Luigi Mangione attorneys seek dismissal of state murder case

a year ago by Stamau123 to c/news

His defense attorney said “prosecutorial one-upmanship” resulted in Mangione facing state and federal charges in New York and separate charges in Pennsylvania.

Defense attorneys for alleged CEO killer Luigi Mangione said Thursday in a new court filing that the murder indictment a state grand jury returned against him should be dismissed due to double jeopardy and other alleged violations.

The indictment should be dismissed "because concurrent state and federal prosecutions violate the Double Jeopardy Clause, the Fourteenth Amendment's Due Process Clause and Mr. Mangione's constitutional rights against self-incrimination, to meaningfully defend himself, to a fair and impartial jury and to the effective assistance of counsel," defense attorneys wrote.

Defense attorney Karen Friedman Agnifilo said in the filing that "prosecutorial one-upmanship" resulted in Mangione facing state and federal charges in New York and separate charges in Pennsylvania.

Freshparsnip 148 points a year ago

Has be considered running for office? Then they can't convict him for fear of looking politically biased. That's how that works, right?

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FrostyTheDoo 43 points a year ago

Yore onto something, it's a strategy that's never failed in America

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Alaik 23 points a year ago

Well only if he ran as Republican, but they would rather suck CEO cock.

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finitebanjo 7 points a year ago

TBH he could be a Republican for all we know. He didn't exactly go after lobbyists or legislators who created and protect the healthcare industry, just went out and shot a guy working within it.

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InverseParallax 12 points a year ago

Think that only covers crimes like sedition, treason, fraud and serial rape.

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FreedomAdvocate 6 points a year ago

But they convicted trump……

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Freshparsnip 31 points a year ago

But didn't punish him so it was meaningless

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FreedomAdvocate -2 points a year ago

Probably should have said that instead then, rather than talking about not convicting.

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DiaDeLosMuertos 5 points a year ago

Bit picky aren't you. I mean yes you're correct but no need to get on your high horse about it. Have a great day.

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Freshparsnip 3 points a year ago

I see no meaningful distinction

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givesomefucks 87 points a year ago

Mangione’s attorneys also sought to suppress statements he made to authorities in Altoona, Pennsylvania, where he was arrested after a five-day manhunt and where “officers failed to provide him with Miranda warnings,” according Thursday's court filing.

It's crazy how everyone has known for fucking decades that cops are idiots who only "solve" cases thru presumed innocence and planting evidence to support it...

Yet neither of our two political parties have ever tried to fix it.

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Quill7513 6 points a year ago

well if they did that who would make the school lunch burritos in compton that feeds our nations white kids?

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thefartographer 74 points a year ago

Unconstitutional, eh?

- Trump lawyer while rubbing their hands and salivating

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HowAbt2morrow 15 points a year ago

But they always quit a few weeks in.

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Serinus 5 points a year ago

Or get moved to UN Ambassador.

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ScrambledEggs 57 points a year ago

Plus there's a documentary and a musical about it. That alone jeopardizes the public opinion of him.

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TransplantedSconie 22 points a year ago

Not to mention every other aid on podcasts is about this case and the way they are edited it's literally "Hes guilty. Why even hold the trial?"

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Catoblepas 17 points a year ago

You guys have been getting podcast ads about it? That’s wild, I haven’t got any at all. But I’m in California, maybe they’re only being played closer to NYC?

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TransplantedSconie 19 points a year ago

Its fucking nuts. Sometimes there will be 3 in a row. It's fucking obvious they are poisoning the well out here.

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FuglyDuck 23 points a year ago

Sneak in some Jury nullification ads. Watch as they suddenly get yeeted

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ericatty 7 points a year ago

What are the ads for? Who's paying for them? Is NY and fed buying these ads? Or a PAC? Or someone selling insurance?

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AngrySquirrel 2 points a year ago

I've found the Brave internet browser to be extremely effective at blocking ads.

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finitebanjo -2 points a year ago

Being high profile and having some fanatic following didn't stop people from persecuting Alec Baldwin, although his trial ended with dismissal of charges when the state investigators failed to present evidence collected at the crime scene. TBH I think it should have just been mistrial and they should have gone after him again, I blame him for cutting corners with safety.

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Phoenicianpirate 50 points a year ago

Free Luigi. Also compensate him for wrongful prosecution.

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finitebanjo -35 points a year ago

Imprison Luigi. No exceptions to the rule of law, not even for internet celebrities.

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3laws 12 points a year ago

Rule of law? You are fucking kidding right?

Here's the Constitution for you lil bruv:

Under due process, you will not be convicted of a crime unless the prosecutor proves that you are guilty beyond a reasonable doubt.

Luigi, as far as the law understands via the [still to be taken] decision of a jury, is innocent.

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finitebanjo -4 points a year ago

Yes. We're on the exact same page here. He should face trial for his crimes.

