检方首次播放了导致Luigi Mangione被捕的911电话，涉嫌杀害UnitedHealthcare首席执行官布莱恩·汤普森的嫌疑人周一在纽约市法院举行了为期多天的听证会，可能会决定他在纽约州谋杀案审判中的证据平衡。
27岁的曼乔内在宾夕法尼亚州阿尔图纳的一家麦当劳被捕，五天前，他在曼哈顿中城的汤普森遭遇致命枪击。
根据曼哈顿公开法庭上播放的一段911电话录音，一位不愿透露姓名的麦当劳经理告诉布莱尔县紧急调度员，“我这里有一位顾客，其他一些顾客对此感到怀疑，他看起来像是来自纽约的首席执行官肖特。”
这段录音是在布莱尔县紧急服务中心的911协调员艾米丽·斯陈述证词时播放的。在检察官向法官播放视频之前，她对视频进行了鉴定。
据这位经理说，一位年长的女性顾客在看到曼乔内在麦当劳后面吃早餐后“非常沮丧”和“疯狂”。她注意到顾客正试图“不谨慎”，而她找出了嫌疑凶手。
“我不能接近他，”女经理告诉调度员，通过他的黑色夹克、外科口罩和棕色无檐帽认出了曼乔内。
“他枪杀了首席执行官。我抓住你了，”调度员在某一点上回应道。
录音显示，该经理试图通过曼乔内的体型来识别他——“中等身高”和“中等体重”，但除了他的衣着，似乎很难列出任何可识别的特征。
“你唯一能看到的是他的眉毛，”经理说。“我不知道该怎么办，伙计们。”
录音本身偶尔会被背景中熙熙攘攘的麦当劳的声音所掩盖和打断，包括正在下单的早餐。在录音快结束时，调度员确认一名警官正在前往麦当劳的路上。
“我有一个军官在路上给你。盯着他就好。如果他走了，让我们知道，”调度员说。
曼乔内坐在法庭上，当音频播放时，他在椅子上前倾，偶尔写下通话记录。
据检察官称，曼乔内在麦当劳呆了大约10分钟，当时一名经理在上午9点14分06秒拨打了911，报告顾客对坐在后面角落的一名男性感到“可疑”，他们认为这名男性看起来像是谋杀汤普森的嫌疑人。
“那个人告诉调度员那里有一名男性，顾客说他像纽约市的枪手，”States作证说。
阿尔图纳警方于12月9日上午9点16分被派往麦当劳。
“商店里有一个男性看起来像纽约的枪手，”调度员说，根据法庭上播放的无线电传输录音。
“10-4，我们会在这，”负责此事的警官约瑟夫·德特威勒说。
在录音中，巡警Detwiler后来转述了一份新泽西州驾照上的信息，该驾照以Mark Rosario的名字签发。检察官指控曼乔内给了警察一个假身份证，并在枪击发生前早些时候在纽约入住一家招待所时使用了同一个假身份证。
接报的警官报出了Luigi Mangione的名字和出生日期。
“它从马里兰州回来的回应是，该许可证是有效的，没有权证，”国家作证。
法官尚未裁定是否允许该音频进入庭审。
被捕后，曼乔内被关押在阿尔图纳附近的高安全性监狱SCI Huntingdon，直到12月19日被引渡到纽约。在此期间，宾夕法尼亚州狱警托马斯·里弗斯(Tomas Rivers)周一作证说，曼乔内一直受到监督，以确保他的健康，并表示监狱希望防止出现“爱泼斯坦式的情况”。
曾在英国军队服役的里弗斯说，在监督曼乔内期间，他们两人讨论了“私人医疗和国有化医疗的区别”。
在某个时候，里弗斯作证说，曼乔内说他“想向公众发表一份声明”，尽管警卫说他没有问这是什么，告诉检察官，“我不是在调查这个案件。我不在乎。"
另一名在马太·亨利宾夕法尼亚监狱监管曼乔内的狱警作证说，曼乔内提到他被捕时携带了一把3D打印的手枪，目前是外国人。
辩护律师马克·阿格尼菲洛(Marc Agnifilo)试图质疑曼乔内主动“不知从哪里”告诉一名保安，他带着一把3D打印的枪。
“这是他对你说的一个相当重要的声明，”阿格尼菲洛说。“你写下来了吗?”
