Huge case update - the NY state prosecution have responded to Karen's omnibus motion filed in early May that I posted here. In this motion the prosecution asks that Judge Gregory Carro (who will be adjudicating this matter in July according to this motion) deny Karen's relief requests and sets out to debunk her claims in their entirety. In addition to this Joel Seidemann (the prosecutor) has released the contents of Luigi's "to the feds" notes and his journal entries for the first time. I will attach the motion below and do my best to summarise, but I recommend everyone give it a read, as it gives good insight into both the case and the Grand Jury indictment that haven't been referenced before.
Seidemann begins by stating that the prosecution intend to argue against the defense's account of Luigi's arrest and the subsequent evidence suppression motions filed, and have consented to a
Huntley hearing on the statement suppression aspect and a
Mapp hearing on the evidence suppression aspect.
He then moves onto the defense's request to suppress non-eyewitness testimony. He cites case law that such testimony can only be suppressed in the event of a change in appearance of the defendant, and that that particular matter won't be adjudicated until the beginning of trial.
In the next section of the motion he moves onto the procedural background of the crime. Seidemann reveals that Luigi walked past Brian Thompson the day before the murder whilst talking on the phone, and outlines the evidence against Luigi from New York. Ballistic examination of the bullets match them to the gun found in Luigi's backpack, and his DNA matches what was found on the discarded Motarola phone, bag and food wrappings. He also refers to the extensive surveillance footage around New York used to find the hostel where Luigi stayed plus his entry point at a New York bus terminal.
Seidemann then moves onto the terrorism portion of the motion, and it's also the densest part of the document with the most references to case law. Seidemann first provides the definition of terrorism and argues that Luigi's actions fit the definition due to his target, the location of the murder, the bullet inscriptions and his own writings. In NY law in order for a murder to be defined as terrorism it only needs to meet one of the following criteria; 1) intimidates/coerces a civilian population 2) intends to change government policy through violence and coercion and 3) intends to coerce/intimidate a unit of government. Instead of summarising Seidemann's argument I'll provide the screenshots in which he outlines it and leave you guys judge whether his arguments hold any merit.
The next section of the prosecution's motion is concerned with the defense's claims of possible double jeopardy concerns with the state and federal cases. Seidemann argues that KFA is attempting to delay the state trial to Luigi's benefit (a delayed trial is often beneficial to the defense due to degraded eyewitness testimony, for example), and that the federal trial will take years to actually start due to the charges being death eligible. Seidemann notes that the state prosecution is well ahead of the federal prosecution in terms of readiness. In the defense motion Luigi indicates an intention to testify, and Seidemann uses the defense's own arguments in their motion to refute some of their claims concerning double jeopardy in reference to this.
You've probably noticed the oftentimes caustic tone of the motion, and in the final section I sense some personal animus towards KFA. Seidemann absolutely does not agree with her strategy of playing to the media (which he argued previously undermines her claims that Luigi can't be a terrorist if the media sensationalised the crime) and overtly tells Luigi to get another attorney, lol.
Last but not least Seidemann requests that if KFA intends to introduce psychiatric evidence she must turn that documentation over the prosecution. If she doesn't intend to she must write a filing making that clear.
The final part of the motion is dedicated to the exhbits. Here is Luigi's confession letter as it appears in the motion: it's formatted weirdly, and the upside down part on top is actually subsequent to the correctly formatted text.
Below are Luigi's journal entries where he discusses Uncle Ted and how to communicate his message to "normies". These were formatted horizontally in the motion which I have corrected in the screenshots. He mentions "feeling foggy" in the initial entry. The journals are certainly very interesting and beg the question as to his mental state - besides his obvious egotism we've discussed previously he seems fully aware of his actions and the potential fallout, and seems motivated by a sense of personal power and hero fantasies as opposed to caring about health insurance in particular. As a side note I believe the KMD acronym in the first entry refers to "Kill, Maim and Destroy" from 4chan, but I could be wrong.
Seidemann provided an excerpt of his own Grand Jury testimony concerning the terrorism charges.
Other relevant exhibits include warrants issued for Luigi's arrest and a list of the NY state charges.
The Reddit reaction was as expected. Some stans finally accepted that their fantasy boyfriend murdered Brian Thompson while others are steadfast in their "he's innocent and framed!!!!" delusion. Others expressed censorious tendencies by demanding others take down any references to Luigi's journal being shared online. According to lolcow the Twitter reaction to this motion is even more insane.
One particularly illiterate Redditor with no understanding of the US legal system (which I assume they live under) fails to realise that not only did Seidemann address the claimed Miranda violation in the opening page of his motion but that pre-trial hearings are needed to adjudicate the matter (as is standard procedure), and that just because KFA claims the arrest was illegal doesn't mean the judge will agree.
Lolcow farm nonas generally turned against Luigi in the wake of the leaked Whatsapp messages where Luigi drooled over porn cards and bragged about memeing a Yakuza pimp, and are generally far more open to discussing Luigi's character. They also don't deny that he did the crime. However as I reported previously the admins of lolcow are not a fan of the threads due to the influx of non-lowcow users posting in them (usually deranged hybristophiliac sexual fantasies and arguing with users), but also ban users for "a-logging". Some reactions to the motion and Luigi himself are as follows (just to be clear many of these screenshots are weeks/months old and include reactions to the roach letters, Whatsapp texts, letters, etc.)
Finally, I found this rather poignant photo of Luigi from December/January a few weeks ago. Maybe in this moment his fate dawned on him.
