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Luigi Mangione

Judge tosses some evidence in Luigi Mangione case, OKs gun and notebook

Updated May 18, 2026, 1:47 p.m. ET

A New York judge on May 18 partially granted a request to toss some evidence obtained after law enforcement located Luigi Mangione in the wake of the murder of UnitedHealthcare CEO Brian Thompson, but allowed other key evidence to be used at trial.

Mangione, 28, was found at a McDonald's in Altoona, Pennsylvania, days after a five-day manhunt. Authorities say he fatally shot Thompson outside a Midtown Manhattan hotel in New York City on Dec. 4, 2024. He was arrested and charged with nine felony counts, including second-degree murder, in New York state court. Mangione faces separate charges in Pennsylvania and in federal court.

During a nine-day hearing in December 2025, Mangione's attorneys battled prosecutors in New York state court over whether evidence police found in Mangione's backpack at the time – including a notebook, a silencer and a 3D-printed handgun – and statements he later made to law enforcement should be presented at trial.

Mangione's attorneys argued that police searched the backpack multiple times before obtaining a warrant and, therefore, it should be excluded. The defense also asked the court to toss out statements Mangione made to police, arguing that he was interrogated before being read his Miranda rights and after he invoked them.

Prosecutors, meanwhile, argued that the searches were legal and complied with local police procedure. They also said a subsequently obtained search warrant provides an independent basis to admit the evidence.

Acting New York Supreme Court Justice Gregory Carro ruled that some statements Mangione made while in custody at McDonald's and evidence found during the initial search of his backpack must be suppressed, including a cell phone, passport and wallet.

But Carro ruled that a subsequent search of the backpack at the police station, which uncovered a gun and a red notebook, was valid. Carro determined some statements Mangione made to police and correctional officers that were challenged by the defense will also be admissible.

Prosecutors say the notebook contains diary entries written by Mangione that shed light on his decision to target the executive. The entries were made public on June 4 in a filing by the Manhattan District Attorney's Office, which was submitted in response to a motion by Mangione's defense team seeking to stay or dismiss the New York state case against him.

"I finally feel confident about what I will do. The details are coming together. And I don't feel any doubt about whether it's right/justified," Mangione wrote in an entry dated Aug. 15, 2024, according to court records. "I'm glad – in a way – that I've procrastinated [because] it allowed me to learn more about [UnitedHealthcare]."

He describes UnitedHealthcare as a company "that literally extracts human life force for money."

"The target is insurance. It checks every box," he allegedly added.

Despite the "mixed" ruling, the notebook and the weapon will be "very important pieces of evidence" for the prosecution's case, said David A. Harris, a professor of law at the University of Pittsburgh.

"Would it be stronger with some of the evidence that was suppressed?" he said of the case against Mangione. "Sure, but they're not left with nothing."

Cheryl Bader, a professor of law at Fordham University, echoed that sentiment, saying that while the decision is a partial victory for Mangione's defense, it won't derail the prosecution's case. Other purported evidence against Mangione includes items found near the crime scene that authorities say contained his DNA, including a cell phone and a water bottle.

"It doesn't mean that the case can't go forward, right?" she said. "They also have DNA evidence and surveillance photos."

Evidence tossed after conflicting ruling in federal case

Mangione's attorneys in the federal case against him also argued prosecutors should be barred from using evidence found in the backpack because police illegally searched it without a warrant. But U.S. District Judge Margaret Garnett denied Mangione's motion on Jan. 30, finding the "entire contents of the backpack fall squarely within several exceptions to the warrant requirement."

The denial came after a much briefer hearing in which government called just one witness and the defense called none.

Mangione's state trial in New York is scheduled to begin in September and his federal trial is set to start in January.

A spokesperson for the district attorney's office said in a statement that prosecutors look forward to presenting their case. A spokesperson for Mangione's attorneys declined to comment about Carro's ruling.

Contributing: Reuters

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