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Lawyers for Luigi Mangione, the 28-year-old former Ivy Leaguer accused of assassinating UnitedHealthcare CEO Brian Thompson, indicated he could use an “extreme emotional disturbance” defense, which, if successful, could reduce a murder conviction to first-degree manslaughter if jurors find him guilty after his September trial.
Mangione is also facing a federal trial slated for early next year.
“It’s too early to say exactly how it will affect the federal prosecution, and he could theoretically pursue a different defense strategy there,” said Randolph Rice, a Maryland-based attorney and legal analyst who is following the case. “But from a practical standpoint, if you’re standing in a state courtroom arguing that you shot someone because you were under extreme emotional distress, you may be handing federal prosecutors a significant admission that they can point to later.”
The move could significantly reduce the maximum sentence in the state case, if, at the end of the trial, jurors accept the defense but still believe prosecutors proved that Mangione killed Thompson. Murder would be reduced to first-degree manslaughter under New York law upon conviction, resulting in the maximum punishment going from life in prison to a max of 25 years.
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The “extreme emotional disturbance” defense requires his lawyers to convince jurors of three things at trial under New York law:
JUDGE REVEALS LUIGI MANGIONE WILL PURSUE PSYCHIATRIC DEFENSE IN UNITEDHEALTHCARE CEO ASSASSINATION CASE
First, Mangione must show whatever emotional distress he faced at the time of Thompson’s murder caused an intense “loss of self-control.”
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Second, he must have a “reasonable” explanation or excuse for having suffered this distress.
And third, he must have been under this distress at the time of the murder.
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“The defense is going to focus the jury on the precise moment of the shooting, not just what happened in the weeks or months leading up to it,” Rice told Fox News Digital Thursday. “Prosecutors will argue that journals, planning, travel and an alleged ambush show calculation, not loss of control.”
Mangione is accused of meticulously plotting Thompson’s assassination and traveling across the country to ambush him outside a business conference in New York City, where neither of them lived.
Mangione did not know Thompson and was not a UnitedHealthcare customer. According to prosecutors, however, he allegedly wrote journals about the plot months before the murder.
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“Ultimately, this defense rises or falls on whether jurors believe Mangione was experiencing such intense emotional distress at the moment of the murder that he lost self-control, or whether this was simply a planned and deliberate killing,” Rice said.
His defense in the New York case is not related to the separate federal trial looming ahead, which could send him to prison for life without the possibility of parole if he is convicted there.
“The defense has to balance any benefit they gain in the state case against the possibility that they’re giving the federal government evidence on a silver platter,” Rice said.
His defense team has already won a series of legal victories in both cases. He could have faced life without parole in New York if they hadn’t convinced a judge to toss terrorism-related charges, and in his federal case, the judge agreed to take the potential death penalty off the table ahead of trial.
He has pleaded not guilty to all charges. The state trial is scheduled to begin in September, with the federal trial to follow early next year.
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