Judge Bars Press From Closed-Door Hearing in Mangione Case

The judge overseeing New York’s case against suspected killer Luigi Mangione, the man accused of gunning down UnitedHealthcare CEO Brian Thompson on a Midtown Manhattan street, held a virtual hearing on Wednesday morning without granting access to the public or the press and without providing an explanation.New York Supreme Court Justice Gregory Carro held the hearing behind closed doors even though virtual hearings are usually accessible to the public and the media via TV monitors in the judge’s courtroom. But on Tuesday, the New York State Office of Court Administration informed the media that the hearing would be sealed per a request by the defense.According to The Associated Press, a lawyer representing various news organizations, Jeremy Chase, sent a letter to the judge asking why the hearing was being held out of view. After Mr. Chase did not receive an answer, he called the judge’s chambers on Wednesday morning. The judge’s clerk told him, “We don’t read emails or letters at night. We go home.” The clerk then hung up the phone, the media lawyer wrote in an email to news organizations.The proceeding, which began at 9:30 a.m. and lasted less than an hour, was held inside the judge’s chambers. Judge Carro was back inside his courtroom on the bench at 10:30 a.m. “Just so the record is clear, we did have a virtual proceeding in the People versus Luigi Mangione case,” he said.“Defendant was present. His attorneys were present. The People were present,” the judge continued. “At the request of the defense, that proceeding is sealed at the moment and we have adjourned the case to June 16 and it’s a physical appearance and you’re all invited to be here.”Under the First Amendment, news media and citizens have a constitutional right to attend criminal trials. While this public access is a strong constitutional presumption, it is not absolute. Judges retain the authority to determine whether making a proceeding public could pose a serious risk of harm — in matters of sensitive content, national security, or certain financial issues, for example. Judges are not obliged to provide a reason for sealing a hearing or court documents, but often do.The New York State Office of Court Administration did say in its email on Tuesday that the judge’s upcoming decision on the “pending matter” would be made public.Mr. Mangione faces three separate indictments related to Thompson’s murder. Thompson, a father of two, had traveled to New York from Minneapolis to attend an annual investor conference. The indictments are filed in three different jurisdictions. In federal court, Mr. Mangione is accused of stalking his victim across state lines. In Pennsylvania, where he was arrested five days after the shooting, he is charged with carrying a firearm without a license, forgery (presenting a fake driver’s license), false identification to law enforcement, and tampering with identification. In New York, he is charged with second-degree murder, among other firearm counts. Mr. Mangione has pleaded not guilty to all charges.During the last proceeding at Manhattan Criminal Court, Judge Carro granted permission to suppress some of the evidence from the upcoming trial such as a loaded magazine, Mr. Mangione’s passport, a wallet, and a computer chip. These items were found inside Mr. Mangione’s backpack at the McDonald’s where he was arrested at Altoona, Pennsylvania. The judge found that the arresting officers seized the evidence unlawfully because they searched the backpack without a search warrant.However, the subsequent search of the backpack at the police precinct, the judge ruled, was a “valid inventory search,” and thus the evidence seized there would be admissible. This evidence includes a 3D-printed handgun, which New York investigators say matches shell casings found at the crime scene, and a red notebook with disparaging comments about the healthcare industry.The request to suppress the evidence, which had been brought by the defense, also included statements that Mr. Mangione made before he was given his Miranda warnings by the arresting officers. According to body-worn camera footage and surveillance footage obtained from the McDonald’s, the Pennsylvania officers did not inform Mr. Mangione of his right to remain silent until about 20 minutes after they had begun questioning him.The judge granted the defense request to suppress any statements the defendant made before he was given his Miranda rights. He told the parties that “those issues” would be discussed during the virtual conference on June 3.It remains unclear whether the suppressed statements were discussed during Wednesday’s hearing, or what else was discussed. This is not the first time the judge has sealed discussion with the attorneys from the public and the media. In February, he held a 27-minute, off-the-record bench conference during a public hearing. The Associated Press reported that several journalists sent emails to the judge asking what was said at the bench but, again, received no answer. When they asked a court officer to hand the judge a note, the officer refused.“We’re seeing serious transparency problems and the trial hasn’t even begun,” veteran New York City courts reporter Laura Italiano told the Associated Press on Wednesday. “There’s huge public interest in this case and the judge is carrying on as if that were not the case.”A criminal defense attorney, Thomas Maronick, who knows the Mangione family told The New York Sun in an email that during high-profile trials, “courts often have to balance the public’s interest in transparency against a defendant’s right to a fair trial and the integrity of the proceedings.”Mr. Maronick said that “sealed hearings are generally the exception rather than the rule” but they are not “uncommon” when courts weigh legal interests against the public’s right to know. “Given the extraordinary attention surrounding this case, any decision to limit public access is likely to draw scrutiny, but that does not necessarily mean the court acted improperly,” he said.The state trial is currently set to begin with jury selection on September 8. The next public hearing has been set for June 16, one day after Mr. Mangione is scheduled to appear in federal court for a hearing in his federal case.

Judge Bars Press From Closed-Door Hearing in Mangione Case

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