
"U.S. District Judge Margaret Garnett dismissed a federal murder charge that had enabled prosecutors to seek capital punishment, finding that it was technically flawed. She wrote that she did so to "foreclose the death penalty as an available punishment to be considered by the jury" as it weighs whether to convict Mangione. Garnett also dismissed a gun charge but left in place stalking charges that carry a maximum punishment of life in prison."
"In a win for prosecutors, Garnett ruled that prosecutors can use evidence collected from his backpack during his arrest, including a 9 mm handgun and a notebook in which authorities say Mangione described his intent to "wack" an insurance executive. Mangione's lawyers had sought to exclude those items, arguing the search was illegal because police hadn't yet obtained a warrant. The rulings could be subject to appeals."
U.S. District Judge Margaret Garnett dismissed a federal murder charge that had allowed prosecutors to seek the death penalty against Luigi Mangione for the killing of UnitedHealthcare CEO Brian Thompson. Garnett also dismissed a gun charge but left stalking counts that carry a maximum of life in prison. She found stalking did not qualify as a "crime of violence" required to support a capital penalty. The judge permitted use of evidence from Mangione's backpack, including a 9 mm handgun and a notebook with alleged statements of intent. Defense counsel had sought suppression of those items as the result of an unwarranted search. The rulings may be appealed.
Read at Brooklyn Eagle
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