Luigi Mangione arrest body camera video released as crucial evidence hearing continues
A short portion of police bodycam video of Luigi Mangione's arrest last year at a McDonald's in Altoona, Pennsylvania was released Tuesday.
Officers responded to that fast food restaurant after customers told the manager they were concerned about a man there who looked like the person of interest being sought in the killing of UnitedHealthcare CEO Brian Thompson in New York City.
The video shows two officers approach Mangione in the rear of the McDonald's and ask him to pull down his mask. They ask him his name, and he replies "Mark."
"Mark what?" an officer asks.
"Rosario," Mangione says.
He's then asked for ID and hands officers his fake ID.
The release happened a year after Mangione's arrest for providing a fake ID to officers. His pre-trial evidence suppression hearing continued Tuesday with a fifth day of testimony in New York City.
Mangione's defense team is fighting to keep key evidence gathered during his arrest, including a pistol, notebook and more, out of his murder trial.
Prosecutors argue the search of his backpack, conducted without a warrant, was proper and routine since it happened after Mangione was placed under arrest. Prosecutors say it is in line with standard arrest procedure.
Mangione entered court just before 10 a.m. wearing a navy suit and pink button-down shirt.
"A violent act of cowardice"
Prosecutors started by calling Altoona Police Officer Stephen Fox to the stand. Fox testified he had heard about Thompson's killing on the news.
"I knew it was a violent act of cowardice that targeted a defenseless human being," Fox said.
Fox said when officers encountered Mangione in the McDonald's and they determined Mangione had provided them with the fake name Mark Rosario, he asked "Why are you lying about your name?"
Fox said Mangione wasn't making eye contact with officers at the McDonald's, which made him feel uneasy.
Fox testified he told Mangione he was under official police investigation and read him his Miranda rights, and then frisked him. Mangione told him he had a knife in his pocket. Fox told Mangione that anything he provides to police from that point forward that's false could result in his arrest on false identity charges. Fox told the court he detained Mangione on Pennsylvania charges, not New York ones.
A photo of Mangione was taken by an agent from the Pennsylvania Attorney General's Office to share with the FBI for facial recognition purposes.
"My suspicion was there was something in that bag that would harm human life," Fox told the court.
Fox testified that, even though officers didn't find the gun and silencer until they searched it back at the police department, that he "was satisfied" the bag was not dangerous.
"I did not see any device that appeared to be an explosive device," Fox said.
Body camera video shows two corporals at the McDonald's saying they should get a search warrant, one of whom said they should do so to play it safe because of the severity of the case. Fox disagreed, saying it was a search related to a lawful arrest. Fox said he understood, however, where they were coming from, and pointed out that Mangione was being arrested for a crime committed in their presence in Pennsylvania, and therefore they can search his bag due to that arrest.
"All these people here for a mass murderer"
Fox testified about transporting Mangione to court in Blair County for his arraignment after he was arrested.
At one point Mangione tripped while the two were walking. Fox apologized, saying he forgot Mangione was shackled.
"It's OK, I'm going to have to get used to it," Mangione replied, according to Fox.
"There was a large media presence outside," Fox testified. "Mr. Mangione looked back at all the reporters and stated 'All these people here for a mass murderer, wild.'"
On cross examination, Fox said he read Mangione's Miranda rights quickly. He acknowledged after reading him his rights, he did not ask a question he was supposed to at the end -- "Keeping all of those rights in mind, do you wish to speak with me?"
Legal experts on the move to suppress the evidence
"There's, you know, a significant difference between him being handcuffed especially, and the bag. It's a tough sell to say they were concerned he could somehow get something to hurt them," said Philadelphia-based defense attorney William Brennan, who is not part of Mangione's defense team.
"It was pointed out that nobody cleared the McDonald's, nobody called the bomb squad. It's just an officer sticking her hand in a wet bag and looking for a bomb. And that doesn't really seem like somebody who's generally worried about being blown up," added attorney Richard Schoenstein, who is also not involved in the case.
Schoenstein said that may not be enough to invalidate the entire search.
"It has raised some questions for me that I didn't previously have," Schoenstein said.
"It's not a fatal blow if this evidence is suppressed, but, you know, it's a big-time torpedo hit to the stern," Brennan said.
Brennan pointed to other big evidence in the case like security video of the actual crime taking place.
"There's a weapon"
On Monday, Altoona Police Officer Christy Wasser, who has been with the department for 19 years, testified. She is the officer who searched Mangione's bag.
When officers asked Mangione if there was anything in the backpack they should know about, he replied "I'm just gonna remain silent." Wasser said that immediately made her concerned that there could be a bomb in the bag.
Bodycam video played in court showed officers debating whether they needed a warrant before opening the bag. Inside, Wasser said she found wet underwear wrapped around a loaded magazine, knife and Mangione's passport. They also found a red notebook that appeared to outline escape plans.
The bag was then taken to the police station for a more thorough search.
Wasser could be heard on bodycam video saying "There's a weapon," as she pulled the pistol and what appeared to be a silencer from the bag.
The defense argues all of that should be thrown out because there was no warrant at the time of the search.
Mangione also faces federal charges, that are eligible for the death penalty. He has pleaded not guilty to all the charges.
The evidence suppression hearings will resume Thursday.

