Double jeopardy could spell end of state case after Luigi Mangione’s guilty plea

Defense argues New York cannot try Mangione over same act or offense as federal case – the killing of Brian Thompson

Luigi Mangione ’s plea to federal stalking charges in UnitedHealthcare CEO Brian Thompson’s death has spurred questions about the fate of the separate Manhattan murder case against him, with experts saying New York’s double-jeopardy law could derail that trial.

Mangione pleaded guilty to one count of interstate stalking resulting in death, and one count of cyberstalking through use of interstate facilities resulting in death, in connection with the 4 December 2024 shooting outside a Midtown hotel. Both charges carry a potential maximum life sentence.

Mangione’s bombshell plea came as a shock to public, media and legal observers who thought his state trial would commence in less than one month. He appeared in state court on Tuesday for the final pre-trial conference in that case, with jury selection slated to start in early September.

While Mangione pleaded guilty to stalking counts, he admitted to gunning down Thompson during his allocution, telling Garnett: “I shot Mr Thompson in Manhattan and he died.” This conduct overlaps with the actions in his state-level murder charge.

Legal experts said that New York’s double jeopardy law – which means you can’t be tried twice for the same crime – almost certainly comes into play because of this apparent overlap. Indeed, moments after Mangione’s plea proceeding wrapped, his legal team announced they were moving to dismiss the state case – arguing in their filing that its continuation would violate state double jeopardy prohibitions.

“Dual prosecutions are prohibited if they’re part of the same criminal act or occurrence” explained Neama Rahmani, founder of West Coast Trial Lawyers and a former federal prosecutor. “The defense is arguing that the federal stalking and the state murder were all part of the same criminal act or offense.

“So that’s the magic language – the same criminal act or offense,” Rahmani said, adding that Mangione’s lawyers’ push for dismissal could go either way but “I do think they’ll be successful.”

Anna Cominsky, professor of law and director of the criminal defense clinic at New York Law School, said that Mangione’s team was “making an argument that because of what will be a conviction in federal court, the state is precluded from prosecuting the same conduct in state court”.

The Manhattan state court judge Gregory Carro will now need to issue a briefing schedule for both sides to make their legal arguments. There might also be a hearing, or some sort of court appearance, to discuss this issue.

“All of that has to be resolved before jury selection,” Cominsky said. “Even if this case proceeded, it’s not going to start on September 8.”

Legal arguments are going to focus on the issue of being prosecuted twice.

“What’s key to me is what he [said] in court today,” Cominsky said. “His [statement] was really focused on the same elements that the state would have to prove.”

Given that Mangione said he shot Thompson, “in my opinion, the state is going to have a hard time making an argument that factual allegation can be distinguished” from the state accusation.

“The state case is dead,” said Ron Kuby, a longtime criminal defense attorney whose practice focuses on civil rights. “It hasn’t been taken off life support yet, but it will be.”

Kuby said that Carro would throw out Mangione’s state case.

New York state’s double jeopardy law “provides more protection” than the federal statute.

Under New York state’s constitution, one cannot be tried twice “for the same or substantially similar acts, unless there is some clear independent crime that wasn’t covered by the original prosecution.”

“Nothing is going to happen on September 8th,” Kuby said.

Manhattan prosecutors, who had not effectively cooperated with their federal counterparts to preclude the risk of double jeopardy, said they planned on fighting defense efforts to thwart the state-level case.

“The Manhattan DA’s Office has been tirelessly preparing to pursue a trial conviction in New York State Supreme Court for the alleged cold-blooded murder of Brian Thompson. We are encouraged that Mr Thompson’s family received a measure of accountability today,” the Manhattan district attorney’s office said in a statement. “While federal sentencing is pending, we are prepared to litigate the defense motions … The Manhattan DA’s Office remains committed to seeking justice for Mr Thompson and his family.”