Luigi Mangione’s defense team wants at least two counts against him in the New York state indictment dismissed.
His attorneys filed a motion containing photos of Mangione’s arrest at a Pennsylvania McDonald’s.
Attorney Karen Agnifilo claims that evidence was obtained illegally, that terrorism charges do not apply, and that the concurrent state and federal prosecutions violate the double jeopardy provision.
Her filing contends that his statements to law enforcement were unconstitutional because he was not given his Miranda rights, and that any evidence from his backpack should be suppressed because it was obtained without a search warrant.
Agnifilo characterized it as a “legal tug-of-war between state and federal prosecutors” and a “unprecedented prosecutorial one-upmanship.”
As an alternative, Agnifilo wrote that the court could halt the state case while Mangione’s federal death penalty case is heard.
Mangione is charged with the murder of UnitedHealthcare CEO Brian Thompson. The 26-year-old has been accused of ambushing Thompson outside a Midtown hotel in December.
So far, New York state prosecutors have not responded.
Mangione is facing 11 state charges in New York, including murder and terrorism, as well as charges in Pennsylvania for forgery and weapons. Federal prosecutors have also charged him with stalking, a firearms offense, and murder with a firearm. Federal prosecutors say they plan to seek the death penalty.