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Prosecutors in Luigi Mangione case can't seek death penalty, judge rules

Luigi Mangione, accused of murdering UnitedHeathcare CEO Brian Thompson, will not face the death penalty if convicted on federal charges, a judge ruled Friday. 

Judge Margaret Garnett dismissed the federal firearms charges against Mangione that carried the possibility of the death penalty, but left in place stalking charges against him that can bring a maximum punishment of life in prison. 

Mangione, 27, has pleaded not guilty to both federal and state charges in the 2024 killing of Thompson. 

Jury selection in the federal case is now set to begin on September 8, although state prosecutors are seeking to try him sooner, as early as July 1. 

Evidence from Mangione's backpack can be admitted

The judge also ruled evidence seized during Mangione's arrest will be admissible in his federal trial. 

A 3D-printed handgun, loaded magazine, notebook, map and a "survival kit" were found in a backpack that officers recovered from Mangione at the time of his arrest at an Altoona, Penn. McDonald's. The defense asked the judge to suppress the evidence, arguing it was a warrantless search.

Police testified that it's standard procedure to take property like a backpack from a suspect during an arrest. The search of the backpack would have also been standard procedure, officers said. 

Mangione back in court Friday

The crucial rulings came just before Mangione appeared in court Friday for a hearing regarding his federal case.

Mangione appeared in court wearing tan prison clothing. His hands were not shackled. 

Mangione initially faced a four count federal indictment for the killing of UnitedHealthcare CEO Brian Thompson, but his defense team had been fighting to dismiss two counts, which the judge has now agreed to. 

"What the federal government has done is they've charged Mangione with stalking, and they've said that is a the crime of violence. And the defense is saying stalking is not necessarily a crime of violence. It is a crime, but it's not the kind of crime that would underlie the death penalty," legal expert Richard Schoenstein said. Schoenstein is not directly involved in the Mangione case.   

Mangione is accused of gunning Thompson down in December, 2024 outside a Midtown hotel, setting off a frantic manhunt that spanned several states

Mangione was arrested five days later at a McDonald's in Altoona. 

Manhattan DA wants state trial to begin in the summer

The Manhattan District Attorney wants the judge in Luigi Mangione's state trial to set a date for July 1 to ensure it starts before his federal trial.  He faces nine state counts, including second degree murder and various weapons charges. 

Mangione's attorneys say they need the rest of the year to prepare for the federal trial. They called the request unreasonable.

Man attempts to free Mangione

On Wednesday, a Minnesota man was arrested for allegedly impersonating an FBI agent and trying to free Mangione

Prosecutors allege Mark Anderson arrived at the Metropolitan Detention Center in Brooklyn, where Mangione is being held, clamed he was an FBI agent with papers from a judge authorizing Mangione's release, a federal law enforcement source said. 

A fork, driver's license and steel blade found in the bag of a man arrested for impersonating an FBI agent, allegedly to free Luigi Mangione.
A fork, driver's license and steel blade allegedly found in the bag of a man arrested for impersonating an FBI agent to free Luigi Mangione. FBI

A search of Anderson turned up a barbecue fork and pizza cutter. 

He's now being held in the same complex as Mangione. 

Read the judge's ruling

Luigi Mangione death penalty ruling
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