Attorneys representing Luigi Mangione are asking a New York judge to dismiss state murder charges related to the killing of UnitedHealthcare CEO Brian Thompson, arguing the charges constitute double jeopardy due to a parallel federal prosecution, as reported by The New York Post.
The motion was filed Thursday in Manhattan Supreme Court and is expected to be addressed during Mangione’s next appearance on June 26.
Mangione, 26, is facing both state and federal charges for the Dec. 4, 2024, killing of Thompson outside a Manhattan hotel, just ahead of UnitedHealthcare’s annual investor conference.
Federal prosecutors have indicated they intend to pursue the death penalty, while the state case carries a potential life sentence.
In a 57-page filing submitted by defense attorneys Karen Friedman Agnifilo, Marc Agnifilo, and Jacob Kaplan, Mangione’s legal team characterized the overlapping prosecutions as “unprecedented prosecutorial one-upmanship.”
They argue that pursuing charges in both jurisdictions amounts to attempting “two bites at the apple to convict Mr. Mangione” and say the process has “trampled his constitutional rights.”
The defense also requested that, if the murder charges are not dismissed, Judge Gregory Carro throw out terrorism-related counts and suppress key evidence, including a 9 mm handgun, ammunition, and a notebook allegedly recovered during Mangione’s arrest in Altoona, Pennsylvania.
Mangione was taken into custody at a McDonald’s five days after the shooting.
According to authorities, Mangione apologized to police at the time of his arrest, stating, “A lot of people will be upset I was arrested,” and expressed concern about the employee who alerted authorities.
Prosecutors allege that Mangione had written about a plan to “wack” an insurance executive in his notebook.
The ammunition recovered was reportedly marked with the words “delay,” “deny,” and “depose,” a reference to perceived insurance industry practices.
The defense contends Mangione was questioned without being informed of his Miranda rights and that evidence was gathered through unlawful searches.
Prosecutors from the Manhattan District Attorney’s Office, led by Alvin Bragg, have not yet responded publicly but are expected to address the claims in court.
Mangione has pleaded not guilty to all charges and remains in federal custody at a facility in Brooklyn. His next federal court date is scheduled for December 5, one day after the anniversary of Thompson’s death.
Last month, U.S. Attorney General Pam Bondi directed federal prosecutors to pursue the death penalty, describing the incident as “an act of political violence” and a “premeditated, cold-blooded assassination that shocked America.”
In addition to murder, Mangione faces federal charges of stalking and firearms offenses.
The defense argues that conflicting narratives between state and federal prosecutors—one alleging terrorism, the other focusing on personal stalking—make it impossible to simultaneously mount an effective legal defense.
They called the current situation “constitutionally fraught” and lacking in precedent.
No trial dates have been set in either the state or federal cases.
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Do I support the concept that both the state and fed should both be able to charge someone for the same crime? No. But AFAIK, this is settled law and he’s not an especially sympathetic candidate to contest this policy.