HOLLIDAYSBURG, Pa. – A Blair County judge is ordering the Blair County District Attorney’s Office to provide documentation supporting its denial to a motion seeking Luigi Mangione’s appearance in court.
Blair County Judge Jackie Bernard is also canceling a planned Nov. 7 hearing, for now, over Mangione’s motions in his Blair County forgery and weapons case.
The orders come after months of legal argument over Mangione’s attendance at the hearing, which the Maryland native has sought to personally attend, but federal officials have repeatedly denied while he’s in New York awaiting trial for a UnitedHealthcare CEO’s December death.
Bernard’s three-page order gives Blair County prosecutors 30 days to produce proper documentation from “a pertinent federal authority” to support their filing that Mangione will not be transported by authorities for his now-canceled Blair County hearing.
“(This) information is necessary for purposes of Rule 600 and the Commonwealth’s exercise of due-diligence,” she wrote, referencing the law that dictates a defendant’s right to a prompt trial.
Bernard’s order for documentation from a pertinent authority aligns with Altoona defense attorney Thomas Dickey’s argument that Blair County prosecutors writ of denial was “deficient.”
It included no documentation from federal prosecutors to support an apparent decision to allow Mangione to be transported by U.S. Marshals to Pennsylvania for the hearing. Only a one-page email from a federal data analyst was included as evidence.
Mangione’s most serious charges are filed in New York, but he also faces felonies in Blair County, where he was located and arrested after a nationwide manhunt.
Police allege he gave authorities a fraudulent ID, possessed a weapon used in the shooting and had a notebook that described his motives.
Mangione is contesting those charges.
Dickey has filed motions arguing Mangione was unlawfully detained, searched and arrested, but a hearing to allow both sides’ attorneys to debate those objections cannot occur unless Mangione is either permitted to attend the hearing or decide he will participate by video-conference, Bernard wrote.
The latter is Mangione’s decision to make, she said.
Bernard issued no decision on Dickey’s request for a hearing to discuss Blair County prosecutor’s writ denial.
She said that matter is deferred pending the commonwealth’s compliance with her order this week seeking proper documentation on the transfer request denial.
Bernard said both sides must continue to update her every 60 days about Mangione’s ability – or inability – to participate in any upcoming hearings. That includes filing any updates over whether Mangione would be willing to appear by web conference or if federal officials reverse course and signal they would permit him to appear in person in Blair County.