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Showroom7561 6 points a year ago

FWIW, he is facing trial. But every step of this case has been mishandled by the prosecution.

If the justice system is to be trusted, then this case should be dismissed, as it seems clear that he isn't getting a fair trial.

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Sconrad122 1 point a year ago

Except what you said is imprison him. You called for an innocent man to be imprisoned. Are you 100% certain that you aren't letting a subconscious bias about his innocence into your thoughts by using that language?

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Phoenicianpirate 10 points a year ago

Luigi is innocent.

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finitebanjo 0 points a year ago

I'm sure he was just holding that Glock with a custom part he designed and printed himself and $20,000 cash for a friend. Just went on a little shopping trip in New York, sight seeing. /s

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Spacehooks 0 points a year ago

Not convinced it wasn't planted. Not like police have ever faked anything before.

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SSNs4evr 35 points a year ago

IIRC, "delay, decline, depose" were in memos from UHC. Does that mean UHC is liable for the same charges for any paying customers who died, while being delayed, denied and deposed? Corporations are people as well, after all.

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RainaLillius 7 points a year ago

Of course not! A corporations first responsibly is profit for shareholders. Little things like peoples lives and obeying laws is secondary.

/s isn't really accurate here. Because although im joking. Our legal system seems seems to agree...

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junimond 23 points a year ago

Free Luigi. Sofar, we dont even know if he actually did it.

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KingPorkChop 7 points a year ago

we dont even know if he actually did it.

That's kind of the point of the trial. Of course I don't trust he'll be given a fair one. The USA isn't really keen on that when they really want to punish someone for something.

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laserm 14 points a year ago

Under the Double Sovereignty doctrine, the Double Jeopardy clause doesn't apply in this case tho. Hence, you can be charged for the same offense twice in both stage and federal court.

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zalgotext 36 points a year ago

You know, I thought that too at one point, but if the defendant's lawyer is trying to use double jeopardy to get this incredibly high profile, publicly scrutinized case thrown out, we should just sit down, shut up, and listen to the professionals

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mic_check_one_two 17 points a year ago

It’s likely just a tactic to set him up for an appeal later. The only reason you can appeal a case is if you can show that you weren’t given a fair trial.

So this is his lawyers going “you’re probably going to be railroaded and found guilty, so let’s at least ensure you have as many avenues for appeal as possible. If we force the courts to officially put it into record that you have to defend both trials at the same time, you can argue that your attorneys weren’t able to effectively do so, and therefore your constitutional right to an attorney was violated.”

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zalgotext 3 points a year ago

Right, sure. At which point, pointing out that "double jeopardy doesn't apply" is kind of just needless pedantry.

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mic_check_one_two 4 points a year ago

I mean, it doesn’t apply. That is already pretty firmly established by precedent. But again, this is simply getting the courts to officially acknowledge that the prosecutors are pushing ahead even though they know the lawyers are stretched thin.

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laserm 8 points a year ago

I'm not saying I agree with the doctrine; in fact I think it's unjust and would prefer it being tossed, though I seriously doubt he has any chance of succeeding on this claim, especially with the current SCOTUS. And I doubt the state's lawyers are that incompetent as to ignore it.

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finitebanjo -27 points a year ago

Nah fuck em, we all know he did it.

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laserm 6 points a year ago

We usually don't like saying that due to a phenomeome called 'Trial by public opinion'. He has not yet been proven guilty beyond reasonable doubt, neither can you prove so. Decreeing someone guilty, even outside of court, without proof, can negatively influence jurors to deliver a guilty verdict even if the defense creates a reasonable doubt.

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finitebanjo 1 point a year ago

If I were the prosecutor in this case I think leaning on the fact that Luigi Mangione travelled to the area of the crime scene, was seen on cameras nearby, and left the area of the crime and city quickly and discreetly with a backpack full of $20,000 cash and a Glock-19, a 9-millimeter semiautomatic pistol, with a custom part that Luigi Designed and 3D Printed in his home which matches the profile of the weapon used to murder Brian Thompson, might be beyond reasonable doubt. If not, then at least conspiracy to commit a crime, because bro was not on a vacation or business trip that is for certain.

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frozenpopsicle 0 points a year ago path: 0 16837525 16837578 16839933 16856031, hotness: undefined, score: 0, children: 1
finitebanjo 0 points a year ago

If you can't take the time to explain what your link is, I won't click it.

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orcrist 4 points a year ago
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libra00 13 points a year ago

They’ve also pointed to passages of Mangione’s writings, which described Mangione’s deepening fixation on UnitedHealthcare and an increasing malice over the corporation’s purported greed.

Purported greed? Does any grown-ass adult sincerely doubt that corporations are greedy? Are we so far gone that the media can't even say that without hedging? What are they going to do, sue? Good luck proving that they're not greedy since public companies have a legal obligation to make as much money as possible.

