WASHINGTON — The defense attorney for the suspect in the killing of UnitedHealthcare CEO Brian Thompson said he believes bail should have been set for 26-year-old Luigi Mangione.
Tom Dickey, an Altoona, Pennsylvania attorney, addressed the media on Tuesday evening about the extradition hearing for Mangione where a judge denied his bail and they decided to fight extradition.
“So, in Pennsylvania, the Constitution says that all crimes are generally a ‘bailable offense,’” Dickey said. “Bailable offense means you have to set some form of bail.”
Dickey said the exception is if it’s a capital case.
“The judge could set $1 million bail. It could be $5 million bail, but damn it, you get bail. That’s what you do,” he said.
The attorney said “With all due respect to the judge,” he believes bail should have been set.
“We did not waive extradition. We are contesting extradition. We are going to fight this along the rules and with the constitutional protections that my client has and that’s what we’re going to do,” Dickey said earlier in the day.
The court has given Mangione 14 days to file for writ of habeas corpus and another hearing will be scheduled if that happens. In the meantime, Mangione will remain at State Correctional Institute Huntingdon giving prosecutors 30 days to obtain a governor’s warrant.
Dickey told the media there are many benefits to not waiving extradition and it is part of “testing the process.”
Dickey also noted Mangione will plead not guilty to the charges he faces in Pennsylvania, noting he is “not aware of any actual charges in New York.”
“Like I said, I’m not aware of any, actual charges in New York. If you were in the hearing earlier, there was a proceeding where they introduce some documents, which as I complained about, didn’t have enough information to me,” Dickey said.
Mangione was arrested on charges of possession of an unlicensed firearm, forgery and providing false identification to police. A New York criminal complaint lists him as being charged with five counts, including murder, criminal possession of a weapon and criminal possession of a forged instrument.
However, Dickey said he also anticipates a not-guilty plea for Mangione’s murder charge.
“From what I’ve seen, up to this point, he hasn’t been charged with that,” Dickey said. “I don’t really want to speculate, but if in fact that would happen, I would anticipate a plea of not guilty.”
Dickey was asked about Mangione’s demeanor after one reporter noted that the suspect was seen smiling, laughing and one instance where the attorney had to tell him to stop talking. Before the hearing Tuesday, Mangione was seen yelling, “It’s an insult to the intelligence of the American people!” as he was pulled inside the courtroom.
“I said earlier, use your common sense. If you put yourself, you or a loved one in that position. It’s, you know, natural, I think to go through many emotional states,” Dickey said. “As far as him not talking, as long as I want to be a lawyer, I’m going to do all the talking.
Dickey, who was retained to represent Mangione, declined to talk about information Mangione has told him and said he has made a “strong bond” with his client. It is unclear if Dickey was hired by the family.
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