Mangione’s state trial delayed to argue double jeopardy motion

Aug. 18 (UPI) — The judge in the state case against Luigi Mangione postponed his trial to determine if the case should go forward after the defense filed a motion to dismiss.

Mangione, 28, on Friday pleaded guilty to stalking charges in federal court and admitted that he shot and killed Brian Thompson, CEO of UnitedHealthcare, in Dec. 2024. He was arrested several days later at an Altoona, Pa., McDonald’s.

His lawyers immediately filed the motion to dismiss in New York state court on the grounds of double jeopardy and due process.

Judge Gregory Carro ordered that prosecutors have until Oct. 9 to respond to the motion. He also scheduled a hearing on the issue for Dec. 9, when he will likely make a ruling. Mangione’s trial was scheduled to begin Sept. 8. His federal sentencing is scheduled for Dec. 18.

The U.S. constitution has a double jeopardy clause in the Fifth Amendment, but New York has its own double jeopardy law that restricts prosecutors from pursuing cases where a defendant has been convicted of a similar charge for the same crime.

“It was a single tragic event, yet he’s being prosecuted twice for the same conduct,” Mangione defense attorney Karen Friedman Agnifilo told reporters outside the federal courthouse Friday, CNN reported.

In the motion, Mangione’s defense accused federal and state prosecutors of working together and coordinating their cases “to maximize the punitive effectiveness of the two cases at the expense of Mr. Mangione.”

It claimed that they had made a deal to allow the state case to go first to evade double jeopardy allowing them to violate his constitutional rights.

“This coordinated deal between them had a specific purpose: The scheme was designed solely to ensure dual successive prosecutions, in order to attempt to avoid double jeopardy protections,” the filing said.

Manhattan District Attorney Alvin Bragg has said his office would continue to prosecute Mangione.

“We are encouraged that Mr. Thompson’s family received a measure of accountability today,” a spokesperson said Friday. “While federal sentencing is pending, we are prepared to litigate the defense motions. The Manhattan D.A.’s Office remains committed to seeking justice for Mr. Thompson and his family.”