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How Luigi Mangione’s legal defence could take shape

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Forensic and ballistic proof that police say ties the accused assassin of healthcare insurance coverage CEO Brian Thompson to the crime scene will make it tough for his attorneys to mount a defence, former prosecutors and different authorized consultants say.

Luigi Mangione, 26, was arrested in Pennsylvania on Monday after a days-long, multi-state manhunt ended at a McDonalds within the city of Altoona.

New York authorities say fingerprints and shell casings hyperlink him to the crime scene.

His lawyer, Thomas Dickey, earlier advised native media he had not “seen any evidence yet” implicating his shopper.

He stated Mr Mangione would plead not responsible to the costs he faces in Pennsylvania, together with firearms costs.

In New York, he has been charged with second-degree homicide over Mr Thompson’s killing and it’s not clear how he would plead. He is at the moment being held in a state jail in Pennsylvania the place he’s preventing extradition to face that homicide cost. The authorized battle over his extradition may probably take greater than a month to resolve, officers stated.

But authorized consultants advised the BBC that his efforts to contest his extradition to New York are unlikely to achieve success. They may, nonetheless, present his defence with a glimpse into the state’s proof in opposition to him.

“I don’t even know if this is him,” his lawyer, Mr Dickey, stated in a latest interview with US media outlet NewsNation, referring to photographs of Mr Thompson’s killer.

“We’re going to test those waters and give the government a chance to bring some evidence forward,” he stated.

If he’s extradited to New York to face the homicide cost, Mitchell Epner, a New York-based lawyer and former prosecutor, advised the BBC that there are, broadly, two approaches that Mr Mangione may take if he pleads not responsible.

“Defence number one is ‘it wasn’t me’ and defence number two is ‘it was me, but I shouldn’t be punished’ because of X,” he stated.

According to New York police, Mr Mangione was discovered with a gun just like the homicide weapon, a silencer and a pretend ID, in addition to three handwritten pages which they consider counsel a possible motive.

Mr Epner stated that the publicly recognized proof up to now means denying accountability is “out the window”.

Another New York-based lawyer, prison defence lawyer and Professor Dmitriy Shakhnevich, stated Mr Mangione’s lawyer may additionally, in concept, argue that an impaired “mental status” makes him unfit to face trial.

“If a judge makes a determination that he’s misunderstanding, or not understanding, what’s happening in court, then essentially the case won’t go forward,” he stated.

“He’ll be institutionalised for a period of time until he’s deemed to be fit, which may be never.”

That defence, Mr Shakhnevich added, is totally different to a plea of madness, wherein his attorneys may argue that “he’s not responsible for his actions because of some mental defect”.

“That could also deem him not guilty, because you won’t satisfy the elements of the offence,” he stated. “But then again, he doesn’t go free. He would be institutionalised for a period, assuming that defence is successful.”

The begin of Mr Mangione’s authorized battles has prompted nameless donors to chip in 1000’s of {dollars} in direction of his defence by way of on-line fundraisers.

It comes as some on-line have shared help for the suspect and anger on the medical insurance trade. The New York City Police Department has additionally warned some healthcare executives are probably in peril due to a “hit list” posted on-line after Mr Thompson’s homicide.

In a bulletin, the NYPD stated a number of viral posts included the names and salaries of different insurance coverage executives. Mocked-up needed indicators that includes some executives have additionally been posted in Manhattan.

Mr Mangione allegedly had grievances with the broader trade.

Timothy Gallagher, a former FBI agent and the managing director of Nardello and Co, a worldwide investigations agency, stated the present local weather means the “threat of a copycat is real”.

“There are people out there who have grievances and are observing the amount of press and attention that is being given to the accused,” he stated.

Mr Gallagher stated that there was an “outpouring of support from dark corners of the internet” for anti-corporate causes.

“I’m afraid that may fuel follow-on attacks,” he stated.

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