NEW YORK — Luigi Mangione plans to assert a psychiatric defense at his state murder trial, claiming he was suffering from extreme emotional disturbance when he gunned down UnitedHealthcare CEO Brian Thompson, a judge said Wednesday. It wouldn't absolve him of the Dec. 4, 2024, killing, but could free him from prison sooner.
If a jury accepts that defense, the panel would convict Mangione of manslaughter and he would face up to 25 years in prison. Alternatively, the jury could reject the extreme emotional disturbance defense and convict him of murder, which carries a potential life sentence. That defense isn’t available in his federal case.
Judge Gregory Carro announced the decision in court Wednesday, two weeks after holding a secret hearing on the matter at the defense's request. He said he will unseal a transcript and other records from that proceeding once redactions are made.
Mangione’s lawyers first raised the possibility of a psychiatric defense in a sealed letter in September and confirmed the decision at the June 3 hearing, Carro said. They could still change their minds. Prosecutors want Mangione evaluated by a psychiatric expert.
“The reasons for the sealing was to give the defense an opportunity to determine whether they were going forth with that defense and the nature of that defense,” Carro said.
Carro said he didn’t expect the development to delay Mangione’s trial, which is scheduled to start Sept. 8. The federal trial, which involves stalking charges, is set to begin on Oct. 13.
Mangione, 28, has pleaded not guilty in both cases.
Sitting between his lawyers and wearing a blue suit, he tried to block his face with a large envelope as news photographers crowded near him at the start of Wednesday's hearing. He didn't appear to have any reaction as Carro spoke about the planned psychiatric defense.
At a February hearing, Mangione had railed against the prospect of two trials, telling Carro: “It’s the same trial twice. One plus one is two. Double jeopardy by any commonsense definition.”
An emotional disturbance defense is not the same as a not guilty by reason of insanity defense, which would allow a defendant to go to a psychiatric facility instead of prison.
To establish an emotional disturbance defense, Mangione’s lawyers must demonstrate that the disturbance was so extreme it robbed him of self-control; that, in his mind, there was a reasonable explanation for the disturbance; and that it influenced him to kill Thompson.
Heather Cucolo, a New York Law School professor and expert in mental health law, said Mangione's lawyers could try to accomplish that by having a psychologist testify about his mental state at the time of the killing and the extent of any trauma, abuse or emotional instability he's suffered. But, she said, they aren't required to show any proof of a mental illness or show he was in danger.
The circumstances of Mangione's case could make it tough for his lawyers to convince jurors to accept a defense that people often associate with crimes of passion or a sudden outburst where someone is given shocking information that evokes a strong response, Cucolo said.
Prosecutors say Mangione planned the attack, wrote in a notebook about wanting to “wack” a health insurance executive and traveled from out of state to ambush Thompson, 50, as the CEO walked to a Manhattan hotel for an investor conference. “Delay,” “deny” and “depose” were written on the ammunition, police said, mimicking a phrase describing how insurers avoid paying claims.
“People want to view this within a relatively short period of time and they want it to be simply laid out,” Cucolo said, giving the example of a spousal killing over infidelity. As time passes, she said, “people are not as willing to accept this emotional response that ends up in the death of a human being.”
Mangione’s lawyer, Karen Friedman Agnifilo, protested Carro's decision to unseal materials related to his psychiatric defense, saying it will be “prejudicial to his defense to the exact same facts” in his federal case.
Last month, Carro ruled that the notebook and a 3D-printed pistol, which prosecutors say matches the gun used to kill Thompson, can be used as evidence against Mangione. But he said a loaded gun magazine and other items were seized during an "improper warrantless search" when he was arrested in Pennsylvania five days after the killing.
On Wednesday, Carro dismissed a charge related to the magazine.
__
This story has been corrected to show that Mangione could receive less prison time as a result of a conviction using this defense, not be sent to a psychiatric facility.