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Dickey petitions on behalf of suspect

Habeas filing asks for proof Mangione was in NYC on Dec. 4, committed shooting

HOLLIDAYSBURG — Altoona defense attorney Thomas M. Dickey has followed through with filing a habeas corpus petition in Blair County court on behalf of the man fighting extradition to New York in the fatal shooting of UnitedHealthcare CEO Brian Thompson.

In the petition filed Thursday at the Blair County Courthouse, Dickey is asking for proof that the 26-year-old Luigi Mangione — arrested Monday in Altoona — was in New York at the time of the Dec. 4 offense. He also asked in the petition for sufficient probable cause indicating that Mangione committed the offense and that Mangione is a fugitive from New York.

Those details are expected to be forthcoming in a Governor’s Warrant that was reported to be under development Thursday in New York City, where the Manhattan DA’s office was said to be presenting evidence to a grand jury and asking for an indictment against Mangione for Thompson’s killing.

By filing the petition Thursday, Dickey was well ahead of a 10-day deadline that Blair County Judge David B. Consiglio set Tuesday for submission of a writ of habeas corpus petition.

But Dickey’s petition also states that he “reserves the right to file an amended and/or supplemental petition upon receipt of additional information and/or Governor’s Warrant.”

Consiglio, in addressing the habeas corpus petition and a companion petition asking again for bail, scheduled a court hearing for 1 p.m. Dec. 30 at the Blair County Courthouse. The judge on Tuesday denied bail.

Dickey, who said after Tuesday’s court hearing that he didn’t have enough information about the pending New York charges, confirmed that position in the petition he filed Thursday and during media interviews.

“As lawyers, we need to see it,” he said, speaking of the evidence.

New York Governor Kathy Hochul told reporters on Thursday that the Manhattan DA’s office is working to make sure the indictment against Mangione will be “ironclad.”

Once that happens, Hochul said she’ll be in a position to issue the Governor’s Warrant that will be sent to Pennsylvania Gov. Josh Shapiro to sign. A spokesman for Shapiro’s office told the Associated Press that the governor is “prepared to sign and process it promptly, as soon as it is received.”

Meanwhile, Dickey also advised the court in his petition that for lack of information about the New York charges, as required by the Uniform Criminal Extradition Act, his client’s incarceration at the State Correctional Institution in Huntingdon is “illegal and unlawful.”

That same act also allows a person to be held for 30 days while authorities seek a Governor’s Warrant.

In the repeat request for bail, Dickey pointed out that because Mangione’s pending New York offense isn’t punishable by death or life imprisonment, Mangione remains entitled to bail.

Mangione also has no bail on the charges Altoona police filed Monday after arresting him at the McDonald’s restaurant at Plank Road, where he was recognized based on photos that New York City police circulated after the fatal shooting.

Altoona police charged Mangione with felony counts of carrying a firearm without a license and forgery and misdemeanor counts of tampering with record, possessing an instrument of crime and providing false ID to law enforcement officers.

Blair County commissioners said Thursday that they had no role in deciding that Mangione would be housed at SCI Huntingdon instead of the county prison. Chairman Dave Kessling also said commissioners had no objection to the chosen location for the defendant.

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