2d ago

Luigi Mangione attorneys seek dismissal of state murder case

abcnews.go.com

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.

69 comments

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

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.
- 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
  
  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.”
  
  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.
  
  Nah fuck em, we all know he did it.
- I read that, and then I read that it's more complicated than we might assume it is, so that's not always true. Obviously, the defense feels the same.

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.
- 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.
  
  To be honest I did not even read the article before commenting. This was meant for the ″Free Luigi″ people.
- How do you know Luigi did it?
- 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.”
- Holy shit we found the one person on the whole planet who might actually be wanted for this trials jury.
- 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.

Has be considered running for office? Then they can't convict him for fear of looking politically biased. That's how that works, right?
- Yore onto something, it's a strategy that's never failed in America
- Well only if he ran as Republican, but they would rather suck CEO cock.
  
  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.
- Think that only covers crimes like sedition, treason, fraud and serial rape.
- But they convicted trump……
  
  But didn't punish him so it was meaningless

Free Luigi. Also compensate him for wrongful prosecution.
- Imprison Luigi. No exceptions to the rule of law, not even for internet celebrities.
  
  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.
  
  Luigi is innocent.

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

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.
- 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...

Unconstitutional, eh?
Trump lawyer while rubbing their hands and salivating
- But they always quit a few weeks in.
  
  Or get moved to UN Ambassador.

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

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

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.
- 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.

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

“Attorney does what attorneys are paid to do”
Articles like this don’t even need to exist.
- Your name seems ironic then. News is the rough draft of history, the documentation of the state's injustice is important to exist.
  
  If you're free to murder your neighbors then your neighbors aren't free.
  
  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.
- 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.

69 comments