The case of terrorism driven by Manhattan’s public prosecutor against Luigi Mangione failed on Tuesday when a New York judge concluded that the evidence did not prove that he committed a terrorist act by allegedly killing the CEO of UnitedHealthcare.
The decision to reject the two most serious charges against Mangione – a homicide premeditated to promote an act of terrorism and manslaughter as a crime of terrorism – represented a victory for the 27 -year -old defendant whose lawyers had asked the accusations to be withdrawn.
However, Mangione also faces a guilty murder accusation that may result in a penalty from 25 years in prison to life imprisonment, as well as a separate federal process that can lead to
“No proofs of desire to terrorize the audience, inspire widespread fear, undertake a broader campaign of violence or conspire with organized terrorist groups,” wrote Judge Gregory Car in his decision.
Why did the judge refuse the accusations of terrorism?
Mangione was indicted in December by a large jury of Manhattan in New York, United States, 11 accusations, including murder and guilty murder as a crime of terrorism, as well as illegal possession of weapons and forgery.
The accusation of murder claimed that he killed the executive “for an act of terrorism”, legally defined as the intention to intimidate or coerce the civilian population, or a government unit.
Mangione’s defense team had requested the withdrawal of the accusations in part because crimes of terrorism, according to the New York law, refer to attacks against various civilians, not against a single individual. Judge Gregory Car agreed.
It was “very different,” he noted, from the examples of terrorism contemplated in the New York Statute, in which the prosecutors were based to accuse Mangione of terrorism, in part because the act targeted only one person.
Prosecutors tried to point out two precedents: the 1994 shot attack against a vehicle carrying Jewish students on the Brooklyn Bridge and the 1997 attack from the Empire State Building lookout, both classified as terrorist acts, although there was only one fatality.
But these comparisons were “inappropriate,” wrote the judge. In these cases, several people were injured, and the attackers left clear motivations more: in Empire State Building, the perpetrator sought to avenge Palestinians, while the Brooklyn Bridge aggressor had Jews as a specific target.
“The selective murder of an individual – though heinous and despicable – is not ‘comparable,'” the judge said.
Moreover, although the state emphasized the alleged “ideological” purposes of Thompson’s death, this was not enough to meet the definition of terrorism, according to the decision.
For the legal analyst of CNNJoey Jackson, the judge’s decision “was not surprising and was very brave.” “In my opinion, it is a well -founded decision,” said Jackson.
“The judge really justifies with facts and the law, and I think it took a lot of courage, in a case of great repercussion, not to do the easiest thing,” he explained. For Jackson, the decision shows that the judge thoroughly revised New York’s anti -terrorism status to understand what he sought to approach.
The judge also concluded that Mangione did not seek to influence or coerce the civilian population, a requirement of the state’s anti -terrorism status. The texts found in his backpack “make it clear that Mr. Mangione did not seek to terrorize any community,” his lawyers argued.
Prosecutors, in turn, argued that the deliberate murder of Thompson, CEO of the country’s largest insurer, with whom Mangione had no personal connection, sought to “violently convey a social and political message to the general public.” They also pointed to fear among UnitedHealthcare employees after the crime.
The judge, however, ruled that employees of a single company do not constitute a “civil population” under state law. He also noted that federal prosecutors did not accuse Mangione of terrorism, although federal law is the “model” for the law in New York.
“Although the defendant clearly expressed animosity regarding UnitedHealthcare and the health sector in general, it does not seem to be his goal would be intimidating and coercing a civilian population,” the judge wrote.
Legal analyst Joey Jackson noted that any murder creates an “intimidating effect.” “But does that automatically mean that the intention was to intimidate or influence the entire population? Judge Gregory Car concluded not,” he said.
A spokesman for the public prosecutor of Manhattan, Alvin Bragg, told the CNN that the office respects the court’s decision “and will proceed with the other nine pending charges,” including manslaughter.
The decision “changes the dynamics” of the case against Mangione, said Jackson. “Now it’s a common case of homicide,” he said, clarifying that he did not intend to minimize the gravity of the CEO’s death. Instead of proving terrorism, prosecutors now need to prove the elements of manslaughter: “Was it a premeditated and intentional murder? Yes or no. Point.”
Judge refused to overthrow prosecution of murder
Judge Gregory Car’s decision came the moment Mangione, dressed in a beige jumpsuit and handcuffed wrists and ankles, entered the Manhattan court awaiting the result of various defense motions to interrupt or postpone the trial in New York.
In addition to the arguments against, Mangione’s lawyers sought the full rejection of the murder accusation, arguing that he faces at least case federal accusations. The defense stated that it was unprecedented and unsustainable that Mangione had to defend herself in both cases simultaneously.
But the judge determined that state and federal processes against Mangione do not yet constitute a violation of the constitutional clause of double incrimination. He cited a precedent for the US Supreme Court that allows the same criminal act to be processed by “two sovereignties.”
He also decided that Manhattan promoters could not use evidence obtained from the health insurer Aetna. The defense claims that Mangione’s medical records were obtained improperly.
Finally, the judge scheduled an audience for December 1 to consider another defense request: the suppression of evidence seized at the time of arrest and testimonials given to the authorities.
The hearing will take place almost a year after the CEO’s murder day in front of a hotel in the Midtown Manhattan region of New York, where it held its annual investor conference.
Apoiadores de Luigi Mangione
Mangione supporters have often attended audiences, often dressed in green and carrying posters.
Tuesday’s appearance (16) was no exception: dozens of people ran into the Manhattan criminal court, while a group of protesters gathered outside to demonstrate support.
Upon discovering that the accusations of terrorism had been withdrawn, the crowd exploded in applause. Mangione’s lawyers, Karen and Marc Agnifilo, briefly thanked protesters after
Since his arrest in December last year, Mangione has raised more than $ 1.2 million in an online campaign, with donations of only $ 5.
After Tuesday’s hearing, contributions continued, many of $ 100 or more.
