去年12月9日，一名警官对一家麦当劳做出回应，目击者称他们可能看到了被指控杀害一名医疗保健首席执行官的男子，这名警官周二作证说，他马上就知道这就是嫌疑人。
“我马上就知道是他，”宾夕法尼亚州阿尔图纳的警官约瑟夫·德特威勒作证说路易吉·曼乔内他被指控于去年在纽约杀害了联合医疗集团的首席执行官布莱恩·汤普森。
27岁的曼乔内周二在法庭上参加了他的州刑事案件的高风险听证会的第二天，他的律师正在努力阻止检察官使用对他不利的关键证据，包括涉嫌谋杀的武器和检察官说相当于认罪的文字，辩称这些证据是在没有搜查令的情况下搜查他的背包时非法获得的。
纽约法官Gregory Carro在结束周二的诉讼前表示，听证会的第三天定于周四举行。在周二休庭之前，他同意了辩方的请求，即在庭审之前，封存庭审期间在法庭上展示的所有证据，此前曼乔内的律师辩称，这些证据“很可能会损害曼乔内获得公平审判的权利”
卡罗说，虽然这些展品将在公开法庭上展示，但不会向媒体公开。
执法部门搜查了曼乔内的背包在宾夕法尼亚州逮捕了他五天前，汤普森在曼哈顿中城的人行道上被枪杀。曼乔内否认杀害了汤普森。
辩护律师声称，Detwiler侵犯了Mangione的权利，询问了他近20分钟，没有向他宣读他的米兰达权利。他们认为，错误应该证明禁止检察官介绍任何关于曼乔内当天早上向警方所做陈述的证词是正确的。
回忆起12月9日的事件，Detwiler作证说，当他接到一个当地麦当劳经理报告一名“看起来像纽约市枪手的男性”的调度电话时，他讽刺地回应道。他说，当他开车去麦当劳时，他甚至没有打开警笛，因为他“没想到会是他。”
“我不认为会是他们认为的那个人，”他作证说，尽管他指出，他的上司承诺，如果他“抓住了纽约市的枪手”，就给他买一个“三明治”
“我说考虑一下吧，”德特韦勒作证说。
作为一名福克斯新闻频道的热心观众，德特韦勒作证说，他“经常”看到谋杀嫌疑人的图像，并熟悉正在进行的高调暗杀的报道。检察官乔尔·塞德曼(Joel Seidemann)浏览了枪击案发生后流传的每一张嫌疑人的照片;每一次，德特威勒都用单调的声音回应，说他在同一个地方看到了这些照片——福克斯新闻频道。
“我看过很多福克斯新闻频道，也看过很多关于这位射手的视频和文章。在那五天之前，我看过这个人的照片很多次，很多次，”他说。
在Detwiler的证词中，检察官首次播放了他在12月9日早上的人体摄像机镜头。录像显示，Detwiler和他的搭档漫不经心地进入麦当劳，然后右转到餐厅的后面，在那里他们发现Mangione坐在一张桌子旁。
“你叫什么名字?”德特韦勒在录像中问道。
“马克，”曼乔内说。
“标记什么?”德特韦勒问道。
“马克·罗萨里奥，”曼乔内说。
检察官指控曼乔内出示新泽西的马克·罗萨里奥的假身份证。检察官在法庭前面的画架上展示了一张放大的海报大小的身份证。
“有人打电话说你很可疑，”德特韦勒在视频中说。“觉得你长得像某个人。”
在人体摄像机中，Detwiler问Mangione最近是否在纽约。
“我想他说是的，但我不能肯定，”Detwiler证实了曼乔内含糊不清的回答。
“你似乎有点紧张。你为什么紧张?德特威勒在对曼乔内进行搜身前在视频中说，这名警官告诉法庭，他这样做是为了他和他的搭档的安全，以确保没有武器。
当Seidemann问Detwiler为什么担心他的安全时，这位警官回答说，“我知道在纽约他们没有找到枪支。”
在人体摄像头上，可以看到Detwiler走出餐厅，打电话给主管。
“是的，他在这里。就是他，”有人听到德维勒说。“他表现得很紧张。我百分之百确定是他。”
根据人体摄像镜头，曼乔内告诉警察他无家可归。
据录像显示，当警察与调度核实曼乔内的身份时，曼乔内坐在自己的桌子旁吃完了早餐。
Detwiler说，他的上司指示他通知Mangione他正在接受警方调查，并再次警告他不要使用假身份证。
根据Detwiler和人体摄像机的镜头，在警告后，Mangione告诉了警方他的真实身份和生日。
当一名官员询问他为什么谎报姓名时，曼乔内在录像中说，“那是我钱包里的身份证。”
根据人体摄像镜头，在承认罪行后，警官斯蒂芬·福克斯(Stephen Fox)于上午9点48分开始向曼乔内宣读他的权利，这是在警官第一次在麦当劳接近他19分钟后。该官员指出，此时Mangione并未被拘留。
两分钟后，福克斯开始逮捕曼乔内，要求他把手放在墙上，因为他的手腕被铐上了手铐和拉链。
在法庭上播放的人体摄像镜头显示，警察在曼乔内笨重的夹克和其他衣服中翻找。德特韦勒在证人席上回忆说，曼乔内穿着至少三层衣服，钱包里有“很多钱”。检察官展示了一张钱包的照片，上面放着几十张百元大钞和外币。
另一名警官克里斯蒂·瓦瑟(Christy Wasser)出现在搜查曼乔内背包的镜头中。Detwiler作证说，对背包的搜查是在Mangione被捕后才开始的，并且是根据宾夕法尼亚州的法律进行的。
“我们搜查每一个被逮捕的人，他们的人和他们的包，”德特威勒说。
检察官介绍了《阿尔图纳警察程序手册》,该手册允许搜查被逮捕者的衣服和包。Detwiler作证说，他不知道纽约的搜查和扣押法律，也不知道纽约法律何时允许对嫌疑人进行讯问。
辩护律师Karen Friedman Agnifilo试图追问Detwiler，在他被正式拘留之前，他是否“战略性地”围困了Mangione超过20分钟。
“我想先确定他是谁，”德特威勒说。"在我确认他的身份之前，他不能自由离开。"
检察官在听证会的第一天周一，首次播放了曼乔内被捕的麦当劳内部的监控录像，商店经理拨打的911电话，他表示担心自己“看起来像纽约的首席执行官枪手”，以及导致他被捕的每分钟调度音频。
一名调度员在法庭上播放的录音中说，“商店里有一名男性，看起来像纽约市的枪手。”。
曼乔内的论点的关键是，当宾夕法尼亚州警察在向他宣读他的权利并在没有搜查令的情况下搜查他的背包之前审问他时，他的宪法权利受到了侵犯。
辩护律师声称，警察在第一次接近曼乔内后等待了近20分钟，广泛询问了他的下落，但没有告知他有权保持沉默。
他们还声称，警察在没有搜查证的情况下搜查了他的背包，据称背包里有一把手枪、一本杂志和他的日记。
