2 supervisory officers testify on 6th day of Luigi Mangione's evidence suppression hearing
Two supervisory officers who were at the Altoona, Pennsylvania, McDonald's where accused CEO killer Luigi Mangione was apprehended last December testified Thursday that police did not need a warrant to search his backpack.
Luigi Mangione was in court in New York City for the sixth day of a hearing to determine what evidence will, or will not, be used against him when he goes on trial on charges of gunning down UnitedHealthcare CEO Brian Thompson on a Manhattan sidewalk last year.
Body camera footage was played in court showing Sgt. John Burns, a 12-year veteran of the Altoona Police Department, discussing the situation with a group of officers in the McDonald's on Dec. 9, 2024.
"At this point we probably need a search warrant," Corporal Garrett Trent is heard saying after officers rummaged through Mangione's bag and discovered a loaded handgun magazine.
"I said, 'It doesn't matter, he's under arrest for a crime he's committed here in Pennsylvania, so it's search incident to arrest,'" Burns testified on the witness stand. "My decision was, we did not need a search warrant. He was in custody for an incident in Pennsylvania, so it falls under search incident to arrest."
Burns testified that later, at the stationhouse, he helped photograph some of the evidence collected from Mangione's backpack.
"Were there writings?" prosecutor Joel Seidemann asked. "Yes," Burns replied. "Loose papers containing handwritten notes."
Among the notes Burns photographed was one with a crudely drawn map of Pittsburgh and surrounding cities. Its flip side said, among other things, "pluck eyebrows."
Burns photographed Mangione's "journal," a red notebook with some pages torn out, along with cash, electronic devices, faraday bag and hygiene items he said were taken from Mangione's backpack.
On cross-examination, Burns conceded the photographs had nothing to do with the charges underpinning Mangione's arrest for forgery based on his use of a fake ID.
"Not part of your Altoona forgery investigation," defense attorney Jacob Kaplan said. Burns agreed.
The defense questioned whether the Altoona officers followed their own procedures in their eagerness to help solve a homicide that gained national attention.
Mangione was apprehended at the McDonald's five days after the shooting, after customers thought they recognized the suspect wanted in New York due to his distinctive eyebrows.
Lt. William Hanelly, the highest-ranking officer present at the McDonald's where Luigi Mangione was arrested, testified that he called 911 in New York City on his way to the scene "so we could get the ball rolling."
"We're acting off a tip from a local business here," Hanelly is heard saying on a recording played in court. "We might have the shooter."
Hanelly is then heard clarifying, "The shooter from the UHC," referring to United Healthcare by its initials. Hanelly also says that the individual at the McDonald's "matches the photos that your department put out."
Mangione listened from the defense table as the previously unheard phone call played in the courtroom.
Hanelly stayed on the phone as he arrived at the McDonald's and the call captured him asking one of his subordinates, "Did you pat him down?"
"At that point we had reasonable suspicion to believe he had been involved in a crime of violence in another jurisdiction," Hanelly testified. "He could be armed and dangerous."
Hanelly said he had heard the initial call over the radio dispatching patrolman Joseph Detwiler to the McDonald's and Detwiler's "fairly sarcastic" response. Hanelly testified that while "it seemed preposterous" to him a shooting suspect from a New York City homicide had found his way to Altoona, but texted Detwiler "a gentle reminder" to treat the possibility seriously.
The supervisors, a sergeant and two corporals, briefly were overheard on body camera footage debating whether officers needed a warrant to conduct more than a cursory search of Mangione's backpack, from which police were seen on the footage retrieving the alleged murder weapon, writings, and a note that prosecutors said mentioned "escape routes."
Defense attorneys say the lack of a warrant made the search and seizure illegal, and they are seeking to preclude the contents of the bag.
They also argue officers were too late reading Mangione his Miranda rights and continued to pepper him with questions after he indicated he preferred to remain silent.
Hanelly defended the warrantless search of Mangione's backpack, testifying that he directed officers to take Mangione into custody after consulting with an assistant district attorney about charges. Hanelly said the next step was to search his belongings, which Patrolman Christy Wasser began to do.
"It's a warrant exception in Pennsylvania," Hanelly testified. "Police can search the person and their items."
"She had every right to do so," Hanelly said.
After Mangione was placed in custody, Hanelly called back New York City 911.
"We do believe we have the UHC shooter in custody," Hanelly is heard saying. "We're about five hours from the City of New York."
A short time later, Hanelly received a call from a New York City police lieutenant asking for the address of the Altoona police station because the NYPD was on its way.
The day began with an argument by the defense that prosecutors were trying to "prejudice Mr. Mangione" by releasing CCTV footage that showed the killing of Thompson and the aftermath, in which the suspect is seen running across the street as bystanders point in the suspect's direction.
The defense argued prosecutors had no reason to include the footage in the suppression hearing and accused them of using it as a "vehicle to litigate their case in the court of public opinion" and to "distract from the botched arrest" of Mangione.
Judge Gregory Carro agreed the video is not at issue in the suppression hearing, but said, "We deal with it the way we deal with all the press this case has gotten: in jury selection."
The officers have testified that they lawfully searched Mangione's backpack pursuant to his arrest for showing them a fake ID, and said they were legitimately concerned Mangione may have had a weapon or explosive.
Officers have also testified that their questions to Mangione's about his fake ID and whether his bag contained anything harmful were appropriate under the circumstances.
Prosecutors are expected to rest next week. Judge Gregory Carro is expected to issue a written decision about the evidence sometime in January.
