Illuminating a Path Forward: Spending December Fourth at Luigi's Suppression Hearing

Note: This is not meant to be an exhaustive account of courtroom proceedings; it is my own account of attending Luigi's pre-trial suppression hearing on 12/4. 12/5 on will be posted subsequently.

The Morning of the One Year Anniversary:

It was a full moon on the morning of the fourth, and when I woke up, she was still shining, a massive glowing orb lighting my path to the courthouse. I’m a little superstitious about full moons—often opting to stay home to protect myself from the unpredictable energy that they can bring. But on the morning of the anniversary of the alleged shooting, I put all of my worries aside, instead opting to consider the moon’s presence as a watchful eye over me. I arrived at 100 Centre street in the wee hours of the morning, and the wind was absolutely brutal. I bought several of the line sitters, who were standing in a doorway to avoid the wind, coffee and donuts when I arrived. Then I joined the others in line, switching out with Kevin, but not before giving him some hand warmers and a big thank you hug. All my friends seemed really tired and relieved to be done with the night. I felt for them; their stress and exhaustion was palpable. The energy was much more restrained. We entered, and I immediately noticed the absence of members of the media in the hallway barricades. The only ones who remained were David (shoutout to him for coming day after day), and one of the Getty photographers. It was a shame too, because lots of supporters wore statement shirts in the days following December 1st, and so many creative ones too! It’s the perfect way to ensure the media reports on your messaging, one way or another. If you want to make a statement in this way, state court is the only time supporters are photographed inside. Federal does not allow this, so it’s better for those who want to attend and still maintain as much anonymity as possible. (Note: It is important to always stay wary of cameras regardless, even outside the courthouse. Many live streamers have attempted to zoom into my lips to catch my personal conversations while on the line. Never say anything you wouldn’t broadcast on TV while waiting in line.)

There was also a noticeable lack of members of the press inside of the courtroom, when we first filed in. Many of them often seem to file in late (or leave early) so the fullness of the media pews waxes and wanes as the day goes on. They are allotted so much room that they can pretty much waltz in at whatever time and guarantee a good spot for themselves, meanwhile we don’t always get the four whole pews we are usually allotted to—even if the rest of the room is basically empty. If the court officers aren’t feeling it that day, they won’t even let the public sit on the left side like they normally do. They know we want to sit there. They know it’s the only area of the room where the view of Luigi’s actual reactions to the proceedings, the witness, and the judge can be observed well. It’s already bad enough that you can’t hear well in the back, but when you sit on the right side, sometimes all you can see is the judge. You can’t usually see the witness or the defense at all. You’re lucky to even see the DA. Or, worst case scenario, you’ll just get to see the backs of peoples’ heads for 5 hours straight. It frustrates me endlessly that more room isn’t made for the public to bear witness to the proceedings (as it is for the press,) even when the space obviously exists. And while the members of the press already seemed over it by day two, us supporters were more spirited and energetic than ever, even as the days went on.

That day was the first time I got to see any BWC footage. Prior to this hearing, I had only heard the cops’ accounts of Luigi allegedly seeming nervous, or allegedly replying that he “clearly shouldn’t have” given them a fake ID. But seeing the footage in person was so different, and I’m grateful to have been given the opportunity to see it for myself and form my own opinions of what happened in that Altoona McDonalds on December 9th. The days’ testimony was led by Officer Frye, a 26 year old and fairly new officer to the APD who was one of the first responders to the scene. Getting over the initial shock that the officer and I were the same age, I noticed Frye seemed visibly nervous during his whole testimony. Maybe it was his inexperience or the amount of eyes on him, but I could see him shifting in his seat and looking around the room anxiously.

Frye’s Testimony & Cross Examination:

(As in my last article, this won’t be an exhaustive account of his testimony, but rather what stood out to me and my impressions on it.)

• When we first see Frye approach Luigi in McDonalds via Detwiler’s BWC, Luigi seems very confident as he gives the Mark Rosario NJ license over as identification.

• The officers question Luigi briefly about what he’s doing in McDonalds, to which he replies that he “just needed wifi.”

• The officers question him about if he lived or had any family in the area (to which Luigi responded that he was homeless at the moment), and asked him if he had been to New York recently (which he shakes his head at.)

