"Federal prosecutors can't seek the death penalty against Luigi Mangione in the killing of UnitedHealthcare CEO Brian Thompson, a judge ruled Friday, foiling the Trump administration's bid to see him executed for what it called a premeditated, cold-blooded assassination that shocked America. 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."
"In order to seek the death penalty, prosecutors needed to show that Mangione killed Thompson while committing another crime of violence. Stalking doesn't fit that definition, Garnett wrote in her opinion, citing case law and legal precedents. 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."
U.S. District Judge Margaret Garnett dismissed a federal murder charge that would have allowed prosecutors to seek the death penalty for Luigi Mangione in the killing of UnitedHealthcare CEO Brian Thompson. Garnett also dismissed a gun charge but left stalking charges intact; stalking carries a maximum punishment of life in prison. She found stalking does not qualify as the predicate violent crime required to make the murder eligible for capital punishment under legal precedents. Garnett allowed use of evidence seized from Mangione's backpack, including a 9 mm handgun and a notebook. Defense suppression arguments cited a warrantless search; rulings may be appealed. Garnett said the ruling applied Supreme Court dictates despite seeming counterintuitive.
Read at www.mercurynews.com
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