In a surprising development on Monday, a federal judge reversed her earlier stance and opted to conduct an evidentiary hearing. This proceeding will assess whether the seizure and search of Luigi Mangione’s backpack inside a McDonald’s in Altoona, Pennsylvania, were conducted lawfully during his arrest.

Judge Margaret Garnett, in a recent court order, cited her reconsideration of the arguments presented by both parties during Friday’s session. She also took into account “the seriousness of the charges the Defendant is facing” before changing her previous decision that deemed such a hearing unnecessary.

The anticipated hearing will feature testimony from an Altoona police officer, who will discuss the department’s established procedures for handling and inventorying the personal property of individuals arrested in public locations.

Luigi Mangione is currently facing a suppression of evidence hearing related to the case involving the murder of UnitedHealthcare CEO Brian Thompson. This hearing is set to take place in Manhattan Criminal Court on December 16, 2025, in New York City, as captured in a photograph by Seth Wenig-Pool/Getty Images.

The judge further clarified that the prosecution is not obligated to present one of the officers directly involved in Mangione’s arrest as a witness for the hearing.

This decision follows testimony from several Altoona officers in state court, who addressed Mangione’s request to exclude evidence obtained during his arrest. Among the contested items is a backpack, which allegedly contained the murder weapon.

His lawyers are also asking the judge to eliminate the same items from his federal case. 

Luigi Mangione speaks to a police officer in Altoona, Pennsylvania. (Manhattan District Attorney’s Office)

On Friday, Mangione’s defense team asked the court to bar the government from making his federal trial a capital case. 

Mangione’s federal case is expected to go to trial in December – or possibly January 2027 – if the death penalty remains on the table. If not, the judge said Friday that Mangione could stand trial as early as October.

Luigi Mangione talks with a police officer in Altoona, Pennsylvania. (Manhattan District Attorney’s Office)

No trial date has been set in Mangione’s state murder case, which is expected to be first. 

Mangione is accused of gunning down UnitedHealthcare CEO Brian Thompson on a New York City sidewalk in 2024. He has pleaded not guilty in both courts.