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  • 18 Posts
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Joined 2 years ago
Cake day: March 14th, 2023
  • fossilesque@mander.xyzOPtoNews@lemmy.world•Luigi Mangione illegally searched during arrest in health insurance CEO killing, lawyer saysEnglish
    201·
    20 hours ago

    Karen Agnifilo’s Full Speech today to Fox News:

    "Luigi thanks everybody for being here today. My name is Karen Friedman Agnifilo, and I am here with Jacob Kaplan and the rest of Luigi Mangione’s legal team. My intention was not to give a press conference, not to give remarks, and not to speak outside of court because I think the most important thing is to speak IN court on the record. But since video cameras, the application for a video of today’s proceeding was denied. I thought I would give the remarks that I gave in court out here so that the people who are interested in hearing what’s happening to LM can hear what’s happening to LM. So I’m going to do my best to stick with the remarks with what was given in court.

    First, I want to start by talking about the fact that LM remains in federal custody, where he is being prosecuted in pre-jurisdictions by the federal government, by NY state, and by Altoona, Pennsylvania, but he’s being held in federal custody. And the Department of Justice has refused to allow him to be in state custody despite the fact that they all agreed that the state court is going to go first. Now, this is problematic for several reasons. Number one, the federal government is still considering whether to execute Luigi and considering whether to seek the death penalty, so we’re fighting that simultaneously while going first here in state court. And it impacts our ability to meet with him before court; after court, he’s constantly surrounded by law enforcement.

    He’s in shackles—he was wearing a vest today, some, uh, look like a—I don’t even know, but a very serious vest? With his legs and arms shackled. And so he’s being treated differently because he’s being held in federal custody than any other person who would be facing serious, uh, murder one charges in New York state court, and I made a record in court today that I don’t understand what this show of danger is for. When I go to visit, uh, Luigi in MDC Brooklyn, I sit with him. He is unshackled; he walks around freely in the visiting area, and we sit in a room together without law enforcement hovering over us. But for whatever reason here, despite all the law enforcement, they need him to be wearing this vest, they need him to be shackled, and they stand right over us, and we get no time to be with us.

    And so he is being treated differently because of this unusual and frankly, uh, just the fact that he is being prosecuted by 3 jurisdictions for ONE event. It is all about one thing. One single event. So we object to that. We also made a record today that although the Manhattan DA’s office has been providing discovery, we are past the discovery deadline, but they have made an effort to make discovery. But what we haven’t received is the police paperwork from NYC. We haven’t received any—they call them “DD5’s,” the follow-up police reports the detectives write. I am sure there will be hundreds of them, and we have not received them yet, which is very important. We have also received the discovery regarding the arrest in the Altoona case and we’ve received a little of that previously and we are concerned that LM’s constitutional rights were violated in PA and there are serious search & seizure issues that will be illitgated in that case PA, and in this case uh, here in the federal case because it is alleged that LM had a gun on him, and other property on him that they are going to use against him and in all the cases and if there is a search and seziure issue, and again we have to review all of the paperwork and camera footage when we receive it before we say definitively whether wre think there is one, and so far we think there is a serious search and seizure issue, and so we want the opportuntity to illitgate it including in PA, where he was supposed to have a court date on February 24th, but the Dept of justice is refusing to transport him, and allow him to face the charges in PA.

    So he cannot litigate those issues in PA. Which brings me to the most important point that we made today, which is LM’s right to a fair trial is being infringed upon because he is publicly treated as guilty and as having the presumption of guilt as opposed to the presumption of innocence, which is what he is entitled to. And although, of course, I understand the NYPD’s need for a press conference before an arrest or after an arrest, which they did here, I didn’t like it, but they did it, and I understood it. What I did not understand, was how shocking it was that this week, on HBO, in a documentary I see the Chief of Detectives and NYC mayor full hair and make up done, sitting down, giving an interview for TV talking about the evidence in Luigi’s case, talking about police paperwork that we don’t have, talking about forensics that we have not yet received, I guess we have now today, but I didn’t when I was sitting there learning about the case hearing an actor playing Luigi reading from a journal that they say is Luigi’s, yet we have yet to receive it from the prosecution. And so it is outrageous that they have time to go and prejudice Mr. Mangione’s ability to receive a fair trial and go out and make these statements but not give this to us, and so we are concerned because if the COD is telling everybody about all of this evidence, and what if it ultimately gets suppressed because it was an illegal search & seizure in Altoona PA, how is he going to get a fair trial? So those are a little bit more than I was allowed to say in court, but that’s the gist of it, that’s what my prepared remarks were, and, uh, hopefully we’ll allow cameras in the court going forward; if not, I will continue to provide information…"

    https://www.youtube.com/live/6ZU6PAogwAE