“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.
Sure, because his mug shot isn’t a fuzzy pixelated photo.
If they have the wrong person, it should be fairly simple for Luigi to produce an alibi to explain that he wasn’t in Lower Manhattan at the time of the murder.
It’s enormous. 44k mi^2. And he was halfway across it when he was arrested. Again, if he’s innocent, and they just grabbed a random guy out of a random diner in flyover territory, and the guy has a long, established online presence and a penchant for selfies, it shouldn’t be hard at all to say “My cell phone tracking data proves I wasn’t anywhere near Brian Thompson at the time of his death.”