Moments after Luigi Mangione was handcuffed at a Pennsylvania McDonald’s, a police officer searching his backpack found a loaded gun magazine wrapped in a pair of underwear. FOX 5 NY's Jessica Formoso has the latest.

Manhattan

Luigi Mangione returned to a Manhattan courtroom as his pre-trial hearing extended into its third week. Defense attorneys are challenging the admissibility of evidence collected during Mangione's December 2023 arrest, claiming his constitutional rights were violated.

Testimony has focused on Altoona police officers and body camera footage related to the arrest and search of Mangione's belongings, including a backpack containing alleged incriminating items. Prosecutors argue the search was lawful under Pennsylvania law, while the judge's decision on the evidence is still pending as the hearing continues.

Luigi Mangione back in court

Just about an hour, Luigi Mangione back in court for another day of his lengthy pre-trial hearing. Lawyers for the accused CEO killer are questioning the use of evidence that led to his arrest. Jessica Formoso is live in lower Manhattan, where the case is about to go to day number eight, into week number three. Jessica. Good morning, Kurt and Rosanna. We never thought we were going to be into week three, but here we are. And as you mentioned, the defense wants key evidence thrown out of Luigi Mangione's state murder case, saying his rights were violated, his constitutional rights, that is, when he was arrested back in last year in December. Throughout the first two weeks, we saw Mangione in court. He was paying attention to his pre-trial hearing, talking to his legal team, even at times smiling and writing notes. Now, let's go back to Friday. That was the last time court was in session, and that centered around the testimony of two Altoona police officers, as long as—as well as body cam footage from his arrest last December. Altoona police officer Samuel McCoy testified. He told the judge he noticed a backpack on the floor, and he is seen on body cam moving it. He says he asked Mangione if it was his, and Mangione indicates it is. The officer is then heard asking him if he knows what this is about, and Mangione replies, quote, I guess we'll find out. Officer McCoy said that none of Mangione's actions during his arrest were threatening nor seemed desperate. The second officer who took the stand was the officer who oversaw the search of Mangione at the police station. He spoke about the process and the evidence collected. He told the court he helped catalog the items seized and that it was all turned over to the NYPD. He's also heard on body cam video reading Mangione's to-do list over the phone to a contact at the NYPD. Twenty-seven-year-old Luigi Mangione is accused of killing UnitedHealthcare CEO Brian Thompson last year. The defense is arguing that items inside Mangione's backpack, including the alleged murder weapon, the so-called manifesto and a bullet clip, were collected without a search warrant. Therefore, they say that evidence should be tossed out. However, prosecutors say the search followed routine police procedures. The arresting officers who have taken the stand have said they did everything by the book, given Mangione committed a crime in Altoona, that crime, as you may recall, giving the officers a fake name and a fake ID. By Pennsylvania law, that alone, they say, gave them the right to search his backpack, which is what they called search incident to arrest. Now, we are expecting to hear more testimony today, and the judge is expected at some point to hand down a decision. When? Well, that is still unclear. The defense and the prosecution have to rest their case. So we know this is week three, going into week three, and at 9.30, court will resume, and hopefully we'll learn more as to where this trial, pre-trial, I should say, stands. Colonel Rosana. All right. Thank you very much, Jessica.

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