NEW YORK (AP) - Lawyers for Luigi Mangione have petitioned a judge to prevent federal prosecutors from pursuing the death penalty in connection with the killing of UnitedHealthcare CEO Brian Thompson. They argue that the prosecution has tainted Mangione's case by turning his arrest into what they describe as a “Marvel movie” spectacle, and by openly expressing their desire to see him executed.
Following a recent legal victory that resulted in the elimination of terrorism charges in Mangione’s state murder case, his attorneys are now focused on having the federal case dismissed. They point to U.S. Attorney General Pam Bondi's statement made prior to Mangione's April indictment, where she claimed that the killing was a “premeditated, cold-blooded assassination that shocked America” and warranted capital punishment.
The defense's court filing asserts that Bondi's comments, along with a highly publicized perp walk in which Mangione was escorted by armed officers along a Manhattan pier, have violated his constitutional rights and unfairly prejudiced the case against him. Mangione's defense team, led by former Manhattan prosecutor Karen Friedman Agnifilo, requests that U.S. District Judge Margaret Garnett—an appointee of President Joe Biden—intervene to rectify the situation and halt what they view as an unjust death penalty prosecution.
In April, Bondi instructed Manhattan federal prosecutors to seek the death penalty for Mangione—marking the first capital case initiated by the Justice Department since former President Donald Trump took office once again on January 20, 2025, with the intention of reviving federal executions. Mangione's lawyers contend that Bondi's pronouncements, including social media posts and public appearances, reveal that her decision was politically motivated rather than based on legal merit. They also argue that her remarks have compromised the integrity of the grand jury process that subsequently led to Mangione's indictment.
Former President Trump also publicly commented on Mangione’s case, calling him a “pure assassin” in an interview, which the defense argues contravenes court rules that prohibit pretrial publicity that could bias jury members. In their 114-page filing, Mangione's attorneys acknowledge that it is challenging to dismiss an indictment based solely on pretrial publicity. However, they argue that the level of prejudice against Mangione is unprecedented for a defendant facing the death penalty.
Federal prosecutors have until October 31 to respond to the defense's request, while Mangione is scheduled to return to court on December 5, shortly after the beginning of pretrial hearings in his state case. So far, no trial dates have been established for either case. Mangione, 27, has pleaded not guilty to murder charges at both state and federal levels.
The killing of Brian Thompson occurred on December 4, 2024, when a masked gunman shot the 50-year-old from behind as he arrived at a Manhattan hotel for an investor conference. Authorities disclosed that messages such as “delay,” “deny,” and “depose” were inscribed on the ammunition, mimicking a phrase often used to describe how insurers avoid paying claims.
Mangione, who hails from a prominent Maryland family and is an Ivy League graduate, was apprehended five days later in Altoona, Pennsylvania, and had in his possession a 9 mm handgun along with a notebook indicating his intention to “wack” an insurance executive. His legal team claims that the concurrent state and federal prosecutions constitute double jeopardy.
The federal charges against Mangione include murder with a firearm, which carries the potential for the death penalty, as well as stalking and firearm offenses. Recently, a judge in Mangione's state case dismissed specific terrorism charges that could have resulted in a mandatory life sentence without parole. However, the judge rejected a motion to dismiss the entire state prosecution, stating that the argument of double jeopardy is premature until both cases progress further in the legal system.
Although New York does not have the death penalty, the state case includes other charges, such as intentional murder, which could result in a prison term of 15 years to life with the possibility of parole. Despite the gravity of the charges against him, Mangione has garnered a following that expresses frustrations towards the health insurance industry, with a noticeable turnout of supporters at his court hearings, some of whom display “FREE LUIGI” T-shirts as a show of solidarity.
