Retired NYPD Chief of Department John Chell said on Newsmax Saturday that he expects a judge to allow key evidence in Luigi Mangione's case, even as defense lawyers seek to toss items recovered during his arrest in Pennsylvania amid a public backlash that has split Americans.
The debate intensified this week after newly released body-camera footage showed police confronting Mangione at a McDonald's in Altoona, Pennsylvania, where investigators say he provided a fake name and identification.
Defense lawyers are challenging the search of Mangione's backpack, pointing to footage in which officers discussed whether they needed a warrant. Authorities say items recovered included personal writings and a weapon prosecutors say was used in the killing.
But officers did not need a warrant to search the backpack after the arrest, Chell said on Newsmax's "America Right Now," citing exceptions and standard procedures, including what he described as a "search incidental to lawful arrest" and an inventory search of seized property.
He said the key legal fight will likely hinge on whether Mangione had "immediate control" over the bag when it was searched.
"At the end of the day, inevitably they would have found this gun in this evidence in the bag," Chell said, adding, "I think Judge Gregory Carro will rule in favor of the gun based on inevitable discovery."
Chell also questioned the timing of Miranda warnings shown in the footage, saying that once Mangione was in custody, officers should have stopped questioning him until his rights were read.
"He was not free to go. He was in custody. You have to Mirandize him on any questions you ask," Chell said.
Mangione faces New York state charges and has pleaded not guilty. The evidence dispute is playing out in a Manhattan suppression hearing before Carro, a New York Supreme Court justice.
Chell said investigators may have additional evidence not yet publicly detailed.
"There's a lot we have," Chell said, adding, "This case is going nowhere."
Asked whether the killing could have been prevented, Chell described the suspect as a "lone wolf" and said such cases are difficult to detect in advance. However, he praised NYPD intelligence capabilities and said credible tips would have been vetted.
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Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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