Mangione’s lawyers contend that authorities prejudiced his case by turning his December 2024 arrest into a “Marvel movie” spectacle and by publicly declaring their desire to see him executed even before he was formally indicted.
If that doesn’t work, they argue, the charge that has enabled the government to seek the death penalty — murder by firearm — should be thrown out because it is legally flawed.
Federal pprosecutors say Mangione’s lawyers are wrong, countering that the murder charge is legally sufficient and that “pretrial publicity, even when intense” is hardly a constitutional crisis. Any concerns about public perceptions can be alleviated by carefully questioning prospective jurors about their knowledge of the case, prosecutors wrote in a court filing.
Mangione has pleaded not guilty to federal and state murder charges, which carry the possibility of life in prison.
Friday's hearing, Mangione’s first trip to Manhattan federal court since his April 25 arraignment, is also expected to cover the defense’s bid to exclude certain evidence. U.S. District Judge Margaret Garnett has said she also plans to set a trial date.
A cause celebre for people upset with the health insurance industry, Mangione’s court appearances have draw dozens of supporters, some of whom wear green clothing or carry signs expressing solidarity with him.
Mangione’s lawyers have asked the judge to bar the government from using certain items found in a backpack during his arrest, arguing that the search was illegal because police had not yet obtained a warrant.
Those items include a gun that police said matched the one used to kill Thompson and a notebook in which he purportedly described his intent to “wack” a health insurance executive.
