“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.

  • orbituary@lemmy.dbzer0.com
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    2 days ago

    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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        2 days ago

        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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        2 days ago

        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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          1 day ago

          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.