The two main issues with Luigi Mangione case that would torpedo trial

New York City prosecutors face an uphill battle trying to convict Luigi Mangione in the murder of UnitedHealthcare CEO Brian Thompson.

The 26-year-old is accused of shooting Thompson, 50, at point-blank range as he was walking to a Manhattan hotel where his company was holding an investor conference on December 4.

Manhattan District Attorney Alvin Bragg later called the attack ‘a frightening, well-planned, targeted murder that was intended to cause shock and attention and intimidation,’ as he announced that Mangione will face terrorism charges.

‘It occurred in one of the most bustling parts of our city, threatened the safety of local residents and tourists alike, commuters and businesspeople just starting out on their day,’ Bragg said.

Under New York law, such a charge can be brought when an alleged crime is ‘intended to intimidate or coerce a civilian population, influence the policies of a unit of government by intimidation or coercion and affect the conduct of a unit of government by murder, assassination or kidnapping.’  

But it is unusual for New York prosecutors to apply terrorism charges in a case where they believe the broader target was a specific industry, rather than the government or the public at large.

He has already pleaded not guilty to the terrorism charges.  

And prosecutors will likely have a difficult time trying to convince a jury to convict Mangione amid his surging popularity. 

Following Thompson’s death, social media was flooded with UnitedHealthcare members sharing how their claims for necessary treatment were denied.

Investigators now believe Mangione, an Ivy League computer science grad from a prominent Maryland family, was propelled by anger at the US health care system.

He allegedly used bullets inscribed with the words ‘deny,’ ‘defend’ and ‘depose,’ in Thompson’s murder, and when he was found at a McDonald’s in Pennsylvania, he allegedly had a manifesto outlining his grievances against UnitedHealthcare. 

‘To save you a lengthy investigation, I state plainly that I wasn’t working with anyone. This was fairly trivial: some elementary social engineering, basic CAD, [and] a lot of patience,’ he allegedly wrote in the manifesto, according to the Daily Beast. 

He went on to say he had ‘respect’ for federal investigators, and apologized for causing any ‘traumas,’ but seemed to defend his alleged actions.

‘Frankly these parasites had it coming,’ the manifesto wrote. 

It claimed that the United States had the ‘most expensive healthcare system in the world,’ but blasted the system for making America only the 42nd in life expectancy.

Officers also said they matched a gun found on Mangione with the shell casings recovered at the scene and his fingerprints with a water bottle and energy bar wrapper found nearby.

Mangione was also said to have had a spiral notebook in which he wrote a ‘to-do list,’ ahead of the grizzly shooting, CNN reported.

In it, he allegedly toyed with the idea of using a bomb to kill Thompson – but he decided against the prospect because it ‘could kill innocents,’ and determined a shooting would be more targeted.

He also reportedly mused that it couldn’t get any better than ‘to kill the CEO at his own bean-counting conference,’ as Thompson was set to disclose the financial gains the company made this year.  

Despite the gruesome allegations, legions of fans have flocked to Mangione’s defense.

He has been flooded with support, including by donors keen to fundraise for his legal defense. 

Demonstrators were also seen outside his arraignment in New York on Monday clutching signs offering support for the murder-accused. 

Many of them view Mangione as a vigilante-style hero, who allegedly took drastic action to send a message to the healthcare industry.

It is now believed prosecutors charged Mangione with murder as an act of terrorism in an effort to send a message ‘to anyone thinking that they can try and change policy, whether in the government or corporate policy, by killing people,’ Michael F. Bachner, a defense attorney and former prosecutor in the Manhattan District Attorney’s Office told the New York Times. 

But James McGuire, a former prosecutor in the Manhattan DA’s Office who also served as an appellate court judge, noted that New York’s law describes a defendant’s intent to terrorize a ‘civilian population’ or influence the government. .

‘It’s hard to conclude that the Legislature intended the phrase “civilian population” to encompass persons working for health insurers who make coverage decisions,’ he said. 

It is also going to be difficult for prosecutors to find potential jurors who could convict Mangione on these charges, with CNN legal commentator Elie Honig saying that his case represents the ‘highest risk’ of jury nullification.

He told host Rahel Solomon that even though he ‘wouldn’t necessarily lose sleep’ over Mangione’s fame affecting his chance at a fair jury, he would be ‘nervous’ about the possibility of jury nullification – which occurs when jurors disregard the law because they believe it’s unjust, its application in a specific case is unfair or the punishment is disproportionate.

‘And for sure, this is the highest risk of nullification that I have seen in a long time, given the fame and fandom that this guy has somehow gained over social media,’ Honig said.

‘But it’s important to keep in mind, there are checks in place – first of all, the jury selection process.

‘People who are overtly biased in his favor, people who have posted on social media, that kind of thing, they will be weeded out. They will never even make it onto a jury.

‘The other thing is, the whole trial has the effect of sort of forcing people to get serious,’ Honig continued.

‘It’s really hard to sit through weeks worth of overwhelming evidence that this person shot his victim in the back and then just say, “Ah, heck with it, I kind of like this guy or I saw some social media meme”.’ 

‘So it’s always in play, but I think it’s important to understand we do have processes that sort of filter that kind of thing out.’

Ellen Brickman, director of a New York City-based trial-consulting firm, also explained that lawyers on both sides will likely pay special attention to whether potential jurors have extreme views about health insurance companies, whether they think violence is ever an acceptable response and how much they understand about mental health issues.

‘I think generally positive or negative feelings about health insurers are not necessarily going to translate into a belief that a health insurance executive should be murdered,’ she said.

Meanwhile, Mangione’s attorney Karen Friedman Agnifilo urged a New York Supreme Court judge on Monday to ensure her client gets a fair trial.

She warned that Mangione is being prejudiced by statements made by government officials, and took special aim at New York City Mayor Eric Adams – questioning why he was present at a press conference about the case.

Agnifilo claimed her client was being used a ‘political fodder’ by the ‘warring’ jurisdictions involved in the case, as she slammed the showy perp walk he has been subjected to as ‘unconstitutional’. 

Mangione now faces life in prison without parole on the state charges, and the possibility of the death penalty on the federal charges.

He is due back in court on February 21.