His defense attorney said “prosecutorial one-upmanship” resulted in Mangione facing state and federal charges in New York and separate charges in Pennsylvania.
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.
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.
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.
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.
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.
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.