"I’m very concerned about my client’s right to a fair trial in this case. He’s being prejudiced by some statements that are being made by government officials. Like every other defendant, he’s entitled to a presumption of innocence. But unfortunately the way this has been handled so far his rights are being violated. And as you know, Your Honor, there’s a wealth of case law guaranteeing his rights to a fair trial, but none of the safeguards have been put in place yet here — in fact it’s just the opposite of what’s been happening.
He’s a young man, and he is being treated like a human pingpong ball between two warring jurisdictions here.
These federal and state prosecutors are coordinating with one another at the expense of him. They have conflicting theories in their indictment, and they are literally treating him like he is some sort of political fodder, like some sort of spectacle.
He was on display for everyone to see in the biggest staged perp walk I’ve ever seen in my career. It was absolutely unnecessary. He’s been cooperative with law enforcement. He’d been in custody for over a week. He waived extradition. He was cooperative at all accounts. There was no reason for the NYPD and everybody to have these big assault rifles — that frankly I had no idea it was in their arsenal — and to have all the press there the media there. It was perfectly choreographed.
And what was the New York City Mayor doing at this press conference, Your Honor? That just made it utterly political. And as your honor knows under Loro v. Charles, the Court of Appeals for the 2nd Circuit has held it to be clearly established that these staged perp walks to the media unrelated to a legitimate law enforcement objective is unconstitutional. And I submit that there was zero law enforcement objective to do that sort of perp walk. There’s absolutely no need for that whatsoever.
And frankly, Your Honor, the mayor should know more than anyone about the presumption of innocence that he, too, is afforded dealing with his own issues. And, frankly, I submit that he was just trying to detract from those issues by making a spectacle of Mr. Mangione.
And there are consequences to this.
He has a right to a fair trial. And I just want to put on the record statements that the mayor made publicly about my client. Nothing saying “alleged” for example. And he said “I wanted to send a strong message with the police commissioner that we’re leading from the front. I’m not just going to allow him to come into our city. I wanted to look him in the eye and state ‘You carried out this terrorist act in my city, the city of New York that I love.’” And he wanted to show symbolism.
Your Honor, he’s not a symbol. He’s somebody who is afforded the right to a fair trial. He’s innocent until proven guilty. And the mayor was talking to jurors — future potential jurors that elected him. Those are the people that elected him that he is talking to and calling this man a terrorist.
So, Your Honor, I just want to make a record of this and put everyone on notice that this has to stop, and my client is entitled to a fair trial and the presumption of innocence."
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