NEW YORK — The defendant wore a bulletproof vest and shackles. A woman in the crowd wore a “Free Luigi” scarf. Outside, throngs of people cheered and chanted his name.
So it went Friday at a pretrial hearing for Luigi Mangione, the man accused of gunning down UnitedHealthcare CEO Brian Thompson outside a New York City hotel on Dec. 24.
Mangione, who has become something of a cause célèbre for people upset with the health insurance industry, made his first court appearance since his Dec. 23 arraignment on state murder and terror charges.
Mangione, 26, didn’t speak during the hearing. Judge Gregory Carro ordered him to remain handcuffed, calling it a security measure. Mangione’s lawyer, Karen Friedman Agnifilo, argued that the sight of the defendant in shackles in the closely watched case was robbing him of his presumption of innocence.
Carro set another hearing for June 26 but did not schedule a trial date.
Mangione’s state case is slated to go to trial before a parallel prosecution on federal charges that could carry the possibility of the death penalty. The maximum sentence for the state charges is life in prison without parole.
Friedman Agnifilo told Carro that the dual prosecutions were complicating defense preparations. She said federal prosecutors have not yet to decide whether to seek the death penalty.
Mangione also faces charges in Altoona, Pennsylvania, where he was arrested following a five-day manhunt. A Feb. 24 hearing there on charges of possessing an unlicensed firearm, forgery and providing false identification to police was canceled.
“We’re talking about there are three separate prosecutions that are happening about one event,” Friedman Agnifilo said, renewing her complaint that Mangione is being treated differently than other defendants because of the notoriety of the crime.
“One of the issues here is that the two theories of prosecution are opposite and inconsistent with one another,” Friedman Agnifilo told Carro, urging him to hold off on setting deadlines for pretrial court filings. “By defending ourselves in state court we are potentially providing fodder for the federal case.”
Manhattan prosecutors said they have turned over more than 800 gigabytes of evidence, including surveillance video and police body camera footage and data from DNA testing.
Carro ordered Mangione’s lawyers to make filings, known as motions, by April 9 and told prosecutors to file their responses by May 9. Friedman Agnifilo said she would be seeking to suppress some evidence seized during Mangione’s arrest.
“I don’t know about any other case in federal court or anywhere else. I’m dealing with this case,” Carro said, telling Friedman Agnifilo: “The sooner we order the hearings, the sooner you’ll have your suppression hearing.”
Mangione has pleaded not guilty to multiple counts of murder, including murder as an act of terrorism.
The killing of Thompson as he walked to an investor conference has sent shock waves through the corporate world, rattling executives who say they saw a spike in threats.
Among the items Mangione was carrying when he was arrested on Dec. 9 was notebook expressing hostility toward the health insurance industry, authorities said.
Mangione has attracted a cult following as a stand-in for frustrations over coverage denials and hefty medical bills. A poll taken in the wake of the shooting showed most Americans believe health insurance profits and coverage denials share blame.
About two-dozen people who showed up to court to support Mangione filed into the back of the courtroom gallery behind several rows of reporters.
Dozens more — mostly women in their 20s or 30s — queued in the hallway and cheered as Mangione’s defense team walked up. Court officers admonished some for taking photos or video, which isn’t allowed outside designated areas. One Mangione supporter sported a green “Luigi” hat from the “Mario Bros.” video game franchise and many wore green, the character’s color, as a symbol of solidarity.
Mangione, who wore a dark green sweater under the bulletproof vest, said in a recent statement on a website for his legal defense: “I am overwhelmed by — and grateful for — everyone who has written me to share their stories and express their support. Powerfully, this support has transcended political, racial, and even class divisions.”
Although the state case is slated to be tried first, Mangione is being held in a Brooklyn federal jail alongside high-profile defendants including Sean “Diddy” Combs and Sam Bankman-Fried.
Carro questioned that arrangement, which Friedman Agnifilo said has hampered defense preparations.
“Is there even an indictment in the federal case?” Carro asked.
“No,” Friedman Agnifilo said.
“So they’re holding him on a complaint,” the judge asked.
“With the defense’s consent,” prosecutor Zachary Kaplan said.
“When they’re hanging the death penalty over your head, you have no choice but to consent,” Friedman Agnifilo responded.