“不，”亨利说。
曼乔内的律师试图限制检察官使用关键证据，包括一把3D打印的枪和据称的日记作品，警方说他们去年在宾夕法尼亚州逮捕他时获得了这些证据。
在周一听证会的早些时候，曼乔内靠在他的左手上，盯着法庭前面的大屏幕，盯着纽约市警方在汤普森谋杀案后传播的图像。
据称，这些图像描绘了曼乔内在星巴克、在自行车上、在招待所、在出租车后座上，当这位联合医疗保健公司(United Healthcare)首席执行官漫步走向中城的希尔顿酒店(Hilton)时，他用枪瞄准了汤普森。
杀人事件发生后，NYPD将这些图像发布到社交媒体上，请求公众帮助确定因“有预谋的有针对性的袭击”而被通缉的嫌疑人，并宣布悬赏1万美元征集导致逮捕的信息。
克里斯托弗·麦克劳克林(Christopher McLaughlin)中士站在证人席上，检察官乔尔·塞德曼(Joel Seidemann)播放了一段枪击视频，据称视频显示曼乔内不止一次开枪，汤普森扣在建筑物的正面，曼乔内平静地走过受害者。
检察官似乎打算坚定地将曼乔内确定为最终嫌疑人，因为辩方提出了关于五天后在阿尔图纳麦当劳接近他的警官的问题。
伯纳德·派尔斯为麦当劳安装了监控摄像头的公司工作，他周一作证说，警方要求他取回监控录像。
派尔斯说:“我们被告知有人被捕，他们需要录像。”。“我们在镜头中寻找某个人，以便剪切出他们需要的片段。”
12月9日，麦当劳的摄像头据称捕捉到曼乔内从一个售货亭点餐，在柜台前等待并拿起他的订单。据称，曼乔内出现在另一个摄像头上，他拿着食物，坐在后面角落的一张桌子上，把食物擦干净。
在摄像头显示警察到达并与他对质之前25分钟，被警方确认为曼乔内的那个人一直呆在桌子旁。
辩护律师辩称，阿尔图纳警察在向曼乔内宣读他的权利之前讯问了他20分钟，还在没有搜查令的情况下搜查了他的背包。
周一听证会开始时，坐在法庭后排的近24名曼乔内的支持者伸长脖子看着被指控的杀手走进法庭。一些人穿着t恤，展示关于此案的标语，其中一条写着“正义不是奇观”
虽然曼乔内的州或联邦刑事案件的审判日期尚未确定，但本周听证会的结果将决定曼乔内和他的律师在审判中面临的案件的形状。如果他们成功地限制了关键证据，检察官可能会失去使用曼乔内作品的能力——检察官说，这些作品描绘了犯罪的明确动机——以及所谓的谋杀武器。
“我终于对我要做的事情有信心了，”曼乔内据称在一本被没收的笔记本中写道从他的背包里，后来包括在法庭文件中。“目标是保险。它检查每个盒子。"
本周在纽约州最高法院举行的听证会——曼乔内被控二级谋杀——此前，曼乔内的辩护取得了法律胜利，法官在9月份驳回了两项与恐怖主义行为有关的谋杀指控。他仍然被控二级谋杀和其他罪行，以及在联邦法院的一个单独的刑事案件。如果在州法院被判有罪，曼乔内可能面临终身监禁，在他的联邦案件中，他可能面临死刑。
曼乔内被指控枪杀了汤普森这位两个孩子的父亲在去年12月被任命为首席执行官之前，曾在联合医疗集团工作了20年在据称逃离这座城市之前。他于12月9日在阿尔图纳的麦当劳被捕，此前有人报告称看到一名“可疑男子，看起来像来自纽约市的枪手。”
辩护律师试图禁止检察官使用从背包中找到的任何证据，包括电子设备、3D打印枪、消音器和一本日记，以及参考曼乔内向警方提供的任何陈述。曼哈顿地方检察官办公室的律师为逮捕和搜查的合法性进行了辩护，预计他们会辩称，在审判前的发现过程中，证据不可避免地会被发现。
“尽管曼乔内先生面临最严重的后果，但执法部门有条不紊、有目的地践踏了他的宪法权利，”曼乔内的律师在他们的动议中辩称。
辩护律师认为，在警官接近曼乔内后，宪法问题几乎立即开始，曼乔内当时正坐在麦当劳吃早餐。辩护律师说，在曼乔内据称向警察提供了假驾照后，他们立即开始询问曼乔内最近是否在纽约，以及他为什么谎报身份。辩护律师说，在他接受讯问时，警察挤满了餐厅，形成了一道“武装人墙，将曼乔内先生困在餐厅后面。”
曼乔内的律师引用了警方的人体摄像机镜头，声称警方等了20分钟才阅读他的米兰达权利，并广泛询问了他，没有告诉他他正在接受调查，或者他有权保持沉默。他们要求纽约州最高法院法官Gregory Carro禁止检察官介绍任何与他们所说的麦当劳非法审讯有关的证据或证词。
辩护律师还声称，一名警官在曼乔内接受审讯时非法搜查了他的包，最终发现了一个装有子弹的弹夹和一把手枪。尽管另一名官员评论说，“在这一点上，我们可能需要一个搜查证”来搜查这个包，但曼乔内的律师辩称，这名官员继续搜查这个包，并声称她试图确保包里“没有炸弹或任何东西”。
“[警官]没有搜查这个包，因为她合理地认为可能有炸弹，而是这是一个旨在掩盖非法搜查背包的借口，”他们辩称。“这一编造的炸弹声明进一步表明，即使她当时也认为她的搜索存在宪法问题，迫使她试图通过做出这一虚假声明来挽救这场灾难。”
曼乔内的律师认为，从背包中找到的任何物品，包括他所谓的作品和武器，都应该被限定为非法搜查的“果实”。