• As they stand over his table, Luigi begins unwrapping his breakfast and eating it, not demonstrating nervous qualities in the slightest. He doesn’t fidget with his belongings or try to move his backpack away from the officers. Frye casually tells Luigi that the steak sandwich he was eating was his favorite.

• When the officers tell Luigi that they were called because he overstayed McDonalds time limit–which Frye admits is not actually why they came nor is it a real policy–Luigi answers back that he hadn’t been there long, and his receipt said 8:55 AM (it was only approximately half past nine AM at this point.)

• Luigi then asks the officers what he can do to not be deemed suspicious next time, to which they reply to not stay as long next time. Luigi seems to reply with a knowing smile/chuckle.

• During this brief questioning as the officers wait around for Luigi’s ID to be called in, Detwiler grabs and moves the backpack away from Luigi without notifying him first.

• In the courtroom, I could see Luigi taking avid notes during Frye’s testimony, and handing blue sticky notes over to his team quite often. He watched the BWC intently. I was shocked that he never seems to yawn or disassociate, even when the judge seems to be falling asleep. He always looks extremely attentive.

• As more officers show up to the McDonalds and surround Luigi, it becomes more apparent that there is no possible exit route left for him. No officer tells Luigi he is detained or arrested by this point, however.

• After a brief pat down search, an officer finally asks Luigi if the backpack is his, to which he says yes. The officers then move the bag and Luigi’s laptop to a table to the right of him, several feet away. Officers stand in the aisle between his table and the one with his belongings on it, completely blocking his access to his belongings and obstructing his view to the search that was beginning to take place.

• One officer asks Luigi if he knows “what all this nonsense is about.” Luigi simply replies “I guess we’re going to find out.” He looks mildly perturbed or taken aback but not nervous at all. He isn’t shifty or antsy. He is very still and quiet.

• At this point, the officers have been made aware that the NJ ID is fake. Patrolman Fox approaches and starts questioning Luigi about the fake NJ ID. He inquires about Luigi’s real name. Luigi is told that if he lies again, he will be detained. Luigi immediately complies and provides officers with his full name.

• They ask him twice why he provided a fake ID, to which he responds initially: “I clearly shouldn’t have.” When asked a second time, Luigi states: “that was the ID I had in my wallet.”

• It is only after this moment, when officers suggested he would not be detained if he properly identified himself, that officers read him his Miranda rights. They ask him if he’d like to make any statements, to which he declines. Fox maintains that he is still not in custody at this moment, even as they perform another patdown and remove items (like a jar of peanut butter) from Luigi’s jacket. Luigi also tells them he has a small and completely legal pocket knife on him, which they remove and place at the table with the rest of his belongings.

• After Luigi is cuffed, he remains standing as he is photographed and Officer Wasser continues to search his bag at the table to his right.

• While we hear her claim that she’s searching just in case there’s something like a bomb in the bag, we see officers fail to secure the busy McDonalds, even allowing patrons to walk directly next to the scene of the search.

• As officers keep arriving, Luigi asks: “can I ask why there are so many cops here?” He says he’s “not that big” and just wearing a puffy jacket. An officer simply replies “just trying to figure it out…”

• After he is cuffed, he is searched again, and officers begin to remove everything from his pockets, even loose change. In the background, one can observe Officer Wasser elbows deep in Luigi’s backpack, pulling objects out and chatting to the officers around her.

• Luigi is taken off of the scene into the patrolcar as they continue to search his bag at McDonalds. In later testimony, APD officers claim that, as per their manuals, searches are always to be done in front of the suspect, unless they believe the suspect could potentially reach dangerous contraband in their bag to retaliate in some way. APD officers also continually testified that searches are almost always done in the presence of the suspect, to protect officers against claims of theft. It was clear that while at the McDonalds, Luigi could not reach his bag while cuffed and separated by several officers. It was also quite clear to me that the search should not have continued outside of his presence, and without a warrant (since there was a potential that the evidence would be useful to the NY case.)

• We don’t see this footage, but Frye testifies that once in the car, Luigi allegedly asked for the officers names and apologized for the “inconvenience of the day.”

• The BWC then snaps to another scene, as the officers are bringing Luigi into the intake area at the precinct. While Luigi is made to strip down to one layer (as per policy), the officers begin asking him intake questions.

• He is asked for an emergency contact, which he initially declines.

