Mangione seeks dismissal of death penalty charge

Lawyers for Luigi Mangione have asked a New York federal judge to dismiss some criminal charges, including the sole death penalty, in the alleged murder of UnitedHealthcare’s chief executive.
In documents filed in Manhattan federal court, the attorneys said prosecutors should also be prevented from using statements he made to law enforcement and the backpack containing the gun and ammunition at trial.
They said Mangione was not read his rights before being questioned by law enforcement officers who arrested him after the fatal shooting of Brian Thompson last December.
They added that officers did not obtain a search warrant before searching Mangione’s backpack.
Mangione, 27, has pleaded not guilty to state and federal charges in the shooting death of Thompson as he arrived at a Manhattan hotel for his company’s annual investor conference.
The killing sparked a multi-state search after the suspected shooter fled the scene, biked to Central Park and then took a taxi to a nearby bus depot serving multiple states.
Five days later, a tip from a McDonald’s in Altoona, Pennsylvania, led police to arrest Mangione. He has been held without bail ever since.
Murder cases are usually handled in state courts, but prosecutors also charged Mangione with murders committed with a firearm as other “crimes of violence” under federal law.
This is the only charge for which Mangione could face the death penalty, as it is not used in New York state.
Documents filed early Saturday morning argued that charge should be dismissed because prosecutors failed to identify other crimes necessary to convict him, and said the other alleged crime — stalking — was not a crime of violence.
The assassination and its aftermath captured the imagination of Americans; It has triggered a barrage of anger and online criticism against U.S. health insurers, while making company executives worried about security.
After the murder, investigators found the words “delay,” “deny” and “express” written in permanent marker on ammunition at the scene. These words mimic a phrase used by insurance industry critics.


