Luigi Mangione’s defense depends on mentality, emotion and evidence

(Bloomberg) — Video. Fingerprints. A weapon. A manifesto. A plan.

Police say they have amassed overwhelming evidence that Luigi Mangione shot and killed UnitedHealth Group Inc. executive Brian Thompson in an early-morning slaying on a midtown Manhattan sidewalk that resonated across the United States.

Mangione, 26, was arrested Dec. 9 in Altoona, Pennsylvania, ending a five-day manhunt. While the former software engineer sits in a nearby jail, fighting extradition to New York (a fight he may soon abandon), he hired high-powered New York defense attorney Karen Friedman Agnifilo to represent him.

Friedman Agnifilo and his legal team will have their work cut out for them.

The video showed a person matching Mangione’s description in New York before and after the Dec. 4 shooting, which was also captured on a security camera. The New York Police Department said investigators have compared Mangione’s fingerprints to evidence found near the scene, and that three bullet casings they recovered match a ghost gun Mangione had when he was arrested.

At the time of his arrest, Mangione showed police a fake ID that New York authorities said was used by the suspect to check into an Upper West Side shelter. And Mangione carried a manifesto denouncing the health industry and a notebook that talked about the selective murder of a CEO.

Some former prosecutors said the case is exactly the type they expect.

“I tried much weaker cases than this one appears to be and I won,” said Ken Taub, who tried dozens of homicide cases in Brooklyn, New York. “I would love to have a case like this.”

Mangione is presumed innocent, like anyone else accused of a crime in the United States. If he goes to trial, prosecutors will have to convince 12 jurors beyond a reasonable doubt that he is guilty.

This might be harder than it seems. Friedman Agnifilo could attack the evidence on multiple fronts. A plea of ​​insanity is also possible. And in a case that has generated immense publicity and strong emotions, it can be difficult to find jurors who can put aside their personal feelings.

A relative of Mangione who released a family statement following Luigi’s arrest did not respond to a request for comment.

Mangione’s family released a statement following the arrest, saying they were “shocked and devastated” by the news. A family member did not respond to a request for comment about Mangione’s New York attorney and the defense case they might present.

Friedman Agnifilo cannot fully inspect the evidence until Mangione is charged in New York. At a news conference Friday, Manhattan District Attorney Alvin Bragg alluded to the possibility of Mangione waiving extradition, which would expedite his return to New York. No extradition hearing had been scheduled as of Friday, a Pennsylvania courts spokeswoman said.

Before the shooting, Mangione was on his way to success. He was valedictorian of his class at a prestigious high school, earned two degrees from the University of Pennsylvania, and worked as a data engineer at TrueCar Inc.

However, earlier this year, he reportedly withdrew from contact with family and friends, fueling speculation during intense media coverage about his mental health.

Under New York law, Friedman Agnifilo could argue that his client had a “mental disease or defect,” meaning the defense team would try to show that Mangione did not understand the nature and consequences of his actions.

In fact, Friedman Agnifilo suggested such a defense before she was hired to represent him.

“It seems to me that there might be a not guilty by reason of insanity defense that they will be thinking about because the evidence that he did what he did will be so overwhelming,” Friedman Agnifilo told CNN.

Friedman Agnifilo declined an interview request from Bloomberg.

Such a defense, if allowed by a judge, would require an evaluation of Mangione by an independent psychiatrist to determine whether he is competent to stand trial.

However, Gary Galperin, who spent more than 40 years as a prosecutor in the Manhattan district attorney’s office, said the defense is unlikely to succeed.

“Clearly, he knew what he was doing,” Galperin said. “He knew that a gun could fire a bullet that could kill, and he knew it was wrong, because he fled the jurisdiction and tried to hide his identity.”

Once Mangione arrives in New York, Friedman Agnifilo could argue that some or all of the evidence was improperly collected, violates his rights or is irrelevant.

None of the evidence police have touted so far has had to withstand judicial scrutiny, said attorney Susan J. Walsh. “What is sometimes tempting to the public is not necessarily the truth,” he said.

Each party would also seek to form a jury in its favor. Friedman Agnifilo is likely to look for jurors who are skeptical of police and prosecutors, who sympathize with a promising young defendant, or who indicate they are open or sharing their grievances about the healthcare industry.

“Culture, politics, outside influences and attitudes always influence the jury, no matter what,” Walsh said.

Taub, the former prosecutor, said the case “will be won” because of jury selection. He said social media posts expressing disdain for the deceased executive’s perceived role in the American healthcare system suggest the defense could find jurors unwilling to convict.

Prosecutors are likely to reject any attempt to portray Mangione as a righteous vigilante. Under New York law, a defendant is not allowed to present a defense that attempts to appeal to prejudice or aversion toward the health insurance industry, Galperin said.

Pennsylvania Gov. Josh Shapiro, the state’s former attorney general, warned against celebrating Mangione.

“Listen to me on this,” Shapiro said. “He’s not a hero.”

Friedman Agnifilo will evaluate the strength of the prosecution’s case and weigh its appetite for a trial, before exploring a possible guilty plea.

One factor that could motivate Mangione to accept a deal is the prospect of spending less time in prison. Mangione has been charged with second-degree murder, which carries a maximum prison sentence of 25 years to life in prison.

Mangione could be offered a lesser sentence if he pleads guilty, although prosecutors probably won’t offer much leniency, Galperin said.

“Given the deliberate and cold-blooded nature of all of this and the malicious intent behind all of this, I don’t see this as a plea to anything other than murder,” he said.

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