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.

  • zalgotext@sh.itjust.works
    1·
    4 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.comEnglish
      1·
      4 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.”