The judge in Luigi Mangione’s state trial set a June 8 trial date for New York’s case against him for the killing of UnitedHealthcare CEO Brian Thompson, leading Mangione to have an outburst Friday as court concluded.
The judge started the proceedings by saying it appears the federal government had reneged on their agreement to let the state trial go first by setting a date of Sept. 8 to begin jury selection in the federal trial, with opening statements on Oct. 13.
However, that trial date may be delayed if the federal government appeals the decision to throw out the charges against Mangione that were eligible for the death penalty. The judge said in the event the federal trial is indeed delayed, then the state trial would proceed on Sept. 8 instead.
The judge told Mangione’s defense attorneys to be ready to proceed on June 8.
Earlier this year, state prosecutors requested a July 1 trial date for Mangione on the state charges. Mangione’s attorneys said this request is unreasonable as they need the rest of the year to prepare for the federal trial.
There were approximately two dozen Mangione supporters in the courtroom Friday. One wore a shirt with the message “Luigi Mangione: Not in the Epstein files” on it.
“Double jeopardy,” Mangione says in court
Mangione’s defense said their client is being put in an untenable situation as the tug-of-war between state and federal prosecutions plays out.
As court concluded, Mangione, who was wearing tan prison clothing and was handcuffed, had an outburst, shouting, “It’s the same trial twice. One plus one is two. Double jeopardy by any common sense definition.”
The Manhattan District Attorney’s office did not comment after court.
Defense attorney Karen Friedman Agnifilo spoke briefly.
“Double jeopardy is meant to protect people, and they’re using it as a weapon here, so it’s unfair,” she said.
Legal expert Rich Schoenstein, who is not affiliated with Mangione’s case, weighed in.
“If he goes to trial in one of these courts and then a jury is sworn in in another court, that is a potential double jeopardy situation, but he’s not subject to double jeopardy yet,” Schoenstein said. “It’s not double jeopardy just because he’s being prosecuted in two different courts. That happens all the time.”
He also said the battle over which case will go first is unusual since normally, he says, prosecutors work together.
“Now what you have is a mess with two courts racing to try to get to the prosecution of this defendant,” he said.
Judge rules federal prosecutors can’t seek death penalty
Mangione, 27, is facing both federal and state charges in the 2024 killing of Thompson. He is accused of gunning the CEO down outside a Midtown hotel, setting off a manhunt spanning several states.
He has pleaded not guilty to all charges.
Federal Judge Margaret Garnett dismissed the federal firearms charges against Mangione that carried the possibility of the death penalty just before the last court date.
But, she left stalking charges in place against him that can bring a maximum punishment of life in prison without the opportunity for parole.
Mangione’s attorney, Karen Agnifilo, thanked the court for “this incredible decision.”
“We’re all very relieved,” Agnifilo said. “We’re prepared, and have been prepared, to fight this case, and we look forward to fighting this case.”
Attempt to bar backpack evidence
Garnett also ruled that evidence taken from Mangione’s backpack during his arrest will be admissible in his federal trial.
The defense asked the judge to suppress the 3D-printed handgun, loaded magazine, notebook, nap and “survival kit” that were in the bag. They said the evidence was recovered during a warrantless search.
Police said it’s standard procedure to take property like a backpack during an arrest. It also would be standard procedure to search the backpack, officers testified.
A decision about the use of the backpack evidence in Mangione’s state trial is expected to be announced in May.
