#double-jeopardy

#double-jeopardy

If Judge Gregory Carro permits the state case to go forward, Mangione's lawyers have said they want him to dismiss terrorism charges and bar prosecutors from using evidence collected during Mangione's arrest last December, including a 9 mm handgun and a notebook in which authorities say he described his intent to "wack" an insurance executive. Prosecutors want the judge to force Mangione's lawyers to state whether they'll pursue an insanity defense or introduce psychiatric evidence of any mental disease or defect he may have.

Mangione's lawyers argued that the New York case and a parallel federal death penalty prosecution amounted to double jeopardy. But Judge Gregory Carro rejected that argument, saying it would be premature to make such a determination. It is Mangione's first court appearance in the state case since February. Mangione has attracted a cult following as a representative of frustrations with the health insurance industry.