NEW YORK — A last-minute conference requested jointly by prosecutors and defense attorneys in the federal case against Luigi Mangione has renewed speculation about a possible federal resolution ahead of his upcoming state murder trial.<\/p>\n
Mangione is scheduled to stand trial Sept. 8 in state court in the killing of UnitedHealthcare CEO Brian Thompson. While his defense team publicly dismissed speculation about federal plea negotiations about a month ago, legal observers say there are few other reasons both sides would seek a conference on short notice.<\/p>\n
“The defense lawyers, quite expectedly and as they should be, are trying to work out a federal disposition first, regardless of that doctrine, hoping that the state case would be thrown out eventually based on the doctrine of double jeopardy,” said Michael Bachner, a defense attorney and former Manhattan prosecutor.<\/p>\n
According to Bachner, the defense could pursue a double jeopardy argument under New York law because the federal charges are similar to those filed by the state.<\/p>\n
“Once the feds resolve the case, the New York State constitution may say, ‘you can no longer try him,'” Bachner said.<\/p>\n
Tuesday marked Mangione’s final pre-trial hearing<\/a> before the state trial. During the hearing, prosecutors and defense attorneys argued over media access in the high-profile case. The judge directed both sides to focus instead on developing a juror questionnaire.<\/p>\n Darla Miles has more on the court hearing.<\/p>\n “Get together and come up with questions you agree with and disagree with, and I will make a decision,” the judge said.<\/p>\n The hearing follows a ruling in May in which the judge agreed with prosecutors that jurors should be allowed to consider evidence including a 3-D-printed handgun and silencer, a red notebook prosecutors described as Mangione’s “manifesto,” and police body-camera video.<\/p>\n A federal plea agreement reached before the state trial could dramatically alter the course of the proceedings and potentially eliminate the need for a trial. However, Bachner said federal prosecutors cannot leverage a lighter sentence.<\/p>\n “You just take a plea in federal court. Your sentence is decided by the judge on the day of sentencing. In the federal court, you do not negotiate with the judge,” Bachner said.<\/p>\n If both the federal and state cases proceed to trial, the federal trial is expected to take place early next year. Bachner said evidence presented in the state case could strengthen the federal prosecution.<\/p>\n The death penalty is no longer a possibility. Mangione faces potential life sentences in both the federal and state cases.<\/p>\n ———-<\/p>\n * Get Eyewitness News Delivered<\/a> <\/p>\n * More New York City news<\/a><\/p>\n * Send us a news tip<\/a><\/p>\n * Download the abc7NY app for breaking news alerts<\/a> <\/p>\n * Download our connected TV app<\/a> <\/p>\n
Submit a tip or story idea to Eyewitness News<\/p>\n