• The officers then tell him they are going to perform a cavity search. The BWC camera turns off, and when it turns back on Luigi is red in the face and looks, frankly, humiliated and bewildered. This footage was extremely difficult and enraging to watch. It was clear to me that this was upsetting to Luigi, and I felt awful that he had to relive that several times with all of us in the room. Frye testified that cavity searches are not normally performed, especially if someone is only brought in on forgery charges.

• The officers ask him again about the emergency contact, saying that they need someone to alert if “something were to happen to him” while he was at the precinct. He reluctantly gives his mothers’ information. Though said in a casual manner, this comment seemed very odd and mildly threatening. At the least, it was an invasive way of trying to get information out of him that he had already declined to provide.

• When asked about any scars, marks, or tattoos, Luigi says “back scar” and shows it to officers.

• After a few more questions, they take him back to a holding cell while officers search his backpack in a hallway offscreen.

• We are shown several angles of this BWC footage, along with an exhaustive amount of exhibit photos of the belongings allegedly found on Luigi (like receipts, train tickets, and to-do lists.)

• After the break, the cross examination finally begins. Jacob Kaplan takes the stand in front of Frye. He asks Frye if he’s typically allowed to tell lies (like the one about overstaying at McDonalds) to elicit statements from suspects. Frye says he is allowed to and does do it.

• Frye admits that he did not read Luigi his Miranda rights right away, and confirms that he heard some officers on the scene suggest that the bag be searched back at the station, which was ultimately ignored until a magazine was found.

• Frye claims that Luigi was not argumentative, aggressive, or difficult with officers in any way. Kaplan once again asks if cavity searches are usual for a fraudulent identification charge, especially of a cooperative defendant, to which Frye reiterates that they are not normally done.

What stood out to me most about the BWC footage is how giddy some of the officers seemed that day. Rather than the solemnity and trauma they claimed to feel at the alleged crime being committed, the officers’ laughing faces and lit up eyes only demonstrated the opposite. They seemed excited by the promise of what was to come for their careers if they did secure the “NYC shooter.” It was despicable to see Wasser blatantly ignore suggestions from her colleagues to search the bag at the precinct, and other suggestions that a warrant should be procured if they suspected Luigi of the New York crime, not just the fraudulent ID charge. Instead of heeding their warnings, she pressed on, smiling in wide-eyed amazement when she pulled a magazine out of a pair of underwear, as the other officers excitedly chimed in: “it’s fucking him!”

When looked at in tandem with testimony shared in the days following, it appeared as though the officers were not at all in accord on whether a search incident to arrest was appropriate or if a warrant should have been obtained. I’m not sure if this is bad police training or officers trying to cover their asses (or both), but it gave me second hand embarrassment to watch them celebrate over Luigi’s detainment and pretend to be solemn at the loss or even disturbed by him during their testimony. It just simply was not a believable act. In my own experience, the BWC footage of Luigi’s arrest makes him appear incredibly innocent. He was calm, cooperative, and never seemed anxious. In contrast, the officers’ response seemed overblown and extremely messy. The snippet of the BWC that was unsealed to the media was, coincidentally, the only part of the hours of footage that backs up the prosecution’s claims in any way. Only releasing the part where he gives a fake ID and not the rest of it seems very convenient for their narrative. I’m happy for any of the evidence to be suppressed, of course, but I think the BWC is what really makes it clear how badly the cops messed up, and how they were well aware that what they were doing did not follow policy, yet they went ahead regardless. Their actions made it clear that Luigi was profiled, fit the description in their minds, and so all procedure was off the table: they immediately felt inclined to search, question, and detain Luigi before having substantial evidence to link him to any sort of crime. It was clear to me that they made their minds up before arriving at the scene and likely would have made sure to find a way to detain him, even if he hadn’t provided a fake ID and given them reason to charge him with forgery.

