Luigi Mangione, accused of murdering UnitedHealthcare CEO Brian Thompson, faces a trial marred by public sympathy and accusations of bias.
via: Radar Online
Luigi Mangione could find himself a free man over his rights being completely ignored, according to his legal team.
Thomas Dickey, the defense lawyer for the UnitedHealth CEO killer suspect, filed several motions recently, asking a judge to release Mangione from custody after he was allegedly illegally arrested, RadarOnline.com can reveal.
According to the court document, authorities illegally detained Mangione while trying to identify him at a McDonald’s on December 9, 2024. Dickey claims his client was also interviewed and questioned without reading the 26-year-old his Miranda rights, which the defense said violated the Fifth Amendment.
The lawyer stated Mangione was only read his Miranda rights after nearly 20 minutes of questioning after he identified himself. The document notes despite shaking his head “no” when asked if he wanted to speak to police, investigators continued to interrogate Mangione.
Miranda rights are put in place for a person to be notified of their right to protection against self-incrimination and their right to an attorney if they are questioned by police.
It is noted in the Fifth Amendment.
Legal expert and criminal defense attorney Elliot Silver now tells RadarOnline.com Mangione may have a massive advantage ahead of his trial if he was not read his Miranda rights.
Silver explained: "If the defense’s claims that Luigi Mangione was not properly read his Miranda rights hold, this could have serious legal implications for the prosecution. The Miranda warning exists to protect a defendant’s Fifth Amendment right against self-incrimination.
"Any statements made during custodial interrogation without these rights being properly administered could be deemed inadmissible in court. This would be a significant blow to the prosecution, especially if any key admissions or confessions were obtained without proper advisement."
Silver also revealed the public may shift even further into Mangione's favor if it is discovered his "rights were violated."
"... If the public sees Mr. Mangione as someone whose rights were violated, it could shift sympathy in his favor and strengthen the defense’s argument that law enforcement overstepped its bounds," Silver said.
He continued: "On the other hand, if the severity of the allegations sways public opinion, it can create pressure on the legal system to prioritize a conviction over due process. Regardless of the accusations, the justice system must uphold constitutional protections to ensure that all individuals receive a fair trial regardless of public perception.”
Mangione's lawyer also claimed many pieces of evidence – including a gun investigators claimed was used in the murder of Brian Thompson – should also be tossed from the Ivy League graduate's case due to various constitutional rights violations.
Dickey believes Altoona police did not have a warrant for Mangione’s arrest when they took him into custody at the fast food place, and they simply acted on a "hunch" and violated his client's Fourth and 14th Amendment rights as well as his rights within the Pennsylvania Constitution.
According to Dickey, before arresting Mangione, police had “no paperwork, photo, warrant, communication, or other information in its possession corroborating the speculation that Defendant [Mangione] was in fact the person being sought in New York."
Mangione was charged with the murder of Thompson – who was shot outside a Midtown Manhattan hotel while he was walking to a conference alone in December 2024 – following a five-day manhunt.
When found by police, Mangione allegedly had the gun used, multiple IDs, and a manifesto in his possession.
Mangione has pleaded not guilty to state charges but has yet to enter a plea for federal charges. He faces life in prison without the possibility of parole, if convicted.
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