(NewsNation) — Luigi Mangione is back in court Monday after sickness delayed his bid to get key evidence thrown out last week.
Mangione is accused of fatally shooting UnitedHealthcare CEO Brian Thompson in December 2024. His lawyers want his initial police statements — and key evidence — tossed out altogether.
They claim he was questioned and searched at a McDonald’s in Altoona, Pennsylvania, before being read his Miranda Rights.
Last week the court heard the 911 call that led to Mangione’s arrest, viewed bodycam footage from responding officers and learned details of his detainment.
Officers say Mangione gave a fake name and a false ID. A backpack in his possession included a journal with alleged writings about his dislike of the insurance system, ammunition and a 9 millimeter “ghost gun” they believe was used in the shooting, officers said.
Luigi Mangione appears in Manhattan Criminal Court for an evidence hearing, Monday, Dec. 8, 2025, in New York. (Sarah Yenesel/Pool Photo via AP) 
Luigi Mangione appears in Manhattan Criminal Court for an evidence hearing, Monday, Dec. 8, 2025, in New York. (Sarah Yenesel/Pool Photo via AP) 
Luigi Mangione appears in Manhattan Criminal Court for an evidence hearing, Thursday, Dec. 4, 2025, in New York. (Curtis Means /Pool Photo via AP) 
Luigi Mangione, the suspect in the killing of UnitedHealthcare CEO Brian Thompson, appears at Manhattan Supreme Court in New York City, Sept. 16, 2025. Steven Hirsch/Pool via REUTERS
Judge Gregory Carro will have the final say in what stays and what gets thrown out in Mangione’s state case. Mangione faces trials in federal and state courts, which have different legal standards on the issue.
Mangione’s next federal hearing is set for early next month.
Will Mangione get evidence thrown out?
Police have said the backpack search was justified to ensure there was nothing dangerous inside, and that Mangione’s conversation with officers was voluntary.
Some legal experts tell NewsNation prosecutors could use what’s called the “inevitable discovery doctrine,” meaning police would have found this evidence anyway during a lawful arrest.
Former state attorney for Palm Beach county Dave Aronberg said he expects most of the eviddence to stay in play.
“You can still search someone because you’re protecting yourself as a police officer,” Aronberg said.
But criminal defense attorney Mark Geragos contends that footage evidence shows officers were not searching him in a state of emergency.
“It’s pretty hard to get around the in-real-time evidence that this was not an emergency … they took their time,” Geragos said.
NewsNation’s Natasha Zouves and Michael Ramsey contributed to this report.