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finitebanjo -3 points a year ago

I think it's purported in this context because it lacked specific examples in the writing of Luigi Mangione.

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libra00 0 points a year ago

There are better ways to say that if that was their intent. Like:

They've also pointed to passages of Mangione's writings, which described Mangione's deepening fixation on UnitedHealthcare and an increasing malice over what he claims to be the corporation's greed.

Purported greed just smacks of cowardice.

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finitebanjo 1 point a year ago

That's wordier and the connotation paints Luigi as a lunatic and UHC as some sort of saint, I think the original has minimal bias for the purpose of the trial.

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libra00 0 points a year ago

It was just a half-assed attempt to provide an example, I'm just a dude on the internet who doesn't write headlines all day, I'm sure someone who does could come up with something better.

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barneypiccolo 7 points a year ago

It's an extremely weak case, nearly impossible to win, and they all know it. So they're going to make it the biggest legal circus since the OJ trial.

They'll do what they did in the OJ and Casey Anthony trials - keep them in prison while they drag the entire out as long as possible, and that way when they finally get set free in a couple of years, at least they served some time. Casey Anthony served over 3 years in jail, which is probably what she would have served for accidental manslaughter/ negligent homicide, which is probably what she was actually guilty of.

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Avatar_of_Self 3 points a year ago

They do that to pretty much everyone so that they can give a plea deal years later saying "just pleas no contest and you can go home today!" and most people take it. The vicious cycle starts there and prosecutors do not care if there is no evidence where they'd drop the charges anyway not do they usually care if their is evidence of innocence.

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ArchmageAzor 5 points a year ago

I mean I don't think the defending attorney would seek a continuance.

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laserm 1 point a year ago
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FreedomAdvocate -10 points a year ago

“Attorney does what attorneys are paid to do”

Articles like this don’t even need to exist.

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Stamau123 20 points a year ago

Your name seems ironic then. News is the rough draft of history, the documentation of the state's injustice is important to exist.

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finitebanjo -5 points a year ago

If you're free to murder your neighbors then your neighbors aren't free.

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FreedomAdvocate -7 points a year ago

My name was randomly generated. Also “injustice” isn’t really applicable here, at least not yet.

Double jeopardy doesn’t work like this. Nothing is stopping him defending himself. The jury issue is real, but in his favour thanks to the left trying to make a murder it to be a hero.

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Avatar_of_Self 3 points a year ago

Which "left"?? You mean politicians? The wealthy? The hate for him crosses party lines with few exceptions.

Regular people though? That's a different story. Not sure it is mostly people leaning left though. It wouldn't be the first time GOP supporters licked the boots as they press against their necks, so it wouldn't surprise me.

Isn't the party motto like "Pls tread on me sirs!" or something?

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finitebanjo -6 points a year ago

TBH I wish I didn't have to read crappy article about Mangione, sick of hearing about that guy, but I think his attorneys are being silly to try to dismiss these charges because of double jeopardy because everyone with a law degree knows about Double Sovereignty Doctrine, and that sillyness makes it news-worthy.

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FreedomAdvocate -1 points a year ago

Most in here think his lawyers are right lol

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OfficerBribe -43 points a year ago

I mean sure he killed some worthless fucker, but aren't you still supposed to be punished for that? It's a bit baffling to me there is a possible hope for Luigi to go scot free.

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andallthat 19 points a year ago

that's not what is said here. The Federal government is prosecuting him and the States of New York and Pennsylvania are prosecuting him too. The lawyer is arguing that's too many prosecutions for the same alleged crime.

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OfficerBribe -15 points a year ago

To be honest I did not even read the article before commenting. This was meant for the ″Free Luigi″ people.

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notgivingmynametoamachine 15 points a year ago

It’s baffling to me you can see the death of someone who knowingly and willingly denied medical care THAT THEY HAD ALREADY FUCKING PAID FOR to the needy as anything other than “fucking excellent.”

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Darleys_Brew 12 points a year ago

How do you know Luigi did it?

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bluesheep 11 points a year ago

Holy shit we found the one person on the whole planet who might actually be wanted for this trials jury.

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ChaoticEntropy 5 points a year ago

The point being that you can't be tried for the same crime by different courts at the same time, one court has to take precedence and run the full process to its conclusion. Also the "Not Guilty" plea isn't to say he didn't commit a crime but that they won't admit "Guilty" to what has been proposed as the crime(s) and then be instantly hit with whatever the prosecution wants, i.e. death penalty. The process needs to play out legitimately, and will likely lead to conviction but of crime(s) and with a sentence that is more acceptable to the defence.

If you shoplifted and then are charged with a laundry list of crimes in addition to and more severe than theft, that would result in vastly more severe consequences, you're probably not going to put in a "Guilty" plea for that list.

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