'Not a death penalty case': Luigi Mangione's lawyers push back in UnitedHealthcare CEO murder trial; claim 'violation' of 5th and 6th Amendments

Attorneys for Luigi Mangione, accused of fatally shooting CEO Brian Thompson, filed a 114-page motion asking a federal judge to bar prosecutors from pursuing the death penalty and to dismiss the indictment altogether.

“The death penalty is being arbitrarily imposed in violation of the Fifth and Eighth Amendments, and the federal Death Penalty Act lacks constitutional procedures approved by Congress,” the filing stated in the US District Court for the Southern District of New York, on Friday.


Mangione’s legal team accused attorney general Pam Bondi, law enforcement officials, and New York City mayor Eric Adams of violating their client's constitutional rights and "prejudicing" the case through “extrajudicial statements” made during television appearances and on social media. In April, Bondi directed federal prosecutors to seek the death penalty, a move defense lawyers called “a political stunt.”

Earlier this week, New York state judge Gregory Carro dismissed state terrorism charges against Mangione but allowed second-degree murder and other counts to proceed. Mangione, 27, also faces federal charges and additional state charges in Pennsylvania, all of which he has pleaded not guilty to.

Federal prosecutors have until October 31 to respond to the motion. Mangione is scheduled to return to court on December 5, following the start of pretrial hearings in his state case. No trial dates have been set.

Thompson, 50, was shot dead in Midtown Manhattan on December 4 last year, just hours before the latter was due to speak at UnitedHealth Group’s investor conference. A masked gunman, later identified as Mangione, was arrested after a days-long manhunt.