Mangione’s attorneys say they won’t argue psychiatric defense in state murder trial – one day after indicating they would
Luigi Mangione appears for a pre-trial hearing Wednesday at Manhattan Criminal Court in New York.
By Kara Scannell, CNN
(CNN) — Luigi Mangione’s attorneys on Thursday informed the judge in his New York state murder case that they would withdraw their plan to argue at trial that he killed UnitedHealthcare’s chief executive while suffering an extreme emotional disturbance.
The notice came in a court filing one day after a hearing in which Mangione’s attorneys had indicated they would argue a psychiatric defense.
His lawyers could not immediately be reached for comment. The Manhattan District Attorney’s office declined to comment.
At a hearing Wednesday, Judge Gregory Carro said he planned to unseal records related to an affirmative defense available to New York state criminal defendants charged with murder, in which the accused admits to the charged conduct but argues they should not be held fully criminally liable because he or she acted while experiencing a mental health episode.
However, in light of the defense’s withdrawal, Carro said Thursday he would keep those records sealed.
If a jury finds a defendant has proved by a preponderance of evidence he acted because of an extreme emotional disturbance, the crime is reduced from murder to manslaughter, which carries far less prison time.
Experts had previously told CNN a psychiatric defense would be challenging but was likely Mangione’s best argument given the strength of the evidence against him. In a key ruling last month, Carro cleared the way for prosecutors to present crucial evidence they contend ties Mangione to the crime scene and could shed light on his motive for the killing.
Mangione has pleaded not guilty to state murder and weapons charges in the December 2024 fatal shooting of UnitedHealthcare CEO Brian Thompson as he walked toward a Midtown Manhattan hotel hosting his company’s annual investors’ conference. Mangione has also pleaded not guilty to federal stalking charges.
Gary Galperin, a former prosecutor, called the sudden shift in the defense’s strategy “stunning.”
“So, what happened since yesterday?”
Galperin speculated it’s possible Mangione changed his mind and didn’t want to move forward with the defense, or that the defense’s mental health expert retracted. Mangione’s lawyers had until Thursday to turn over to prosecutors the name of their expert and the expert’s credentials.
Mangione’s lawyers had asked for their discussions about a potential psychiatric defense to remain under seal in part because of the potential impact it could have on prospective jurors.
During a June 3 hearing – which was initially sealed – Mangione’s lawyer Karen Friedman Agnifilo said, according to a transcript that was unsealed Thursday, “if a defendant goes with an EED defense, they’re essentially admitting publicly that they committed this crime.”
“And due to the high publicity in this case,” she said, “not only will making this public before we know for sure whether we are going with this defense, it prejudices both this case and the federal case because of the extraordinary publicity effecting potential jurors.”
Galperin told CNN, “In such a high profile case, to put it out there and take it back presents the very same concerns that caused them to ask for the sealing.”
This story has been updated with additional information.
The-CNN-Wire
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