在听证会之前，曼乔内的律师已经预演了从阿尔图纳警察局传唤至少两名证人的计划。在上周一场不相关的法庭听证会上，曼乔内的一名律师声称，听证会可能包括20多名证人和数小时的人体摄像镜头。
听证会将于周二继续进行。卡罗法官已经留出几天时间来听取关于证词和证据是否可以被禁止的辩论。
Prosecutors in pretrial hearing play 911 call that led to Luigi Mangione's arrest
For the first time, prosecutors played the 911 call that led to the arrest of Luigi Mangione, as the alleged killer of UnitedHealthcare CEO Brian Thompson is in court in New York City on Monday for a multi-day hearing that could determine the balance of evidence in his state murder trial.
Mangione, 27, was arrested at a McDonald's in Altoona, Pennsylvania, five days after the fatal shooting of Thompson in midtown Manhattan last year.
"I have a customer here that some other customers were suspicious of, that he looks like the CEO shooter from New York," an unnamed McDonald's manager told a Blair County emergency dispatcher, according to a recording of the 911 call played in open court in Manhattan.
The recording was played during the testimony of Emily States, the 911 coordinator for Blair County Emergency Services. She authenticated the video before prosecutors played it for the judge.
According to the manager, an older female customer was "really upset" and "frantic" after seeing Mangione eating breakfast in the rear of the McDonald's. She noted that the customer was trying to be"non-discreet" while she scoped out the suspected killer.
"I can't approach him," the female manager told the dispatcher, identifying Mangione by his black jacket, surgical mask and tan beanie.
"He shot the CEO. I got you," the dispatcher responds at one point.
The manager tried to identify Mangione by his size -- "mid height" and "mid weight" -- but appeared to struggle to list any identifiable characteristics beyond his clothing, according to the recording.
"The only thing you can see are his eyebrows," the manager said. "I don't know what to do here, guys."
The recording itself is occasionally muffled and interrupted by the sounds of a bustling McDonald's in the background, including breakfast orders being placed. Toward the end of the recording, the dispatcher confirms that an officer is en route to the McDonald's.
