Luigi Mangione will appear in court as his attorneys seek to have key evidence tossed from state murder case

New York CNN Luigi Mangione the -year-old accused of killing a robustness insurance company executive in a brazen attack that sparked a national debate will appear in court Monday as his attorneys seek to have his diary entries and other key evidence tossed from his state murder scenario Mangione was arrested at a McDonald s in Pennsylvania following a days-long manhunt after United Healthcare CEO Brian Thompson was fatally shot December on a busy sidewalk in midtown Manhattan During the arrest law enforcement recovered several pieces of evidence from Mangione s backpack that government say tie him to the killing Mangione s lawyers argue police illegally searched his bag without a warrant so that evidence should be barred from the state s circumstance Prosecutors denied the defense s asserts and agreed to a hearing on the matter Mangione s defense is battling prosecutors in two cases Lawyers in his federal death penalty episode also are trying to get much of the same evidence tossed That incident returns to court on January The hearing over the disputed evidence in the state situation is expected to last several days with both parties planning to call observers to testify according to court documents Mangione s attorneys have challenged the relevance of a handful of prosecution viewers including a operator and a person who can authenticate McDonald s video evidence Defense attorney Karen Friedman-Agnifilo has inquired Judge Gregory Carro to prevent the prosecution from showing the contents of the writings at the hearing saying they could taint the jury pool She objected to the prosecution s use of the term manifesto calling it a prejudicial invented law-enforcement label She also required the judge to allow at least one of Mangione s hands to be unshackled during the hearing so he can take notes In September Carro dismissed the top two charges against Mangione murder in the first degree in furtherance of an act of terrorism and murder in the second degree as a crime of terrorism after he detected the evidence had not established Mangione committed a terroristic act Mangione still faces nine charges in the state incident and the separate federal death penalty prosecution He has pleaded not guilty to all charges Key pieces of evidence seized During Mangione s arrest last December administration seized several items from his backpack including a handgun a loaded magazine and a notebook with handwritten entries key pieces of evidence that prosecutors allege connect Mangione to the killing The recovered gun lines up with ballistic evidence from the Manhattan crime scene prosecutors explained in court documents Government have called the writings in the notebook a manifesto pointing to sections that detail his frustration with the healthcare industry and his intent to carry out an attack Prosecutors declared the entries establish his responsibility for this vicious crime In a court filing Friedman-Agnifilo argued the writings and all the items recovered from the backpack should not be admissible since police illegally searched the bag without a warrant and there was no immediate threat to justify a warrantless search Police conducted this warrantless search even though there were no exigent circumstances as Mr Mangione was already in handcuffs the backpack was on a table over six feet away and Mr Mangione was separated from this table by a wall of armed officers she wrote Police did not seek a search warrant for the bag until later that evening about seven hours after they first opened the backpack the defense attorney wrote in her filing Prosecutors can overcome the challenge if they can prove the evidence would have inevitably been discovered legally during the class of the scrutiny Even if the judge rules in favor of Mangione prosecutors still have evidence of his DNA or fingerprints on several items discarded by the shooter near the crime scene according to court documents Friedman-Agnifilo also moved to suppress any statements Mangione made to law enforcement before his December extradition to New York claiming officers did not properly advise Mangione of his Miranda rights before they began questioning him in the McDonald s At the fast-food restaurant Mangione allegedly gave police a fake ID bearing the name Mark Rosario but later informed them that was not his real name The same driver s license was used to book a room at the New York City hostel that was tied to the suspect prosecutors stated in court documents Mangione was read his Miranda warnings about minutes after he was first approached by the officers according to his attorney After that he exercised his right to remain silent