Luigi Mangione Trial With Hung Jury a 'Real Potential Threat'—Attorney

The possibility of a hung jury in Luigi Mangione's murder case is a "real potential threat" as the Ivy League graduate is accused of shooting UnitedHealthcare CEO Brian Thompson, former federal prosecutor Joel Cohen said.

In an opinion piece for The Hill published Friday, Cohen, a white-collar criminal defense lawyer in New York, wrote: "There has been no time in recent history where the media has been as fixated on an arrest and prosecution, and the possibility of nullification lurking as a real potential threat for prosecutors in jury selection.

"That is, the prospect of a defendant like Mangione who faces what appears to be overwhelming evidence of guilt, escaping virtually certain conviction when one or more nullifiers succeed in hanging a jury by deftly declining to follow the evidence and the law."

Why It Matters

Mangione, 26, faces federal murder charges, as well as New York and Pennsylvania state charges, related to Thompson's death on December 4. His alleged crime has resulted in a massive online fanbase, partly due to his looks and seemingly protesting the American health care system.

Many legal analysts have discussed the possibility of a hung jury in Mangione's case despite the significant evidence against him.

What To Know

A hung jury occurs in a trial when the jurors are unable to reach a unanimous or required majority verdict after extended deliberations. This usually happens because the jury is deeply divided and cannot come to an agreement about the defendant's guilt or innocence.

When a jury is hung, the judge may declare a mistrial. Afterward, the prosecution typically decides whether to retry the case with a new jury, offer a plea bargain, or dismiss the charges.

What People Are Saying

Elie Honig, a former federal prosecutor, said on December 19 on CNN: "I was always worried about jury nullification even in the most routine cases I handled as a prosecutor. All it takes is one juror and you have a hung jury."

He added that the "risk here absolutely is elevated," noting that he has "never seen an outpouring of affection and support for a defendant charged with a vicious murder like we have in this case."

Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, told Newsweek in an email on December 20: "I think the jury selection process will weed out individuals who might be inclined to nullify the law in this case. The defense will not be permitted to argue that the murder was justified under the law, and so the evidence will focus on whether he committed this crime."

Cheryl Bader, a Fordham Law School professor, told Newsweek in an email on December 20: "I would be surprised to see a hung jury on the New York second-degree murder charge. Based on the evidence the jurors will presumably hear, the prosecution has a very strong case that Mangione is the shooter and that he shot with the intent to kill—which is all the prosecution needs to prove. Although some people have expressed sympathy for the feelings underlying Mangione's motives, I think it is a tiny minority who would go to the extreme of sanctioning murder through jury nullification....On the first-degree murder charge, I think the prosecution will have a tougher time proving that the killing was an act of terrorism intended to coerce or intimidate the public. For that count, you might see a hung jury."

What Happens Next

Mangione is detained at the Metropolitan Detention Center (MDC) in Brooklyn, New York. His next court appearance in New York is scheduled for February 21, while a date for his federal charge has yet to be set.

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