Defense challenge evidence in killing of US health insurance CEO

Mangione, who comes from a wealthy Boston family, has become a lightning rod for anger against the US commercial healthcare system, but also a reminder of growing incidents of deadly violence perpetrated against public figures in the country.

His lawyers requested a preliminary hearing in the murder case brought by the State of New York.

Mangione was arrested at a McDonald's restaurant in the state of Pennsylvania, days after last year's shooting.

Police found in his backpack a pistol equipped with a silencer and a notebook where he wrote grievances against the healthcare system.

According to police, the bullet shell casings at the murder scene matched the weapon Mangione was carrying.

But Mangione's lawyers argue that the defendant's rights were violated.

In their motion, seen by AFP, they say that the evidence recovered from his backpack "must be suppressed because law enforcement failed to obtain a search warrant before searching the backpack."

They also argue that Mangione's statements to police inside the McDonald's should be excluded "as they were the result of custodial interrogation without Miranda warnings" about his rights.  

In September, a judge threw out two terror charges against Mangione, but he is still accused of second degree murder. If convicted he could face life imprisonment without parole. He also faces federal charges.

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