Courtroom Developments in the Luigi Mangione Hearing
The New York State case against Luigi Mangione, accused of fatally shooting UnitedHealthcare CEO Brian Thompson in December 2024, saw a major development on Tuesday.
Shortly after proceedings began, the court granted Mangione’s motion to dismiss two terrorism-related charges: first-degree murder as an act of terrorism and second-degree murder as an act of terrorism. The sudden ruling quickly prompted cheers outside the courthouse. Judge Carro called the terrorism counts “legally insufficient,” noting, “[t]here was no evidence presented that the defendant made any demands of government or sought any particular governmental policy change, let alone that he did so by intimidation or coercion.”
With the terrorism charges dismissed, Mangione is no longer eligible for life without parole under New York law. The remaining charges still stand, including a second-degree murder count carrying 25 years to life, along with multiple weapons offenses. New York is unusual in treating intentional, premeditated killings as second-degree murder, whereas most other US jurisdictions classify such killings as first-degree—unless an aggravating factor elevates the charge, as was previously the case here with the terrorism counts, or in exceptional situations such as the killing of a police officer.
Having dropped the terrorism charges, Judge Carro rejected Mangione’s request to pause his New York state case under the Dual Sovereignty Doctrine, turning down Mangione’s argument that the Double Jeopardy rule prevents him from being tried for the same crime in both state and federal courts. While the Fifth Amendment’s Double Jeopardy rule prevents someone from being tried for the same crime twice, the dual sovereignty rule makes this inapplicable, allowing other jurisdictions to prosecute the same act.
In Tuesday’s hearing, Judge Carro also blocked prosecutors from using 120 pages of Mangione’s health records they had subpoenaed from his health insurance company, Aetna. The judge declined to decide whether the subpoenaed health records had violated Mangione’s privacy rights under the Health Insurance Portability and Accountability Act (HIPAA).
The Manhattan District Attorney’s Office issued a brief statement on the Court’s ruling: “We respect the Court’s decision and will proceed on the remaining nine counts, including Murder in the Second Degree….”
Courtroom Observations
The day of Mangione’s hearing, 24 members of the public were allowed into the courtroom. Inside, spectators were ushered into three pews in the back. Before me stood attorneys Jacob Kaplan, Karen Friedman-Agnifilo, and Marc Agnifilo. They stood near the defense table, thumbing through papers and conversing softly, occasionally cracking a few smiles within the private triangle they’d formed. I quietly marveled at the staggering amount of legal prowess in that courtroom. Regardless of your views on Mangione, you have to admit that he has a lethal legal team.
Mangione soon entered the courtroom wearing a tan prison jumpsuit, paired with a cream-colored long-sleeve shirt and a maroon shirt layered underneath. His outfit stood in stark contrast to his state December and February hearings when he appeared in civilian clothing. The defense legal team has been reached for comment regarding the discrepancy.
His demeanor was somber yet calm as he entered and left the courtroom, his face noticeably pale, wrists and ankles shackled.
Throughout the hearing, Mangione mostly kept his head down, and he appeared to be taking notes in his lap while restrained by a front-facing shackle belt. Occasionally, he would raise his head only to lower it again with feverish focus.
Legal Background
Mangione had pleaded not guilty to all charges in December 2024. In addition to the New York state charges, he is also facing a federal indictment in United States v. Luigi Nicholas Mangione, charged with interstate stalking and murder using a firearm equipped with a suppressor. He faces the death penalty for the firearm-related murder charge and has pleaded not guilty to all federal counts.
In Pennsylvania, he was charged with carrying an unlicensed firearm, forgery, and giving false identification information to a police officer. State officials say that Mangione carried a 3-D printed ghost gun, equipped with a loaded Glock magazine holding six 9-mm full metal jacket rounds, in addition to a separate 9-mm hollow point round. He has pleaded not guilty to all Pennsylvania charges.
Public Response
After adjournment, the grinning defense team held a brief press conference outside in front of the courthouse while the crowd chanted “Free Luigi!” in the background. After a long pause, Karen Friedman-Agnifilo stated, “thanks for coming, everyone.”
I then made my way into the crowd, where supporters linked Mangione’s case to broader concerns over healthcare affordability, judicial overreach, and constitutional rights. Demonstrators held signs reading “Free Luigi!” and chanted, “One struggle, one fight, healthcare is a human right!” When I asked one unnamed individual why they attended the hearing, they said, “my friend died from healthcare denials…and my family struggled financially [when I was] growing up.”
A New York University (NYU) student, Mason Alexander, present at the rally explained that it would be, “…hard to find jurors who haven’t been affected by healthcare denials, or don’t know someone who has.” I then asked him, “What do you think about those that say violence isn’t the answer?” Alexander replied that while he does not condone violence, he acknowledges that it coexists alongside his concern for the broader societal issues at issue. He shared that his mother, who suffered from a spinal cyst, often delayed seeking healthcare because of exceptionally high costs. He recounted his mother and father sitting in the hospital parking lot, waiting “for it to get unbearably bad” before going inside to avoid high treatment costs.
