“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.
I mean, he’d need a functional alibi. So far, nobody seems to want to explain where he was when Thompson got got.
Literally was with me that night. I can describe his very private birthmark if needed.
No he doesn’t, that burden is on the state.
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.
He was vacationing alone in NYC, so nobody knew or noticed him. No different than being home asleep.