Luigi Mangione is planning to assert a psychiatric defense in his state murder trial on charges that he fatally shot
New York Judge
Mangione is charged with second-degree murder in the case that captured national headlines both for Thompson’s killing and a furious manhunt that ended days later at a McDonald’s in Altoona, Pennsylvania. Despite the horrific nature of the crime, Mangione has become a folk hero for many who say he expressed their rage at the health-care system.
An extreme emotional disturbance defense may be one of the few viable options for Mangione, who faces decades in prison if convicted in a high-profile case where prosecutors say the evidence is overwhelming. They have videos of the sidewalk shooting, fingerprint and ballistics evidence as well as writings in which Mangione allegedly expressed a desire to murder a health-care executive.
“The fact is, he has a tough case,” said Gary Galperin, an adjunct professor at Cardozo Law School in New York. “The DA has a notebook and a gun and other evidence.”
Beyond the state case, Mangione, 28, also faces a federal stalking trial for the slaying of Thompson outside a Manhattan hotel. The Ivy League graduate has pleaded not guilty in both cases. The state trial is set to begin on Sept. 8.
Mangione’s lawyers declined to say in court or after the hearing what may have caused his emotional problems.
Sealed Filings
At the hearing, Carro said that Mangione’s lawyers had notified the court in September that they planned to use a psychiatric defense, but that the related filings and transcripts are under seal.
The case has generated intense interest from the media, which asked Carro to unseal the records. The judge said he would do so “shortly.” Such records are likely to shed light on Mangione’s emotional state at the time of the shooting.
The judge must ultimately decide whether Mangione’s circumstances meet the criteria for a jury to hear the defense. Mangione’s lawyers could argue that his physical pain from a back injury and his frustrations with the health-care system provoked his extreme emotional disturbance at the time of the killing.
That strategy is different than a traditional insanity defense, which requires that a defendant prove that he suffers from a mental disease or defect.
Galperin, who spent more than 40 years in the Manhattan District Attorney’s office, said the emotional disturbance defense is a “strategic choice” to reduce his possible prison term.
The lawyer speculated that Mangione could say “I did it, I intentionally killed the victim, I knew what I was doing, and I knew that it was wrong.”
“However, at the time of the killing I was acting under the influence of extreme emotional disturbance for which there was a reasonable explanation or an excuse” Galperin, who isn’t involved in the case, said in an interview.
No Surprises
Prosecutors complained at the hearing Wednesday that defense lawyers had failed to turn over evidence to back up their claims.
“We have no basis to understand what their theory is,” said Joel Seidemann, an assistant district attorney. Thompson’s “family is entitled to their day in court,” he said.
Carro said that he wouldn’t allow Mangione’s lawyers to surprise prosecutors at the trial.
Defense lawyers now have to provide the DA with the name of their experts, and prosecutors can have Mangione evaluated by their own psychiatrist. Carro said that Mangione could be evaluated at Bellevue Hospital in Manhattan.
(Updates with additional outside lawyer’s comments starting in fifth paragraph)
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