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.

  • laserm@lemmy.world
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    6 hours ago

    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.

    • zalgotext@sh.itjust.works
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      6 hours ago

      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

      • laserm@lemmy.world
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        6 hours ago

        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.

      • mic_check_one_two@lemmy.dbzer0.com
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        6 hours ago

        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.”

        • zalgotext@sh.itjust.works
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          6 hours ago

          Right, sure. At which point, pointing out that “double jeopardy doesn’t apply” is kind of just needless pedantry.

          • mic_check_one_two@lemmy.dbzer0.com
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            6 hours ago

            I mean, it doesn’t apply. That is already pretty firmly established by precedent. But again, this is simply getting the courts to officially acknowledge that the prosecutors are pushing ahead even though they know the lawyers are stretched thin.

  • Freshparsnip@lemm.ee
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    1 day ago

    Has be considered running for office? Then they can’t convict him for fear of looking politically biased. That’s how that works, right?

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    1 day ago

    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.

    • RainaLillius@lemm.ee
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      2 hours ago

      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…

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    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.

    • The Quuuuuill@slrpnk.net
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      well if they did that who would make the school lunch burritos in compton that feeds our nations white kids?

    • finitebanjo@lemmy.world
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      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.

    • TransplantedSconie@lemm.ee
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      1 day ago

      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?”

      • Catoblepas@lemmy.blahaj.zone
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        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?

  • Libra00@lemmy.world
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    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.

    • finitebanjo@lemmy.world
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      2 hours ago

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

  • barneypiccolo@lemm.ee
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    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.

    • Avatar_of_Self@lemmy.world
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      5 hours ago

      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.

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      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.

    • Stamau123@lemmy.worldOP
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      Your name seems ironic then. News is the rough draft of history, the documentation of the state’s injustice is important to exist.

      • FreedomAdvocate@lemmy.net.au
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        6 hours ago

        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.

        • Avatar_of_Self@lemmy.world
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          5 hours ago

          Which “left”?? You mean politicians? The wealthy? The hate for him crosses party lines with few exceptions.

          Regular people though? That’s a different story. Not sure it is mostly people leaning left though. It wouldn’t be the first time GOP supporters licked the boots as they press against their necks, so it wouldn’t surprise me.

          Isn’t the party motto like “Pls tread on me sirs!” or something?