Lawyers for the man accused of killing UnitedHealthcare executive Brian Thompson have filed a motion asking a court to exclude key evidence, including materials they argue were illegally obtained and wrongly presented as proof of terrorism. The defense team for the suspect, Luigi Mangione, filed the motion Thursday, accusing New York prosecutors of generating “hysteria and fear” in the high-profile case.
Mangione is charged by Manhattan District Attorney Alvin Bragg’s office with murder “in furtherance of an act of terrorism,” illegal weapon possession, and forgery in the December shooting death of Thompson in Manhattan.
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At the heart of the defense’s challenge is an alleged “manifesto” or writings found in Mangione’s backpack. His lawyers claim this evidence, along with alleged remarks Mangione made to officers upon arrest, should be deemed inadmissible. They argue police obtained the writings without a warrant, failing to meet the necessary legal threshold for such a search, and that Mangione’s alleged statements were taken before he was read his Miranda rights.
“This Court can ameliorate these constitutional concerns by staying this state case while Mr. Mangione literally fights for his life in federal court,” the motion stated, referencing separate capital charges filed by the Department of Justice (DOJ) against Mangione related to Thompson’s murder, for which the Trump administration announced on April 1 it would seek the death penalty.
The defense motion calls for the dismissal of the murder and terrorism charges. However, if the case proceeds, lawyers argue prosecutors should not be allowed to tell jurors about the notebook entries, including an alleged intention to “wack” an insurance executive, due to how the evidence was obtained.
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Prosecutors have cited evidence found at the scene, including bullets and shell casings marked with “deny,” “depose,” and “delay” – terms seemingly referencing health insurance claims processes – as supporting the terrorism charge, suggesting intent to “intimidate or coerce a civilian population.” Mangione’s lawyers countered this in their motion, arguing the evidence does not legally prove such intent.
The case has garnered national attention, becoming for some a symbol of outrage against the U.S. healthcare system. Mangione has reportedly received support, including fan mail, public protests for his release, and justifications for Thompson’s killing.
Mangione’s attorneys acknowledged that the case allegedly inspired a Florida woman arrested in December for reportedly telling a health insurance provider, “Delay, deny, depose. You people are next.” However, the defense motion placed blame on the prosecution and law enforcement for escalating the case’s profile and framing it as terrorism.
“This would have been an alleged murder of a man outside a hotel,” the defense motion read, describing Thompson’s death. “Instead, the police leaked what was written on the bullets; the police leaked Mr. Mangione’s alleged writings; and the police called these alleged writings a manifesto — a term synonymous with terrorism.”
“None of this was done by Mr. Mangione,” the motion asserted. “It was law enforcement that created the air of terrorism surrounding this alleged crime and who now seek to blame Mr. Mangione for the hysteria and fear they created.”
In addition to the New York state charges and the federal indictment, Mangione also faces charges in Pennsylvania, where he was arrested.
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