"I do have an officer on the way for you. Just keep an eye on him. If he leaves, let us know," the dispatcher said.
Mangione, sitting in the courtroom, leaned forward in his chair while the audio played, occasionally writing down notes on the call.
Mangione had been in the McDonald's about 10 minutes when a manager called 911 at 9:14:06 a.m. to report customers were "suspicious" of a male seated in a back corner who they thought looked like the suspect wanted for the murder of Thompson, according to prosecutors.
"The person told the dispatcher that there was a male there, customers say he resembles the NYC shooter," States testified.
Altoona police officers were dispatched to the McDonald's at 9:16 a.m. on Dec. 9.
"There's a male in the store that looks like the NYC shooter,"the dispatcher said, according to a recording of the radio transmission played in court.
"10-4, we'll be on that,"the responding officer, Joseph Detwiler, said.
Patrolman Detwiler is later heard in the recording relaying information from a New Jersey driver's license issued under the name Mark Rosario. Prosecutors alleged Mangione gave police a fake ID and used the same fake ID earlier in New York when he checked into a hostel ahead of the shooting.
Responding officers then called in the name Luigi Mangione and a birth date.
"It came back with a response from Maryland that the license is valid with no warrants," States testified.
The judge has not yet ruled on whether to allow the audio into the trial.
Following his arrest, Mangione was held at SCI Huntingdon, a high-security prison near Altoona, until his extradition to New York on Dec. 19. During that time, Pennsylvania correction officer Tomas Rivers testified on Monday that Mangione was under constant supervision to ensure his well-being, remarking that the prison wanted to prevent an "an Epstein-style situation."
Rivers, who served in the British military, said that while supervising Mangione, the two of them discussed "the difference between private health care and nationalized health care."
At some point, Rivers testified that Mangione said he "wanted to make a statement to the public," though the guard said he didn't ask what it would be about, telling prosecutors, "I'm not investigating the case.I don't care."
Another corrections officer who supervised Mangione at the Pennsylvania prison, Matthew Henry, testified that Mangione mentioned carrying a 3D-printed handgun and foreign currently when he was arrested.
Defense attorney Marc Agnifilo attempted to cast doubt on the claim that Mangione unprompted and "out of nowhere" told a security guard that he was carrying a 3D-printed gun.
"This is a pretty big statement that he made to you," Agnifilo said. "Did you write that down?"
"No," Henry said.
Mangione's attorneys are trying to limit prosecutors from using key evidence -- including a 3D-printed gun and purported journal writings -- police say they obtained when they arrested him in Pennsylvania last year.
Earlier during Monday's hearing, Mangione leaned on his left hand and stared at a large screen at the front of the courtroom, gazing at images police in New York City disseminated following the murder of Thompson.
The images allegedly depict Mangione at a Starbucks, on a bicycle, at a hostel, in the back of a taxi and with a gun taking aim at Thompson as the United Healthcare chief executive strolled toward the Hilton in Midtown.
The NYPD posted the images to social media following the killing as it asked the public for help identifying the suspect wanted for a "premeditated targeted attack" and announced a $10,000 reward for information leading to arrest.
With Sgt. Christopher McLaughlin on the witness stand, prosecutor Joel Seidemann played a video of the shooting allegedly depicting Mangione firing more than once, Thompson buckling against the building facade, and Mangione calmly walking by the victim.
Prosecutors seem intent on firmly establishing Mangione as the definitive suspect as the defense raises questions about officers approaching him five days later at the McDonald's in Altoona.
Bernard Pyles, who works for the company that installed security cameras at the McDonald's, testified Monday that he was asked to retrieve footage for the police.
"We were told there was an arrest made and they need footage," Pyles said."We were looking for a certain individual on the footage in order to cut out the pieces they needed."
On Dec. 9, McDonalds cameras allegedly captured Mangione ordering from a kiosk, waiting at the counter and picking up his order. Mangione is allegedly seen on a different camera carrying his food, taking a seat in a back corner table and wiping it down.
The individual that police identified as Mangione remained at the table 25 minutes before camera showed police officers arriving and confronting him.
