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Luigi Mangione, accused in the 2024 killing of UnitedHealthcare CEO Brian Thompson, is in discussions about a possible plea deal on federal charges ahead of a court appearance Friday in New York City, sources familiar with the matter told CBS News.
Mangione, 28, is set to appear at an 11 a.m. conference in U.S. District Court in Manhattan. That meeting is taking place after prosecutors and the defense team sent a letter to federal court Tuesday requesting Friday’s conference. CBS News New York’s Alice Gainer will be inside the courtroom Friday with the latest developments.
Plea discussions between federal prosecutors and defense attorneys have been ongoing and it’s unclear if an agreement has been reached, sources told CBS News.
“I expect plea negotiations to happen in every case, or certainly most cases,” legal expert Richard Schoenstein said.
Attorneys for Mangione have not responded to CBS News New York’s request for comment. A spokesperson for the U.S. Attorney for the Southern District of New York also declined to comment.
Mangione faces both federal and state charges in connection with Thompson’s death. He has pleaded not guilty in both trials.
The federal charges carry a potential maximum life sentence, which Mangione could still face even if a federal plea deal is reached.
“In the federal system, you don’t agree to a sentence as part of a plea deal. You agree to a plea and the crime, and then it has to go to a sentencing hearing in front of the judge,” Schoenstein said.
“Maybe both parties try to, either by a binding agreement or by a suggestion to the court, say, ‘We want some sort of reduced sentence, less than the life in federal prison that was the possibility here,'” CBS News legal contributor Jessica Levinson said.
If a plea deal is reached, it could have an impact on his state trial, which is set to begin next month. That’s because of potential double jeopardy concerns. Double jeopardy refers to a law which says “a person may not be twice prosecuted for the same offense,” although a number of exceptions are listed.
“I would expect the defense to make some sort of motion to preclude further prosecution of the state case on the grounds that it is double jeopardy,” Schoenstein said. “I think the question of whether or not it would be double jeopardy is open and complicated and subject to debate.”
That’s because the federal charges have to do with stalking and interstate charges, whereas the state charges are for second-degree murder, a weapons charge, and a forged instrument charge.
“So the weapons and forged instrument charges would not be resolved by the federal plea, and arguably the intentional killing charge would not be resolved. I do think there’s a serious question as to whether this would be double jeopardy,” Schoenstein said.
“In New York state, there’s more robust protections for defendants around the double jeopardy laws. And so that could be a real issue here, at least one that would merit litigation, if not dismissal,” CBS News legal analyst Caroline Polisi said.
Schoenstein said a federal plea deal would “put some pressure on state prosecutors to reach a deal of their own, or to become part of the deal that is being negotiated between the feds and the defendant, and therefore it could resolve the case on a negotiated level.”
Schoenstein said it could also impact the defense strategy if the state case does go forward, “because if it does go forward he no longer has to worry about a federal trial down the road.”
Legal experts say the case’s national attention and the supporters Mangione has gained could be a factor in the feds wanting to make a deal.
“You have a raised possibility of what we call juror nullification, wherein a jury gets seated and there’s someone in there that just, regardless of hearing any of the evidence, is never going to vote to convict Luigi Mangione,” Polisi said.
It was unclear what charges Mangione would plead guilty to on Friday, and he could reverse his decision at the last minute.
The start of his federal trial, if it moves forward, is set for January.
