New York City prosecutors face an uphill battle to convict Luigi Mangione in the murder of UnitedHealthcare CEO Brian Thompson.
The 26-year-old is accused of shooting Thompson, 50, at close range as he walked 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 killing designed to cause shock, attention and intimidation,” while announcing that Mangione will be charged with terrorism.
“It happened in one of the most vibrant parts of our city and threatened the safety of local residents as well as tourists, commuters and business people just starting their day,” Bragg said.
Under New York law, such a charge can be filed when an alleged crime is “intended to intimidate or coerce a civilian population, to influence the policies of a governmental unit by intimidation or coercion, and to influence the conduct of a governmental unit by murder,’ murder or kidnapping.’
But it is unusual for New York prosecutors to charge terrorism in a case in which they believe the broader target was a specific sector, rather than the government or the general public.
He has already denied guilt on the terrorism charges.
And prosecutors will likely have difficulty convincing a jury to convict Mangione, given his rising popularity.
Luigi Mangione, 26, faces charges in New York for the December 4 murder of UnitedHealthcare CEO Brian Thompson
He is accused of opening fire on the health insurer’s CEO as he walked outside a Manhattan hotel
After Thompson’s death, social media was flooded with UnitedHealthcare members describing how their claims for necessary treatment were denied.
Researchers now believe that Mangione, an Ivy League computer science student from a prominent Maryland family, was propelled by anger at the U.S. health care system.
He allegedly used bullets with the words “deny,” “defend” and “impeach” in Thompson’s murder, and when he was found at a McDonald’s in Pennsylvania, he reportedly had a manifesto detailing his grievances against UnitedHealthcare explained.
‘To spare you a lengthy investigation, I clearly state that I have not collaborated with anyone. This was fairly trivial: some basic social engineering, basic CAD, (and) a lot of patience,” he reportedly 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 “trauma” but appeared to defend his alleged actions.
“To be honest, these parasites already expected it,” the manifesto wrote.
It claimed that the United States had the “world’s most expensive health care system” but criticized the system for only ranking America 42nd in life expectancy.
Officers also said they matched a gun found on Mangione to shell casings found at the scene and his fingerprints to a water bottle and energy bar wrapper found nearby.
Mangione was arrested in Pennsylvania after a five-day manhunt
It is believed that he carefully planned Thompson’s murder, reportedly writing that it couldn’t get any better than “killing the CEO at his own bean counting conference.”
Mangione also allegedly had a spiral notebook in which he wrote a “to-do list” prior to the grizzly shooting. CNN reported.
In it, he reportedly toyed with the idea of using a bomb to kill Thompson, but decided against it because it “might kill innocents,” deciding that a shooting would be more targeted.
He also reportedly mused that it couldn’t get any better than “killing the CEO at his own bean counting conference” as Thompson was about to announce the financial gains the company made this year.
Despite the horrific allegations, legions of fans have flocked to Mangione.
He has been flooded with support, including from donors seeking to raise money for his legal defense.
Protesters were also seen outside his arraignment in New York on Monday, holding signs supporting the murder accused.
Many of them view Mangione as a vigilante-style hero, who reportedly took drastic measures to send a message to the healthcare system.
It is now believed that prosecutors have charged Mangione with murder as an act of terror in an attempt to send a message “to anyone who thinks they can try to change policy, whether it’s government or corporate policy, by killing people,” Michael F. Bachner, 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 district attorney’s office who also served as an appellate judge, noted that New York law spells out a suspect’s intent to terrorize a “civilian population” or to harm the government. to influence. .
“It is difficult to conclude that the Legislature intended the term ‘civilian population’ to include individuals who work for health insurers and who make coverage decisions,” he said.
It will also be difficult for prosecutors to find potential jurors who could convict Mangione on these charges, with CNN legal commentator Elie Honig saying his case represents the “highest risk” of jury nullification.
He told host Rahel Solomon that while he “wouldn’t necessarily lose sleep” over Mangione’s fame affecting his chances of a fair jury, he would be “nervous” about the possibility of jury nullification — which occurs when jurors ignore the law because they believe it is unjust, that its application in a specific case is unfair, or that the punishment is disproportionate.
“And this is certainly the biggest risk of destruction I’ve seen in a long time, given the fame and fandom this man has somehow gained through social media,” Honig said.
Despite the gruesome allegations, legions of fans have come to Mangione’s defense to express support for the apparent political motives for the murder.
‘But it is important to bear in mind that there are checks taking place – primarily the jury selection process.
“People who are openly biased in his favor, people who have posted on social media, things like that, will be weeded out. They will never even end up on a jury.
“The other thing is that the whole process has the effect of forcing people to get serious,” Honig continued.
“It’s really hard to go through weeks of overwhelming evidence that this person shot his victim in the back and then just say, ‘Oh well, I like this guy, or I saw a meme on social media.’
“So it always plays a role, but I think it’s important to understand that we have processes in place that filter out those kinds of things.”
Ellen Brickman, principal of a New York City-based litigation consulting firm, also explained that attorneys on both sides will likely pay special attention to whether potential jurors have extreme views about health insurers, whether they think violence is ever an acceptable response and whether they think violence is ever an acceptable response. how much they understand about mental health issues.
“I think generally speaking, positive or negative feelings about health insurers are not necessarily going to translate into a belief that a health insurer executive should be killed,” she said.
Mangione pleaded not guilty to the terrorism charges Monday in Manhattan Criminal Court
Meanwhile, Mangione’s attorney Karen Friedman Agnifilo on Monday urged a New York Supreme Court judge to ensure her client receives a fair trial.
She warned that Mangione is being biased by statements made by government officials, and took special aim at New York Mayor Eric Adams, questioning why he was present at a news conference on the case.
Agnifilo alleged that her client was being used as “political fodder” by the “warring” jurisdictions involved in the case, while labeling the ostentatious perp walk he was subjected to as “unconstitutional.”
Mangione now faces a life sentence without parole on the state charge, and the possibility of the death penalty on the federal charge.
He must appear in court again on February 21.