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.

  • Freshparsnip@lemm.ee
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    3 months 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?

      • 3laws@lemmy.world
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        3 months ago

        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.

          • Sconrad122@lemmy.world
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            3 months ago

            Except what you said is imprison him. You called for an innocent man to be imprisoned. Are you 100% certain that you aren’t letting a subconscious bias about his innocence into your thoughts by using that language?

            • finitebanjo@lemmy.world
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              3 months ago

              I personally believe he did it, but I will respect the outcome of the trial, unlike the person directly above me who wants Luigi freed without trial.

    • KingPorkChop@lemmy.ca
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      3 months ago

      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.

  • SSNs4evr@leminal.space
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    3 months 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.

  • givesomefucks@lemmy.world
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    3 months ago

    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.

  • laserm@lemmy.world
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    3 months 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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      3 months 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

      • mic_check_one_two@lemmy.dbzer0.com
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        3 months 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.”

    • orcrist@lemm.ee
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      3 months ago

      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.

  • Libra00@lemmy.world
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    3 months ago

    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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      3 months ago

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

      • Libra00@lemmy.world
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        3 months ago

        There are better ways to say that if that was their intent. Like:

        They’ve also pointed to passages of Mangione’s writings, which described Mangione’s deepening fixation on UnitedHealthcare and an increasing malice over what he claims to be the corporation’s greed.

        Purported greed just smacks of cowardice.

        • finitebanjo@lemmy.world
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          3 months ago

          That’s wordier and the connotation paints Luigi as a lunatic and UHC as some sort of saint, I think the original has minimal bias for the purpose of the trial.

          • Libra00@lemmy.world
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            3 months ago

            It was just a half-assed attempt to provide an example, I’m just a dude on the internet who doesn’t write headlines all day, I’m sure someone who does could come up with something better.

  • FreedomAdvocate@lemmy.net.auBanned from community
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    3 months ago

    “Attorney does what attorneys are paid to do”

    Articles like this don’t even need to exist.

    • Stamau123@lemmy.worldOP
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      3 months ago

      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.auBanned from community
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        3 months 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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          3 months 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?

  • OfficerBribe@lemm.ee
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    3 months ago

    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.

    • andallthat@lemmy.world
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      3 months ago

      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.

    • notgivingmynametoamachine@lemmy.world
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      3 months ago

      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.”