After the Hearing:

That night, after the hearing, our group of recurring attendees banded together to brainstorm how we could make sure no one was camping in freezing temperatures anymore. Those who had endured the camping from the night before reported having to fight exhaustion inside of the courtroom and were extremely nervous about the dangerous things they experienced happening again. We knew there had to be another way that would allow us to get rest, stay warm, and most importantly, be safe. And if the officers refused to help us find a better system, it was up to us to do it instead. All of us were in agreement to meet at the courthouse at the exact same time the next morning and try our hand that way. If the same group of a dozen or so people were coming every day, we could work together to make it easier for each other, instead of competing to be on line by being the earliest possible. Any person not in our chat would still have room to try their hand at attending, since we weren’t a full group of 24 at that point. Many of us were also simply sick and tired of paying line sitters upwards of hundreds of dollars for a spot. There are many individuals that camp out on these lines in hopes of selling the spot to a desperate passerby (basing the price off of your desperation,) and if not, they simply take up a spot inside of the courtroom to sleep. Only some of them leave and give up their number if it is not purchased. We found it truly unacceptable that these people were hoarding spots to something they did not actually care about, when we really wanted to ensure that supporters were there instead.

After discussing with some of the line sitters if they would willingly stop taking up spots, we realized the only way to prevent this from happening was to unionize against them. We couldn’t realistically ask them to give up an opportunity to make money–that much was clear. But if we all showed up together and none of us paid, maybe they’d get the message. So, we took a gamble on this plan. We made a group chat with the recurring attendees so that we could alert people to how many people there were when we arrived, and communicate about any supplies we might need to bring. The plan was to gauge interest from the recurring attendees, see how many planned to come, and what time others would show up. Upon arriving, we were in agreement that if anyone from the public (and not in our chat) was there before us, they would be given their spot numbers, fair and square, before we even thought about numbering ourselves. That way, anyone could go warm up at Dunkin for awhile or grab some food and easily come back to their spot. As we showed up, we’d get our number placements in the order we arrived. If someone who said they wanted to come in the chat ended up arriving at 8am when we were already at capacity, they would simply not be able to make it in. But at least we could tell them, through the chat, that it was already full, so they didn’t have to waste their time coming down to the courthouse and finding out for themselves. And conversely, if we were not at capacity or some people wanted to switch out at lunchtime, we could alert other people that there were spots left and to rush down to the courthouse, always ensuring pews full of supporters.

I felt pretty nervous when I woke up on December 5th, because I truly did not know if our method would work or not. But when I arrived at the courthouse that morning, I was astounded that it actually did. And thankfully so, as Luigi was sick on the 5th, so court was immediately adjourned. I felt concern for Luigi’s condition: it had been so much on our bodies and spirits so I couldn’t imagine how exhausted and under the weather he must have felt. But on the other hand, I felt so much relief that no one had camped in freezing temperatures overnight for that hearing.

From that day on, we were able to work together in a way that I am so proud of, because it meant that we could help each other out and rely on each other, rather than trying to beat one another out for a spot. People who weren’t there can say whatever they want about our methods; it’s easy to criticize something you know nothing about from an anonymous account. But the fact of the matter is that no one should have to camp out like that, and we should be working together to find civilized methods to allow everyone to attend. I implore everyone to come and see how the method has improved the line experience for everyone (even officers have thanked us for being so well behaved,) before spreading misinformation. The fact of the matter is that drama and misbehavior on the line (which is often exacerbated by lack of sleep) makes the officers less inclined to let all of us in, and even less so inclined to allow us to sit on the left side of the room. Last February’s disorganized scene proved this: a smaller room was chosen for the hearing so only 20 supporters were let in that day and officers were very clearly disgruntled. Organizing amongst ourselves and working together is the best way to secure our right to spectate while also showing the media that we are not unhinged fangirls, but steady advocates.

Much like the drama surrounding it, Luigi’s case depends on what is seen, what’s hidden, and who is there to bear witness to either one of these. The full moon can only illuminate so much of the path forward; what comes after depends on what we do with what we observe. Just as we must speak up for Luigi, it is also on us to push back against the blatant lies and rumor mongering that have surrounded our collaborative efforts to make the line more tolerable and accessible. As the full moon illuminates every corner of a darkened alley, it is everyone’s responsibility–whether it comes to the case or to supporters—to question every claim made and to remain vigilant. A reminder: it is up to the prosecution to prove alleged crimes with solid evidence. The defense merely must make sure to cast reasonable doubt on the claims presented, especially when those making them have everything to gain from a guilty conviction. This is about Luigi, yes, but also about how we show up—for each other, for the truth, and for the right to bear witness without being mischaracterized, silenced, or pitted against one another. If we can be more like the full moon—steady, observant, and unwilling to dim one another’s light–we can ensure that the injustices in this case won’t disappear quietly into the dark. And that’s what truly matters the most.

(To be continued.)