Breigh, a woman holding a life-sized cardboard cutout of Mangione on which “STILL PRESUMED INNOCENT” was written, explained that she attended the rally because of her dissatisfaction with judicial prejudice and healthcare. “I want to bring light to the injustices of the healthcare system, the ways in which it is affecting everyday Americans,” she stated. She further denounced how Mangione was being “treated as guilty before [being tried in] court,” hence her cutout’s message.
Volunteers distributed a supporter-led newspaper, called The Plot, to crowd members. The newspaper contained case updates, legal analysis, and commentary on healthcare struggles and judicial injustice. One volunteer explained that the publication was created in response to a perceived media bias against Mangione.
“The media sensationalized [coverage] and defamed him to sell clicks,” they lamented. “They wouldn’t give him fair coverage, so we made our own.”
Another volunteer stated, “personally, when I joined [the volunteers’ newspaper], I was more frustrated with speech suppression. I had four Twitter accounts taken down [for posting about the case]. I had posts deleted from Reddit time and time again. I know people who’ve been banned from TikTok, [X], and Reddit for sharing their opinions on the case…this was our only way of giving these writers their voice back.”
Shortly after I left the rally, I read several mainstream news articles focused on one rally-goer who claimed to be in a relationship with “AI Luigi.” It was unclear what this meant.
Most crowd members eagerly volunteered their perspectives on societal equality and shared stories of lost and suffering loved ones. I was quite surprised by the lack of frivolous remarks. I suddenly remembered the large seating divide between the press and public in the courtroom. Perhaps that had been a physical representation of our synergies outside of it as well.
New York prepares for Mangione’s hearing
On the evening of September 14th, light projections illuminated the buildings of Lower Manhattan, highlighting fatalities related to healthcare denials. Messages included: “2,996 Americans died on 9/11”; “68,000+ Americans die EVERY YEAR from lack of affordable healthcare”; and “Profit kills. People pay the price.” Organizers People Over Profit NYC and The Illuminator told JURIST the projections were intended to draw attention to the hearing.
In a statement to JURIST, project organizers People Over Profit NYC and The Illuminator wrote:
[t]he unprecedented rush by the federal government to end the life of Mangione is a spectacle in itself, but the larger body count piles higher with every passing day and deserves notice…Over 26 million people in this country are uninsured, and millions more cannot afford to use the health insurance they have…
Supporters began lining up for the public hearing at 3:30 AM on Monday; by 6:30 AM, 24 people had secured the maximum number of public seats. The press and public formed separate lines across the court plaza, with reporters noting that Mangione’s hearings drew larger crowds than Trump’s trials. TMZ released a documentary, “Luigi Mangione: The Mind of a Killer,” shortly after Mangione’s incarceration, prompting supporter criticism for presumption of guilt.
What Happens Next
Following a sidebar, Judge Carro scheduled the next hearing for December 1. A trial date has not been set.
While the dismissal of terrorism charges marks the first official recognition of overcharging in Mangione’s legal proceedings, several legal experts had previously expressed skepticism over the validity of those charges. Veteran defense attorney Ron Kuby told the New York Post last year that Manhattan District Attorney Alvin Bragg was “wildly overcharging” Mangione to “make a great headline.”
Tuesday’s ruling may also prove a latent win for the prosecution, as it no longer needs to prove Mangione’s intent to intimidate or coerce others for ideological reasons—a high bar under New York’s terrorism statute.
Attention now turns to Mangione’s federal case, where he has moved to preclude the government from seeking the death penalty, citing further concerns of overcharging. The motion called the decision to pursue the death penalty “political, arbitrary, capricious, a breach of established death penalty protocol…” According to the motion, this was particularly demonstrated when Attorney General Pam Bondi stated in a Fox News interview that she opted to pursue the death penalty via press release because “[Mangione] is charged with hunting down a CEO, a father of two, a married man.”
Mangione also argued in his motion that Bondi unusually issued her directive for the Department of Justice to seek the death penalty before his indictment, calling it “evidence of the political and arbitrary nature of this decision.” Many legal experts have suggested that the federal death penalty application is political in nature. Executive Director of the Death Penalty Information Center, Robin Maher, said the decision that it “…suggests that the death penalty is being used here to achieve some sort of political purpose.”
From my discussions with judges and lawyers about Mangione’s death penalty decision, the common denominator has been that the move was likely political. Simply put, this should have been a straightforward state-level murder case, but it was stretched into a federal one to bring the death penalty into play and enhance the charges. The legally dubious move effectively forces the defendant to face either death by lethal injection or life without parole if convicted. The former is extremely unlikely, given that juries in New York federal courts are notoriously reluctant to impose capital punishment.
The latter—a sentence of life without parole—is itself a form of torture, particularly for someone who is reportedly disabled and, if true, will likely not receive the medical care they increasingly need with age. As the adage goes, life without parole is a death sentence—but in this case, a slow, excruciating one for Mangione.
In other words, is torturing someone through a lifetime of nonstop pain a valid judicial sacrifice for political gain? I think not. I hope for fair trials for both the prosecution and the defense instead.
Opinions expressed in JURIST Dispatches are solely those of our correspondents in the field and do not necessarily reflect the views of JURIST’s editors, staff, donors or the University of Pittsburgh.