In papers filed in Manhattan federal court, the lawyers said prosecutors should also be prevented from using at trial his statements to law enforcement officers and his backpack where a gun and ammunition were found.
They said Mangione was not read his rights before he was questioned by law enforcement officers, who arrested him after Brian Thompson was fatally shot as he arrived at a Manhattan hotel for an investor conference.
They added that officers did not obtain a warrant before searching Mangione’s backpack.
Mangione, 27, has pleaded not guilty to state and federal charges in the fatal shooting of Brian Thompson on Dec. 4 as he arrived at a Manhattan hotel for his company’s annual investor conference.
The killing set off a multi-state search after the suspected shooter slipped away from the scene and rode a bike to Central Park, before taking a taxi to a bus depot that offers service to several nearby states.
Murder cases are usually tried in state courts, but prosecutors have also charged Mangione under a federal law on murders committed with firearms as part of other “crimes of violence.” It’s the only charge for which Mangione could face the death penalty, since it’s not used in New York state.
The papers filed early Saturday morning argued that this charge should be dismissed because prosecutors have failed to identify the other offenses that would be required to convict him, saying that the alleged other crime — stalking — is not a crime of violence.
After the killing, investigators found the words “delay,” “deny” and “depose,” written in permanent marker on ammunition at the scene. The words mimic a phrase used by insurance industry critics.
