NEW YORK — Lawyers for Luigi Mangione, who faces a federal indictment that could lead to the death penalty if he’s found guilty of murdering UnitedHealthcare CEO Brian Thompson, have called for the charges to be thrown out. They argue in a recent court filing that significant bias from numerous public officials has violated Mangione’s constitutional rights and compromised his chances of a fair trial.
Mangione has entered a plea of not guilty to four federal offenses, one of which includes a count that could result in the death penalty for using a firearm to murder. Accusations detail his actions in tracking Thompson’s location, traveling to New York during Thompson’s attendance at an investor gathering, following him in the street, and eventually discharging multiple rounds from a 9mm gun.
The defense acknowledged the difficulty in having an indictment discarded due to pretrial public exposure but stressed that “the level of bias faced by a defendant in a potential death penalty case has never been this extreme.”
They highlighted a “dehumanizing, unconstitutional” process in New York, in which Mangione was filmed walking out of a helicopter while in restraints, broadcasted widely.
“This was purely for biasing the public against him with no law enforcement justification”, stated defense attorneys Karen Friedman Agnifilo and Avi Moskowitz.
They further alleged that officials, ranging from the United States Attorney General to prominent New York City figures, consistently compromised Mangione’s right to an impartial grand jury and legal process. The court filing asserted that these officials prioritized their personal and political objectives over constitutional rights, violating legal norms, procedural rules, and basic fairness, particularly in this serious case where a life sentence is at stake.
Luigi Mangione, a suspect in the fatal shooting of UnitedHealthcare CEO Brian Thompson, is escorted off of a helicopter by police, Thursday, Dec. 19, 2024, in New York.
AP Photo/Pamela Smith
The defense pointed to public statements, social media posts and television appearances by Attorney General Pam Bondi that they said made clear the decision to seek the death penalty was based on politics and not merit.
In April, Bondi directed federal prosecutors to seek the death penalty for Mangione if he is convicted of Thompson’s murder.
“Mangione’s murder of Brian Thompson — an innocent man and father of two young children — was a premeditated, cold-blooded assassination that shocked America,” Bondi said in a statement at the time.
“The Attorney General of the United States is telling the public that based on her personal experience as a capital prosecutor who tried death penalty cases throughout her career that Mangione is guilty and should be executed,” the defense said. “In addition, she also called the incident ‘an act of political violence’ even though Mr. Mangione was charged in a complaint with stalking a single person who was not a politician, or an activist, and who was not otherwise engaged in politics.”
Meanwhile, a judge this week dismissed two state murder charges related to acts of terrorism as Mangione made his first Manhattan courtroom appearance in five months.
Judge Gregory Carro tossed out first and second-degree murder charges that accused Mangione of murder as a crime of terrorism. The judge said the evidence presented to the grand jury was insufficient to support the terrorism charge.
ALSO READ: NY judge tosses murder charges for Luigi Mangione related to terrorism
Darla Miles reports from Lower Manhattan.
The rest of the indictment remains, with the judge refusing to dismiss another second-degree murder charge, to which Mangione has pleaded not guilty.
“We respect the Court’s decision and will proceed on the remaining nine counts, including Murder in the Second Degree,” the Manhattan District Attorney’s Office said in a statement following the ruling.
Mangione’s next court appearance is in December.
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