“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.
Merit a hearing = 0 chance, but it shows the public and DA that this is going to be a fight, and to appeals.
It concerns me that we haven’t had more of this, he should be running a ferociously aggressive defense, the only reasons he wouldn’t are:
Very confident that he can’t be convicted as a matter of law. I suspect convicting him by jury would be hard, but definitely possible. The federal charges are more concerning, the US As have more influence over juries often.
They know this is bad and are waiting to knock out a few key pieces of evidence in a long-shot hail-Mary because it’s their only chance, and otherwise they want room to make a deal.
I hope it’s not the latter.
Personally I suspect they’re confident in a hung jury on the state charges but know they’re going down hard on the federal ones, and are trying to spin it as federal overreach, which won’t work but it’s an argument.
10 years from.now if the pendulum swings back he can appeal and get out that way.