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Luigi Mangione, accused of murdering UnitedHeathcare CEO Brian Thompson, will not face the death penalty if convicted on federal charges, a judge ruled Friday.
Judge Margaret Garnett dismissed the federal firearms charges against Mangione that carried the possibility of the death penalty, but left in place stalking charges against him that can bring a maximum punishment of life in prison.
Mangione, 27, has pleaded not guilty to both federal and state charges in the killing of Thompson.
Jury selection in the federal case is now set to begin on September 8, although state prosecutors are seeking to try him sooner, as early as July 1.
“What the federal government has done is they’ve charged Mangione with stalking, and they’ve said that is a the crime of violence. And the defense is saying stalking is not necessarily a crime of violence. It is a crime, but it’s not the kind of crime that would underlie the death penalty,” legal expert Richard Schoenstein said. Schoenstein is not directly involved in the Mangione case.
Evidence from Mangione’s backpack can be admitted
The judge also ruled evidence seized during Mangione’s arrest will be admissible in his federal trial.
A 3D-printed handgun, loaded magazine, notebook, map and a “survival kit” were found in a backpack that officers recovered from Mangione at the time of his arrest at an Altoona, Penn. McDonald’s. The defense asked the judge to suppress the evidence, arguing it was a warrantless search.
Police testified that it’s standard procedure to take property like a backpack from a suspect during an arrest. The search of the backpack would have also been standard procedure, officers said.
Mangione back in court Friday
The crucial rulings came as Mangione was due back in court Friday for a hearing regarding his federal case.
Mangione initially faced a four count federal indictment for the killing of UnitedHealthcare CEO Brian Thompson, but his defense team had been fighting to dismiss two counts, which the judge has now agreed to.
The judge is also expected to rule if prosecutors can show jurors certain pieces of evidence, including a 9mm handgun and a notebook found in Mangione’s bag in which they say he described his intent to kill a health insurance executive.
Manhattan DA wants state trial to begin in the summer
The Manhattan District Attorney wants the judge in Luigi Mangione’s state trial to set a date for July 1 to ensure it starts before his federal trial.
Mangione’s attorneys say they need the rest of the year to prepare for the federal trial. They called the request unreasonable.
Man attempts to free Mangione
On Wednesday, a Minnesota man was arrested for allegedly impersonating an FBI agent and trying to free Mangione.
Prosecutors allege Mark Anderson arrived at the Metropolitan Detention Center in Brooklyn, where Mangione is being held, clamed he was an FBI agent with papers from a judge authorizing Mangione’s release, a federal law enforcement source said.
FBI
A search of Anderson turned up a barbecue fork and pizza cutter.
He’s now being held in the same complex as Mangione.
Read the judge’s ruling
