Luigi Mangione seeks dismissal of NY murder charges citing double jeopardy
Mangione's lawyers argue his federal guilty plea bars a New York state murder trial under double jeopardy protections. A judge is set to hear oral arguments in December.
Mangione's defence moves to block New York murder trial for second time
Lawyers for Luigi Mangione have filed a new motion asking a New York state judge to dismiss the murder and weapons charges against their client, arguing the prosecution breaches the state's double jeopardy protections, abc7ny.com reports.
Mangione pleaded guilty in federal court in August to stalking charges, admitting he travelled to New York with the intent to kill UnitedHealthcare CEO Brian Thompson and shot him outside the Midtown Hilton hotel. His defence team argues that guilty plea amounts to sufficient prosecution for Thompson's killing and that a state murder trial would constitute double jeopardy.
The motion is the second time Mangione's legal team has sought dismissal on those grounds.
Defence attorney Karen Agnifilo contended there is no legal precedent for the state prosecution proceeding after the federal case was resolved. "There are no cases where the identical conduct — the same victim, the same gun, the same actions by the defendant, the same place and the same time — that was prosecuted by federal authorities was then also prosecuted by state authorities," Agnifilo wrote in the filing.
The filing further argues that the "core misconduct" in both the federal stalking charge and the state murder charge is effectively the same. "Yes, stalking can also, in some circumstances, apply to conduct different and less extreme than intending to kill someone. But this has nothing to do with whether it also applies to intentional killing," the defence filing states.
The Manhattan district attorney's office opposes the motion. Prosecutors argue the federal offence of stalking and the state charge of murder address distinct categories of misconduct and that double jeopardy protections therefore do not apply.
The lead prosecutor in the case maintains that stalking and murder are separate offences under the law.
Manhattan Supreme Court Judge Gregory Carro is scheduled to hear oral arguments in December. He will then decide whether to dismiss the murder indictment against Mangione.
Source: Google News MT — Crime (en)