah it truly does! Especially when I invite partners, some get uneasy, thinking it’s some kind of trophy of some kind. Can get awkward but it’s a pretty effective glass breaker.

          On the advice of my highly paid counsel, I respectfully decline to answer that question and invoke the fifth, trump style.

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    Merit a hearing = 0 chance, but it shows the public and DA that this is going to be a fight, and to appeals.

    It concerns me that we haven’t had more of this, he should be running a ferociously aggressive defense, the only reasons he wouldn’t are:

    1. Very confident that he can’t be convicted as a matter of law. I suspect convicting him by jury would be hard, but definitely possible. The federal charges are more concerning, the US As have more influence over juries often.

    2. They know this is bad and are waiting to knock out a few key pieces of evidence in a long-shot hail-Mary because it’s their only chance, and otherwise they want room to make a deal.

    I hope it’s not the latter.

    Personally I suspect they’re confident in a hung jury on the state charges but know they’re going down hard on the federal ones, and are trying to spin it as federal overreach, which won’t work but it’s an argument.

    10 years from.now if the pendulum swings back he can appeal and get out that way.

  • catloaf@lemm.ee
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    Unfortunately for him, matching the guy they’re looking for usually counts as reasonable suspicion for a search. I doubt the judge will agree with the defense here.

    Also, remember that they’ve been tight-lipped about how they got the tip in the first place. They never said it was an employee. It could have been a nearby law enforcement officer, or it could have been some surveillance system.

    • tischbier@feddit.org
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      You should read the motion. The motion to suppress isn’t based mistaken identity or identity. The Motion is based around how officers detained/seized the Defendant and items unlawfully. Officers did not give the Defendant the ability to leave (seizure) which means their actions rise to an “investigative detention.” This is a violation of the 4th Amendment and the 14th amendment.

      The Officers detained the Defendant to Interrogate him and because he was not free to leave, the should have Mirandized him at that point. The Officers failed to Mirandize the Defendant during a custodial interrogation which is a violation of the 5th Amendment.

      While I don’t think it was in the PA Defense filing: at one of the hearings there was questions about the chain of custody of the backpack. This could also lead to suppression of evidence (as I believe the gun wasn’t found until after the police took the bag to the station—but I can’t find the source that mentioned this fact now so I’m not sure if this specific facts is accurate anymore).

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    I feel like they had more than enough reasonable suspicion, and that the evidence they found on his person are also very much relevant to the case so it should be presented to the Jury to help them make their decision.

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        14 hours ago

        Match the physical profile, matched the outfit, matched the face, probably smelled like he hadn’t showered in 2 days, just got off a bus from New York carrying a backpack full of cash.

        • dnick@sh.itjust.works
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          They knew he got off a bus from New York and that his backpack was full of cash? By the fact that he was sitting in a mcdonalds?

          And he didn’t match the outfit, just similar. You think the cops from around the us were justified in searching anyone white in a hoodie because someone in New York did something?

          • finitebanjo@lemmy.world
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            Whoever called the tip in probably knew he was between buses, yes. The exact contents of his backpack would be unknown so long as he didn’t retrieve any cash from it during his stop.