援引警方的人体摄像镜头，他们辩称，警察早在上午9点58分就搜查了曼乔内的背包，但一直等到下午5点后才申请搜查令。他们要求法官限制检察官使用证据，因为这是非法搜查的“成果”。
检察官辩称，逮捕和搜查是合法进行的，证据压倒性地证明了曼乔内有罪。
如果辩护律师成功地限制了从曼乔内的背包中缴获的证据和在逮捕他时所做的陈述，他们可能会严重削弱检方对涉嫌谋杀者的起诉。
'I knew it was him immediately,' officer who found Luigi Mangione testifies at evidence hearing
A police officer who responded last Dec. 9 to a McDonald's where witnesses said they may have spotted the man accused of killing a health care CEO testified Tuesday that he knew right away it was the suspect.
"I knew it was him immediately," Altoona, Pennsylvania, police officer Joseph Detwiler testified aboutLuigi Mangione, who is accused of killing United Healthcare CEO Brian Thompson in New York City last year.
Mangione, 27, was in court Tuesday for the second day of a high-stakes hearing in his state criminal case, where his lawyers are fighting to bar prosecutors from using key evidence against him -- including the alleged murder weapon and writings that prosecutors say amount to a confession -- by arguing it was unlawfully seized when his backpack was searched without a warrant.
Day 3 of the hearing is scheduled for Thursday, New York Judge Gregory Carro said before concluding Tuesday's proceedings. Before adjourning on Tuesday, he granted the defense's request to seal all exhibits shown in court during the hearing until the trial, after Mangione's lawyers argued that the exhibits would create a "substantial probability that Mr. Mangione's right to a fair trial will be prejudiced."
While the exhibits will be shown in open court, they will not be distributed to the press, Carro said.
Mangione's backpack was searched by law enforcement as theyarrested him in Pennsylvania, five days after the fatal shooting of Thompson on a sidewalk in midtown Manhattan.Mangione has pleaded not guilty to killing Thompson.
Defense attorneys have alleged that Detwiler violated Mangione's rights by questioning him for nearly 20 minutes without reading him his Miranda rights. They argue that mistake should justify barring prosecutors from introducing any testimony about the statements Mangione made to police that morning.
Recollecting the events of Dec. 9, Detwiler testified that he responded sarcastically when he got the dispatch call that a local McDonald's manager reported a "male who looks like the NYC shooter." He said he didn't even turn on his police sirens when he drove to the McDonald's because he "did not think it was going to be him."
"I did not think it was going to be the person they thought it was," he testified, though he noted his supervisor promised to buy him a "hoagie" if he "got the NYC shooter."
"I said consider it done," Detwiler testified.
