Luigi Mangione appeared in court on Dec. 1, where his lawyers are asking a judge to exclude evidence from his murder trial.

Mangione, 27, is accused of fatally shooting UnitedHealthcare CEO Brian Thompson outside a Manhattan hotel in December 2024. He faces state and federal murder charges, and if convicted could receive life in prison or the death penalty.

He has pleaded not guilty.

His lawyers are asking the court to toss out a notebook in which he allegedly said he wanted to “wack” a health insurance executive, along with a 9mm handgun. The alleged evidence was found on Mangione’s person when he was arrested at a McDonald’s in Altoona, Pennsylvania on Dec. 9 2024.

Mangione’s attorneys argue the evidence was obtained without a search warrant. The officer searching his backpack can be heard on bodycam audio saying she was ensuring it didn’t contain a bomb.

His lawyers also want the judge to exclude statements Mangione made while he was being questioned by police, but before they informed him of his right to remain silent.

He allegedly gave police the false name “Mark Rosario” when questioned, the same name he used to check into a Manhattan hostel prior to Thompson’s murder.

The evidentiary hearing is expected to last a few days; a trial date has not yet been set.

Mangione allegedly “conducted the carefully premeditated and targeted execution of Brian Thompson to incite national debates,” according to a Department of Justice statement issued last year.

“Thompson was allegedly killed just because he held the position of chief executive officer of a health insurance company. As alleged, Luigi Mangione traveled to New York to stalk and shoot Thompson in broad daylight in front of a Manhattan hotel, all in a grossly misguided attempt to broadcast Mangione’s views across the country,” acting U.S. Attorney Edward Y. Kim said.

Three bullet casings found at the scene of the crime were inscribed with the words “depose,” “delay,” and “deny.” Prosecutors said the words are a reference to the method used by health insurers to avoid paying out insurance claims.

Mangione initially faced two terrorism charges related to the shooting, but these were dropped after a New York state trial court ruled that there was insufficient evidence to support those charges.

“There was no evidence presented that defendant made any demands of government or sought any particular governmental policy change, let alone that he did so by intimidation or coercion,” Justice Gregory Carro wrote in his Sept. 16 ruling.

The Associated Press contributed to this report.