Defense attorneys have argued Altoona police officers questioned Mangione for 20 minutes before reading him his rights, and also searched his backpack without a warrant.
Nearly two dozen Mangione supporters seated in the back row of the courtroom craned their necks to get a look at the accused killer as he entered the courtroom at the start of Monday's hearing. Some were dressed in T-shirts displaying slogans about the case, including one saying "Justice is not a spectacle."
Though no trial date has been set for either Mangione's state or federal criminal cases, the outcome of this week's hearing will determine the shape of the case Mangione and his lawyers will face at trial.If they succeed in limiting key evidence, prosecutors could lose the ability to use Mangione's writings -- which prosecutors say paint a clear motive for the crime -- and the alleged murder weapon.
"I finally feel confident about what I will do," Mangione allegedly wrote in a notebook seizedfrom his backpack, later included in court filings."The target is insurance.It checks every box."
This week's hearing in New York's State Supreme Court -- where Mangione is charged with second-degree murder -- follows a legal victory for Mangione's defense when the judge in September tossed two murder charges related to an act of terrorism. He is still charged with second-degree murder and other offenses, as well as a separate criminal case in federal court. If convicted in state court, Mangione faces a potential life sentence, and he could face the death penalty in his federal case.
Mangione is accused of gunning down Thompson-- a father of two who spent two decades working for UnitedHealthcare before being named its CEO -- last Decemberoutside a Midtown Manhattan hotel before allegedly fleeing the city. He was arrested on Dec. 9 at the McDonald's in Altoona after someone reported seeing a "suspicious male that looked like the shooter from New York City."
Defense lawyers are trying to bar prosecutors from using any of the evidence recovered from the backpack -- including electronic devices, a 3D-printed gun, silencer, and a journal -- as well as referencing any statements Mangione made to police. Lawyers with the Manhattan District Attorney's Office have defended the lawfulness of the arrest and search and are expected to argue that the evidence would have inevitably been recovered during the discovery process ahead of trial.
"Despite the gravest of consequences for Mr. Mangione, law enforcement has methodically and purposefully trampled his constitutional rights," Mangione's attorney argued in their motion.
Defense lawyers argue the constitutional issues began almost immediately after officers approached Mangione, who was seated in the McDonald's to have breakfast. After Mangione allegedly provided officers with a fake driver's license, they immediately began questioning Mangione about whether he was recently in New York and why he lied about his identity, defense lawyers say. As he was questioned, defense lawyers say officers filled the restaurant to form an "armed human wall trapping Mr. Mangione at the back of the restaurant."
Citing time-stamped police body camera footage, Mangione's attorneys allege police waited 20 minutes to read his Miranda Rights and extensively questioned him without informing him he was under investigation or that he had the right to remain silent. They have asked New York State Supreme Court Judge Gregory Carro to prohibit prosecutors from introducing any evidence or testimony related to what they say was an illegal interrogation at the McDonald's.
Defense lawyers also contend that an officer illegally searched Mangione's bag while he was being interrogated, eventually discovering a loaded magazine and handgun. Despite another officer commenting, "at this point we probably need a search warrant" for the bag, Mangione's attorneys argue that the officer continued searching the bag and claimed she was trying to make sure there "wasn't a bomb or anything" in the bag.
"[The officer] did not search the bag because she reasonably thought there might be a bomb, but rather this was an excuse designed to cover up an illegal warrantless search of the backpack," they argue. "This made-up bomb claim further shows that even she believed at the time that there were constitutional issues with her search, forcing her to attempt to salvage this debacle by making this spurious claim."
Mangione's attorneys argue that any of the items recovered from the backpack, including his alleged writings and weapon, shouldbe limited as "fruit" of an illegal search.
Ahead of the hearing, Mangione's attorneys have previewed plans to call at least two witnesses from the Altoona Police Department. During an unrelated court hearing last week, one of Mangione's attorneys claimed that the hearing could include more than two dozen witnesses and hours of body camera footage.
The hearing is set to resume on Tuesday. Judge Carro has set aside several days to hear arguments about whether the testimony and evidence can be suppressed.
