DOJ files 144-page opposition defending death-penalty pursuit in Mangione case

📌 Key Facts

• The Justice Department filed a 144‑page omnibus opposition (authored by DOJ attorney Sean Buckley) defending its pursuit of the federal death penalty in the Mangione case, arguing precedent rejects a categorical bar to a congressionally authorized death penalty, that defense challenges are premature, and that New York courts can manage intense publicity through juror questionnaires, individualized voir dire, sequestration and other measures.
• Separate New York state suppression hearings began Dec. 1, 2025 in Manhattan before Judge Gregory Carro to resolve defense motions to suppress statements and backpack evidence seized in Altoona, Pa.; the multi‑day hearings have run through the second week of December, could last more than a week and potentially overlap the Dec. 4 anniversary of the killing (the next federal hearing is set for Jan. 9, 2026).
• Mangione was arrested at a McDonald’s in Altoona, Pennsylvania after a manager’s 911 tip following a five‑day manhunt; Manhattan prosecutors publicly released body‑cam video, the Altoona 911 call and photo exhibits from the arrest, and a judge denied the defense bid to block the arrest video’s public release.
• Prosecutors say officers recovered from Mangione’s backpack and person numerous items tying him to the Manhattan killing, including a 9mm handgun the prosecution says matches the murder weapon, a 3D‑printed receiver and silencer, a loaded magazine (including one found wrapped in wet underwear), ammunition inscribed 'delay/deny/depose,' journals/notebook entries describing intent to 'wack' a health‑insurance executive and other writings described by prosecutors as a manifesto, a fake New Jersey ID in the name 'Mark Rosario,' bus tickets, more than $7,000 in cash, a MacBook, USB on a chain, an escape‑route map, zip ties and a pocketknife.
• The defense argues the backpack search was warrantless after Mangione was handcuffed and surrounded, that officers questioned him for roughly 15–20 minutes before administering Miranda warnings (despite him indicating he did not want to talk), and has moved to suppress the seized items and pre‑Miranda statements, bar non‑eyewitness identification testimony, prevent public dissemination or admission of writings to avoid juror prejudice, and secure unshackled seating for Mangione.
• Prosecutors counter that the search was lawful under officer‑safety, search‑incident‑to‑arrest and/or inventory exceptions (and say a warrant was later obtained), argue the handgun matched the murder weapon, say the only non‑Mirandized statement they intend to use is the alias/false name 'Mark Rosario,' and have indicated they may call more than two dozen witnesses at suppression/trial proceedings.
• Court testimony and played body‑cam footage show Altoona officers recognizing Mangione from media coverage, confronting and questioning him (including warnings about using a fake name), recovering the contested evidence at arrest and booking him on forgery/false‑ID charges after he initially provided a fake ID; Mangione has pleaded not guilty and did not attend one scheduled hearing citing illness.

📰 Sources (28)

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