Defense claims double jeopardy applies in Brian Thompson murder case

Prosecutors are seeking to proceed with the state-level charges against Mangione, who admitted to assassinating UnitedHealthcare CEO Brian Thompson, a 50-year-old father of two, by shooting him in the back outside a Hilton hotel in New York City. They argue that the state charges are distinct from the federal stalking charges to which Mangione pleaded guilty.

According to prosecutors, the fact that Mangione was not prosecuted for federal firearms offenses means double jeopardy does not apply. They further maintain that his withdrawal of a potential “extreme emotional disturbance” defense does not negate the federal case’s impact.

Mangione’s legal team, comprised of Karen Friedman Agnifilo, Marc Agnifilo, and Jacob Kaplan, refuted these arguments in a recent filing. They assert that even though federal firearms charges were dismissed, Mangione was still effectively “prosecuted” for them, triggering double jeopardy protections. His guilty plea to two federal charges, despite initially facing more, terminated the criminal action regarding the firearm.

The defense also argues that the stalking of Brian Thompson with the intent to kill is the same “core misconduct” as the murder itself. To overcome New York’s stricter double jeopardy law, prosecutors must demonstrate that the state charges address different “harms or evils” than those addressed by the federal charges. They contend that the federal stalking statute, like a state murder statute, aims to prevent the act of murder.

While acknowledging that the federal stalking charge includes elements like interstate travel and electronic communications, Mangione’s lawyers argue these are not central to the crime’s core evil – the act of killing. They state that these elements are related to preventing the crime of killing, making the statutes similar.

Mangione’s lawyers are requesting Judge Gregory Carro to dismiss the state murder charges. The Manhattan District Attorney’s Office, led by Alvin Bragg, has not yet responded to a request for comment. Jennifer Johnson and Maria Paronich of Fox News contributed to this report.