“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.

  • HellsBelle@sh.itjust.worksOP
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    2 days ago

    Not before they share it with the defense … which is something the prosecution has not fully completed yet.

    • ZMonster@lemmy.world
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      2 days ago

      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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        2 days ago

        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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          2 days ago

          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.