Day 7 (6 of testimony) of Luigi Mangione Suppression Hearing, Afternoon Session.Joel Seidemann asks to approach the bench with Jacob Kaplan before the next witness is called. Mangione is back seated at the defense table, drinking his from his plastic cup of water.
The state calls Detective Sergeant John Burns of Altoona PD, who like Hanelly, is dressed in a suit. All other Altoona Police Witnesses have been in uniform.
Burns has been with Altoona PD for 12 years. He was previously a patrol officer for 8 years before being transferred to the criminal division as a Corporal, and now he's a Sergeant in narcotics.
Burns confirms he was working on December 9, 2024, typically his shifts are 7am-3pm. Burns is Corporal Trent's boss.
Burns says it's his common practice to listen to dispatch calls on the radio from his office while doing paperwork etc. He heard the call the morning of the 9, and confirmed that he recognized Detweiler's voice responding.
Burns says he then began to follow along, listening, and confirmed he heard the Rosario name come across the radio. He's now being asked to confirm the NYPD Crime Stoppers photos of the suspect- Burns confirms he saw these prior to the 9th via various news outlets and social media. He does not recognize a somewhat blurry photo of the suspect on a bike with a backpack.
The incident video is playing, and Mangione is looking down at his hands.
State asks Burns what he would advise an officer in responding to a call about the potential NYC Shooter, he says "that he's armed and dangerous"
Burns estimates he was at the McDonald's that morning for 30 minutes or so total. Detweiler, Frye, and Hanelly had arrived prior to him.
Burns confirms Hanley was in charge of all things relevant to the "person of interest."
9:41AM, BWC is playing, where we see Burns making a hand motion to Detweiler that indicates he should frisk Mangione (since it's possible he was the NY Shooter).
9:50AM, Burns does a "finger pinching" hand motion to another officer that he describes as a signal to cuff a suspect.
Burns confirms that they were allowing civilians to exit through the side door, but felt that they kept the area around Mangione secure enough.
We are watching the backpack search again by Wasser, at 10:01AM. Burns was heard asking Fox and Wasser to take the information of the McDonald's manager.
We've heard an officer in the background of the BWC say, "It's f*cking him," about 3x now as they replay the footage.
He points out Mangione at the defense table as the suspect.
10:03AM, we hear in the background..
Trent: We probably need a search warrant..
Burns: It doesn't matter, he's under arrest for a crime he committed here in PA, it's search incident to arrest
Burns explains he took 172 photographs of evidence collected from the backpack and Mangione, himself.
State asks if he read every page of the writings in the notebook before taking the photo, and he says yes.
The state says they will try to expedite the review of all 172 photographs in evidence... Burns is looking at a screen on the witness stand, we cannot see the photos.
Burns describes finding a note in an envelope. There was no writing on the envelope, and we are not told the contents of the note. Burns says he did NOT read all of the notes.
Burns describes that he photographed more notes on loose papers, sometimes with writing on the front and back. State makes sure he does not describe any contents of the notes.
State says they are permitted to display the evidence photo 161, which is the note that had writings such as "FBI slow, overnight" etc
Photo 162 has the map of Pittsburgh
There is a Chase Bank envelope with the note
We were shown evidence photos depicting blank pages from the red notebook, and Burns confirmed he photographed those pages as part of standard evidence-documentation procedure.
Burns describes pages of the notebook being torn out.
We are viewing Mangione's passport, Maryland ID, wallet sleeve, and 3 credit cards
Now viewing the cash, US and foreign currency, plus a blue, white and bag pouch or bag, plus a hard drive. There is also a wrinkled envelope off to the side
Evidence Photos: More flash drives, the USB on a necklace (Burns indicated that he does not know what's on any hard drives), a CVS receipt, a blue medical mask, loose string and loose change, blue digital camera, safety pins, more hard drives, cell phone inside "faraday bag" (multiple angles), Apple laptop and "faraday bag" (multiple angles, with serial number showing and laptop opened up and powered on), triple A "Energizer Bunny" batteries, Sandisk drives in packages, USB adapters and thumb drives, pocket knife, zip ties, and misc hygeine items- protein bar, floss.
State has nothing further, and defense requests a short break before cross.
Kaplan is asking about why Burns never moved the backpack, or felt the need move it.
Burns felt again, there were officers in between Mangione and the bag, and he felt like the scene was secure.
Mangione leans back in his chair, touches his chin and watches Burns on the stand. Kaplan is still asking about the backpack, and where Mangione was standing during the search.
Burns says the officers who searched him decided where he would stand.
Kaplan asks if other patrolman ever ask his advice on policies on search and seizures, and he says sometimes.
Kaplan seems to be losing the witness a bit, as it's taking Burns a minute to answer or understand his questioning (Kaplan is speaking a bit fast).
We're watching BWC from 10:03AM where Trent is overheard asking about a warrant.Kaplan has Burns point out another officer saying something about the FBI.Burns responds with the fact that Mangione committed a crime in Pennsylvania, so its search incident to arrest.Kaplan: So the first search warrant doesn't come for hours, right? Like 6pm?Burns: I don't knowKaplan: Did you make any calls to county prosecutors about a warrant?Burns: NoKaplan: And were you there when Officer Wasser found the gun within 5 minutes of being at the station?