Luigi Mangione Charges Leave Attorney Stunned, Raise Questions

What's New

Luigi Mangione's defense attorney has expressed amazement that her client, accused of killing UnitedHealthcare CEO Brian Thompson, will be facing both federal and state murder charges, according to a transcript obtained by Newsweek.

Karen Friedman Agnifilo also suggested that there may be collusion between state and federal prosecutors and that she will be seeking extra disclosure in the case. She told the court that in over 30 years working in criminal law in New York, she had never seen a case handled in this way.

On Thursday, federal prosecutors charged Mangione with four federal offenses, including murder through the use of a firearm, in the December 4 fatal shooting of 50-year-old father of two Thompson in Manhattan.

Mangione, 26, is already facing New York state charges of first degree murder; second degree murder; first degree murder in furtherance of terrorism; second degree murder in furtherance of terrorism and eight weapon possession counts. He has not yet entered a plea on those charges.

Newsweek sought email comment on Friday from the office of Manhattan District Attorney, Alvin Bragg, and the U.S Attorney's Office for the Southern District of New York. A spokesperson for Friedman Agnifilo told Newsweek on Thursday that she would not be commenting on the case.

Why It Matters

A conviction on the federal charge of murder would make Mangione eligible for the death penalty. Mangione's defense team are lining up a double jeopardy argument, in which they will argue that Mangione will be tried in both state and federal courts for essentially the same crime.

If the defense team succeeds, it could save Mangione from the federal indictment and potentially save his life.

What To Know

In court on Thursday, Friedman Agnifilo expressed her amazement that the Department of Justice was involved in the case, as New York state prosecutors had already charged Mangione with murder.

The official transcript obtained by Newsweek shows that Mangione's defense team is strongly objecting to the lack of information about the new charges and claims that the federal indictment violates double jeopardy rules.

According to the Legal Information Institute "the Double Jeopardy Clause in the Fifth Amendment to the U.S. Constitution prohibits anyone from being prosecuted twice for substantially the same crime."

Friedman Agnifilo, a partner in the of the Agnifilo Intrater law firm, told a New York federal district court on Thursday that the cases "raise serious constitutional and statutory double jeopardy concerns."

She said that in over 30 years of working as both a prosecutor and a defense lawyer in New York, she had never seen a similar situation.

"I would like to follow up on what the government just said and seek clarity on exactly what it is that is happening, because this is a highly unusual situation we find ourselves in," she told the court.

"Yesterday there was a press conference held by the Manhattan District Attorney's Office that was announcing these murder in furtherance of terrorism charges, and there was absolutely no mention that Mr. Mangione was going to be charged federally."

"In fact, I don't think they even knew that this was going to happen. We were entirely prepared to come to court today for an arraignment.'

"In fact, I was told by the Supreme Court in New York County that it was going to be at 2 p.m. today in New York County in front of Judge Carro. Again, we were entirely prepared to go there and be arraigned on that indictment," she said.

Friedman Agnifilo told the federal court that she wants answers about the "confusing" and "highly unusual" way in which Mangione has been charged in state and federal court.

"I would like to seek clarity from the government on exactly what's happening here. Is there one case? Two cases? Two investigations? Is it a joint investigation? For example, your Honor, if there is a joint investigation, that implicates certain discovery obligations in the Manhattan DA case that they—that if that case is proceeding, we'll be entitled to discovery. And there are a lot of factors here that I think are very confusing, highly unusual."

"And in over three decades of prosecuting and defending criminal cases in New York, frankly, I've never seen anything like what is happening here, and so any clarity that the government can give Mr. Mangione, we'd really appreciate it," she said.

What People Are Saying

Los Angeles attorney John J. Perlstein told Newsweek that the defense strategy might not work.

"Double Jeopardy wouldn't apply when offenses charged in federal and state courts involve different elements, even if they stem from the same underlying act, such as the murder of the UnitedHealthcare CEO."

"This is because the dual sovereignty doctrine allows separate prosecutions by state and federal governments, as they are distinct legal entities."

"For example, the State of New York and the federal government can prosecute the same conduct without violating the Double Jeopardy Clause, as long as the charges arise under different legal statutes with unique elements."

What Happens Next

State and federal courts have to set trial dates on the two indictments Mangione is facing.

In court on Thursday, Friedman Agnifilo suggested that she will be seeking discovery on any coordination between state and federal prosecutors, which could take several months.

Bragg told reporters on Thursday he was having "conversations with our law enforcement partners" concerning the "parallel" federal case. However, these conversations are to ensure that there is no overlap between the two trial dates.

Transcript Of Friedman Agnifilo's Comments

"I would like to follow up on what the government just said and seek clarity on exactly what it is that is happening, because this is a highly unusual situation we find ourselves in."

"Yesterday there was a press conference held by the Manhattan District Attorney's Office that was announcing these murder in furtherance of terrorism charges, and there was absolutely no mention that Mr. Mangione was going to be charged federally."

"In fact, I don't think they even knew that this was going to happen. We were entirely prepared to come to court today for an arraignment. In fact, I was told by the Supreme Court in New York County that it was going to be at 2 p.m. today in New York County in front of Judge Carro. Again, we were entirely prepared to go there and be arraigned on that indictment.

"I want to note that the theory of the murder charge in the Manhattan DA case seems to be in conflict with and in opposite to the theory that is here being brought by the U.S. Attorney's Office. There, they talk about terrorism and potentially influencing a group of people. This is stalking an individual. That's what the theory is here. Those are two completely different theories. These seem like different cases."

"I find out today that we are—that all of a sudden we are here in the Southern District of New York facing charges that one charge is death-eligible, and I would like to seek clarity from the government exactly what's happening here."

"Is there one case? Two cases? Two investigations? Is it a joint investigation? For example, your Honor, if there is a joint investigation, that implicates certain discovery obligations in the Manhattan DA case that they—that if that case is proceeding, we'll be entitled to discovery."

"And there are a lot of factors here that I think are very confusing, highly unusual. And in over three decades of prosecuting and defending criminal cases in New York, frankly, I've never seen anything like that what is happening here, and so any clarity that the government can give Mr. Mangione, we'd really appreciate it."