Overview
- Defense filings ask the judge to dismiss the federal count of murder through use of a firearm and a related firearms charge, arguing the stalking predicates are not legally "crimes of violence."
- Lawyers also seek to exclude Mangione’s statements and items taken from his backpack, asserting he was questioned without Miranda warnings and that police searched the bag without a warrant.
- Prosecutors say the Altoona, Pennsylvania arrest yielded a 9mm handgun, ammunition, a fake ID and a notebook with entries that investigators contend illuminate motive.
- Mangione has pleaded not guilty in parallel cases in federal court and in state courts in New York and Pennsylvania, and he has been held without bail since his Dec. 9, 2024 arrest.
- The latest motion follows a September state-court ruling that threw out two terrorism-related counts, while the Justice Department continues to pursue a capital case under a federal firearms statute.