An avid watcher of Fox News, Detwiler testified he saw the images of the murder suspect "a lot" and was familiar with the ongoing coverage of the high-profile assassination. Prosecutor Joel Seidemann walked through each of the photos of the suspect that circulated after the shooting; each time, Detwiler responded in a monotone voice that said he saw the pictures in the same place -- Fox News.
"I saw a lot of Fox News and saw a lot of video and articles on the shooter. I saw the person's picture many, many times prior to those five days -- many times," he said.
During Detwiler's testimony, prosecutors for the first time played his body-camera footage from the morning of Dec. 9. The footage showed Detwiler and his partner casually entering the McDonald's before turning right to the rear of the restaurant, where they found Mangione sitting at a table.
"What's your name?" Detwiler asked in the footage.
"Mark," Mangione said.
"Mark what?" Detwiler asked.
"Mark Rosario," Mangione said.
Prosecutors have accused Mangione of showing a fake ID under the name Mark Rosario of New Jersey.Prosecutors displayed a blown-up, poster-sized version of the ID on an easel at the front of the courtroom.
"Someone called and said you were suspicious," Detwiler said in the video. "Thought you looked like someone."
Detwiler is heard on the body camera asking Mangione if he was in New York recently.
"I thought he said yes but I wasn't definitely sure," Detwiler testified about Mangione's mumbled response.
"You seem a little nervous.Why are you nervous?" Detwiler is heard saying in the video before frisking Mangione, which the officer told the court he did for his and his partner's safety to make sure there were no weapons.
When Seidemann asked why Detwiler was concerned for his safety, the officer replied, "I knew up in New York they hadn't found the firearm."
On the body camera, Detwiler was seen stepping out of the restaurant and calling a supervisor.
"Yes, he's here. That's him," Dewiler is heard saying."He's acting real nervous. I'm 100% sure it's him."
According to the body camera footage, Mangione told officers he was homeless.
As officers checked with dispatch to confirm Mangione's identity, Mangione sat at his table to finish his breakfast, according to the footage.
Detwiler said his supervisor instructed him to inform Mangione he was under police investigation and again warn him against using a fake identification.
After the warning, Mangione told police his real identity and birthday, according to Detwiler and the body camera footage.
When asked by an officer why he lied about his name, Mangione said in the footage, "That was the ID I had in my wallet."
After the admission, police officer Stephen Fox began reading Mangione his rights at 9:48 a.m. -- 19 minutes after officers first approached him in the McDonald's, according to body camera footage. The officer noted that Mangione was not in custody at this point.
Two minutes later, Fox began the process of arresting Mangione, asking him to place his hands on the wall as his wrists were handcuffed and zip tied.
Body camera footage played in court showed police rummaging through Mangione's bulky jacket and other garments.Detwiler recalled on the stand that Mangione was wearing at least three layers of clothing and had "a lot of money" in his wallet. Prosecutors showed a photograph of the wallet positioned with dozens of hundred-dollar bills and foreign currency.
Another officer, Christy Wasser, is seen in the footage searching Mangione's backpack. Detwiler testified that the search of the backpack began only after Mangione was placed under arrest and was conducted according to Pennsylvania law.
"We search everyone that's being arrested, their person and their bags," Detwiler said.
Prosecutors introduced the Altoona police procedure manual that allows clothing and a bag of a person being placed under arrest to be searched. Detwiler testified he had no knowledge of New York search and seizure laws or when New York law permits a suspect to be questioned.
Defense attorney Karen Friedman Agnifilo attempted to press Detwiler about whether he "strategically" cornered Mangione for more than 20 minutes before he was officially detained.
"I wanted to identify who he was first," Detwiler said. "He was not free to leave until I identified who he was."
Prosecutors on thefirst day of the hearingon Monday played for the first time security camera footage from inside the McDonald's where Mangione was arrested, the 911 call placed by the store manager who expressed alarm that he "looked like the CEO shooter in New York," and the minute-to-minute dispatch audio leading to his arrest.
"There's a male in the store that looks like the NYC shooter," a dispatcher said in a recording played in court.
The crux of Mangione's argument is that his constitutional rights were violated when Pennsylvania police interrogated him before reading him his rights and searching his backpack without a warrant.
Defense lawyers allege that officers waited nearly 20 minutes after first approaching Mangione, extensively questioning him about his whereabouts without informing him of his right to remain silent.
They also allege that officers searched through his backpack -- which allegedly contained a handgun, magazine, and his journal -- without having a warrant.
Citing police body camera footage, they argue that officers searched Mangione's backpack as early as 9:58 a.m. but waited until after 5 p.m. to seek a warrant. They have asked the judge to limit prosecutors from using the evidence because it was the "fruit" of an illegal search.
Prosecutors argue the arrest and search were conducted lawfully, and that the evidence overwhelmingly proves Mangione's guilt.
If defense attorneys succeed in limiting the evidence seized from Mangione's backpack and statements made during his arrests, they could severely undercut the prosecution's case against the alleged murderer.
