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Luigi Mangione lawyer says arrest flaws invalidate evidence – but will it work? (www.theguardian.com)

submitted 4 days ago by [email protected] to c/[email protected]

108 comments fedilink hide all child comments

“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.

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[–] [email protected] 1 points 2 days ago (1 children)

Not really; without the items that were seized, they don't really have much of anything that would link him to the location, aside from some bad security camera footage that, IMO, doesn't really look like him. Insisting that he needs an alibi is reversing the burden of proof; it's saying that, unless he can prove he was elsewhere, then their claim must be correct. But they have so little without the evidence seized at the arrest that the case would be very thin.

Look, if you asked me where I was when The Asshole Brian Thompson was shot, I'd have no fucking idea unless it was something that was a big enough deal that I noted it in my calendar. I don't even remember where I was when 11 Sept. happened.

[–] [email protected] 1 points 2 days ago

Insisting that he needs an alibi is reversing the burden of proof

We'll see if a jury agrees. Maybe he gets off OJ style on the back of a corrupt incompetent PD and gloves that don't fit.

Look, if you asked me where I was when The Asshole Brian Thompson was shot, I’d have no fucking idea

I could tell you I wasn't in Lower Manhattan easily enough. Especially if I was picked up in a different state.

I'd have more confidence in the "he's a patsy" attitude if he'd gotten Jack Ruby'd during the perp walk. But even setting aside the fact that they traced a suspect several hundred miles and picked him up on associated charges (the gun and fake IDs), none of his legal team releases are saying "My client was wrongly identified and the killer is still out there".

Everything is being kept strictly procedural, which is weird if you've got a real CEO Killer still on the loose.