Manhattan prosecutors oppose dismissal of Luigi Mangione's New York murder case
Prosecutors are urging a judge not to dismiss the state murder case against Luigi Mangione in the killing of UnitedHealthcare CEO Brian Thompson.
In a court filing Friday, the Manhattan District Attorney's Office argued that Mangione's New York prosecution should move forward despite his recent guilty plea in federal court.
Mangione pleaded guilty in August to federal charges of interstate stalking resulting in death and stalking through the use of interstate facilities resulting in death. He is scheduled to be sentenced in December.
His attorneys, however, are seeking to have the state case dismissed. They argue that prosecuting Mangione in New York after his federal conviction would violate the state's double jeopardy protections, which generally prohibit someone from being prosecuted twice for the same crime.
Prosecutors disagreed, arguing that the federal and state cases involve different charges and that New York's murder case can proceed.
Mangione still faces second-degree murder, weapons and forgery charges in state court stemming from the fatal shooting of Thompson. A first-degree murder charge was previously dismissed.
After pleading guilty in federal court and admitting responsibility for Thompson's death, Mangione's attorneys filed a 32-page motion seeking dismissal of the state case. The defense argued that Mangione has become a "pawn in parallel prosecutions" and cited New York's double jeopardy law.
Legal experts told CBS News New York the defense argument could face challenges because the federal and state charges are not identical.
The state trial had been scheduled to begin in September but was postponed following Mangione's guilty plea in federal court. In August, a judge delayed the proceedings until Dec. 10 to allow both sides time to litigate the dismissal motion.
