12.11.25 Remarks as Prepared for Delivery by Karen Friedman Agnifilo
The following statement was delivered at the outset of the sixth day of testimony during the People v. Mangione suppression hearing. This will be replaced by an excerpt from the official court transcript when one becomes available later today.
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We bring to the Court’s attention People’s Exhibit 3A, which the People uploaded to their media Dropbox account on Tuesday, December 9, 2024. This exhibit was introduced into evidence on the first day of the hearing, December 1, over the defense’s objection. Yet, despite having never been publicly released or played in court, the People provided it to the media on December 9.
Exhibit 3A consists of two hours and twenty-four minutes of highly sensitive CCTV footage depicting the December 4 crime scene. It was introduced alongside People’s Exhibit 3B, a 50-second excerpt from Exhibit 3A that had previously been released to the media and was played in open court. Unlike 3B, Exhibit 3A has never been publicly disseminated, never been shown in this courtroom, and has never been referenced by any testifying witness.
The defense objected to the introduction of “People’s Exhibit 3” as irrelevant and unduly prejudicial. The People argued that the materials were relevant because they had been released through DCPI. That justification is demonstrably untrue with respect to Exhibit 3A. The rationale the People offered for 3B—its subsequent broadcast on FOX News—does not apply to Exhibit 3A, which has no conceivable relevance to any suppression issue.
The unreleased footage in Exhibit 3A contains more than two hours of graphic and sensitive content: the shooting itself, the victim lying on the ground, civilians interacting with law enforcement, police establishing a crime scene, CPR efforts, the decedent being loaded into an ambulance, and other images that the Manhattan DA’s Office has historically never released—particularly not during a suppression hearing. The irregularity of the People’s conduct is further underscored by their decision not to redact civilian faces, a step they have taken for other exhibits in this hearing and throughout long-standing DA practice. Predictably, once uploaded, footage from this lengthy video immediately circulated across multiple media platforms, where portions of it have already been viewed by countless members of the public.For example, one social media posting already has over 150,000 views and a social media posting by TMZ has over one million views.
Releasing this full, unredacted video served no law enforcement purpose at the time of the incident and played no role in locating the perpetrator, which explains why it was not released then. The only plausible reason for releasing it now—precisely on the anniversary of Mr. Mangione’s arrest—is to influence public perception and materially prejudice Mr. Mangione. The People are plainly attempting to use this suppression hearing as a vehicle to litigate their case in the court of public opinion.
When the People introduced their exhibits, the transcript confirms that they referred only to “People’s Exhibit 3”, never discussing Exhibit 3A or referencing its contents in any examination of the DCPI sergeant or any subsequent witness. The sole justification the People offered for Exhibit 3 was that it had been publicly released by the NYPD and aired by news outlets, including FOX News in Altoona—which is true only of Exhibit 3B.
The People questioned the DCPI sergeant extensively about each publicly released photo and video, yet never once mentioned Exhibit 3A. They elicited testimony that one of DCPI’s “major functions” is to release images that would help locate a suspect. In contrast to the other exhibits introduced through this witness, the People elicited no testimony whatsoever regarding Exhibit 3A, nor did they play it in open court. There was, of course, no legitimate reason to do so. And because it was never played or discussed in court, Exhibit 3A serves no First Amendment access purpose. Its release has only one effect: to prejudice Mr. Mangione before trial.
The People’s introduction of Exhibit 3A was also misleading. In questioning the witness about Exhibit 3, the People repeatedly referred to “the video,” not “the videos.” Both the People and the witness used the singular, and the witness’s testimony clearly addressed only Exhibit 3B. For example, beginning on page 17 of the transcript:
Q: Let’s go to People’s 3. Had you occasion to look at People’s 3?
A: I did.
Q: And was People’s 3 obtained by the New York City Police Department?
A: Yes.
Q: Who obtained it?
A: Detective Diaz.
Q: Who is he with respect to this case?
A: He is assigned from Manhattan South Homicide.
Q: Is he the lead investigator?
A: For the squad, yes.
The People then stated: “I would now like to display the video.” After the Court overruled the defense objection, the People played only Exhibit 3B and concluded their questioning. They never mentioned Exhibit 3A and did not play it. Several witnesses have since testified, and none have referenced Exhibit 3A.
The witnesses called thus far by the People have instead corroborated the defendant’s motion to suppress: that Mr. Mangione was in custody within seconds of Altoona police arriving at the McDonald’s; that officers conducted a warrantless search of his belongings; and that the items searched were not in his immediate control. Rather than confront these constitutional violations, the People are attempting to distract from a botched arrest by shaping the public narrative through the selective and sensational release of evidence.
This sustained and deliberate effort to prejudice Mr. Mangione has real and irreversible consequences. He is facing the death penalty in a concurrent federal case, with a motion pending in front of Judge Garnett.