There are two major issues in the Luigi Mangione case that could derail the trial

New York prosecutors face an uphill battle as they try to convict Luigi Mangione of murdering UnitedHealthcare CEO Brian Thompson.

The 26-year-old is accused of shooting Thompson, 50, at point-blank range as he walked to a Manhattan hotel where his company was holding an investor conference on Dec. 4.

Manhattan District Attorney Alvin Bragg later called the attack a “frightening, well-planned, targeted killing intended to cause shock, attention and intimidation” when he announced that Mangione would face terrorism charges.

“This happened in one of the busiest areas of our city, endangering 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 brought when the alleged crime is intended to “intimidate or coerce a civilian population, to influence the policy 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 bring terrorism charges in a case if they believe the broader target is a specific industry rather than the government or the public at large.

He has already pleaded not guilty to terrorism charges.

And prosecutors will likely have a hard time convincing a jury to convict Mangione amid his growing popularity.

After Thompson’s death, social media was flooded with UnitedHealthcare members talking about how their claims for necessary treatment had been denied.

Investigators now believe Mangione, an Ivy League computer science graduate from a prominent Maryland family, was motivated by anger at the US health care system.

He allegedly used bullets with the words “deny,” “defend” and “remove” during Thompson’s murder, and when he was found at a McDonald’s in Pennsylvania, he allegedly had a manifesto outlining his grievances against UnitedHealthcare.

“To spare you a lengthy investigation, I state directly that I did not work with anyone. It was pretty trivial: some rudimentary social engineering, basic CAD (and) a lot of patience,” he wrote in the manifesto, according to the Daily Beast.

He went on to say he “respects” federal investigators and apologized for causing any “trauma,” but appeared to defend his alleged actions.

“Frankly, these vermin had intent,” the manifesto reads.

It claimed that the United States had “the most expensive health care system in the world,” but criticized the system for giving America only 42nd life expectancy.

Officers also said they matched the 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 is said to have had a spiral notebook in which he wrote a “to-do list” before shooting the grizzly, CNN reported

In it, he allegedly saw the idea of ​​using a bomb to kill Thompson, but he rejected that prospect because it “might kill innocents” and decided that the shooting would be more targeted.

He also reportedly thought there could be nothing better than “killing the CEO at his own bean-counting conference” as Thompson was set to release the company’s financial results this year.

Despite the horrific allegations, legions of fans have come to Mangione’s defense.

He has received support, including from donors who seek to raise funds for his defense.

Demonstrators holding placards in support of the accused murderer were also seen near the scene of the indictment in New York on Monday.

Many see Mangione as a vigilante-style hero who allegedly took drastic action to send a message to the health care industry.

Prosecutors are now believed to have charged Mangione with the killing as an act of terrorism to send a message “to anyone who thinks they can try to change government or corporate policy by killing people.” -Michael F. Bachner, a defense attorney and former prosecutor in the Manhattan District Attorney’s Office. said the New York Times.

But James McGuire, a former prosecutor at the Manhattan District Attorney’s Office who also served as an appeals court judge, noted that New York law describes a defendant’s intent to terrorize the “civilian population” or influence the government. .

“It is difficult to conclude that the Legislature intended the phrase “civilian” to include individuals employed by insurance companies making coverage decisions,” he said.

Prosecutors will also struggle to find potential jurors to convict Mangione on those charges, with CNN legal commentator Eli Honig saying his case poses the “highest risk” of jury nullification.

He told host Rachel Solomon that while he “won’t necessarily lose sleep” over Mangione’s fame affecting his chances of a fair jury trial, he will be “nervous” about the possibility of a jury nullification happening , when jurors disregard the law because they believe it is unfair, its application in a particular case is unfair, or the punishment is disproportionate.

“And certainly this is the highest risk of annulment that I’ve seen in a long time, given the fame and popularity that this guy has somehow gained through social media,” Honig said.

“But it is important to remember that there are checks – first of all, 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 make it to the jury.

“The other thing is that the whole lawsuit seems to force people to get serious,” Honig continued.

“It’s really hard to go through weeks of overwhelming evidence that this person shot their victim in the back and then just say, ‘Oh shit, I kind of like this guy or I saw some meme on social media.’

“So it’s always in play, but I think it’s important to understand that we have processes in place that kind of filter out things like that.”

Ellen Brickman, director of a New York litigation consulting firm, also explained that lawyers on both sides are likely to pay particular attention to whether potential jurors hold extreme views about health insurance companies, whether they think violence is an acceptable response, and to what extent they understand mental health issues.

“I think that general positive or negative feelings about health insurers won’t necessarily translate into a belief that the health insurance chief should be killed,” she said.

Meanwhile, Mangione’s attorney, Karen Friedman Agnifilo, on Monday urged a New York Supreme Court judge to give her client a fair trial.

She warned that Mangione was biased against the claims of government officials, and took particular notice of New York City Mayor Eric Adams, asking why he was present at a news conference about the case.

Anyifilo claimed her client was being used as “political fodder” by the “adversary” jurisdictions involved in the case as she criticized the criminal’s ostentatious behavior he was subjected to as “unconstitutional”.

Mangione now faces life in prison without parole on the state charges and the possibility of the death penalty on the federal charges.

He is due back in court on February 21.