October 12, 2025
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Mangione defense moves to toss death‑eligible federal count, suppress evidence; prosecutors say DOJ posts won’t taint trial

Luigi Mangione’s lawyers filed motions in Manhattan federal court seeking to dismiss the only death‑eligible count, 18 U.S.C. § 924(j), contending the alleged predicate offense — stalking — is not a "crime of violence," and asking to suppress his statements and backpack evidence on Miranda and warrant‑violation grounds (they say he was questioned at a McDonald’s without being Mirandized and his backpack was searched without a warrant). Prosecutors say public social‑media posts by DOJ employees won’t taint the trial; investigators have noted ammunition at the scene marked "delay," "deny" and "depose," and a state judge last month dismissed related state terrorism charges on double‑jeopardy grounds.

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📌 Key Facts

  • Defense filed new motions in Manhattan federal court seeking dismissal of the only death‑eligible federal count (18 U.S.C. § 924(j)) and suppression of Luigi Mangione’s statements and backpack evidence.
  • Defense argues the § 924(j) charge is invalid because prosecutors have not identified a qualifying predicate "crime of violence"—alleged stalking, they say, does not meet that standard—and contends federal statutes are being stretched, arguing the case should be tried in state court.
  • Defense asks courts to suppress Mangione’s statements on Miranda grounds, saying he was questioned at a McDonald’s and was not read his Miranda rights before questioning.
  • Defense seeks suppression of evidence from a backpack search that yielded a gun and ammunition, arguing the search was warrantless and violated the Fourth Amendment.
  • The filing reiterates a prior request to remove death‑penalty exposure and cites public comments/directives by then‑AG Pam Bondi characterizing the killing as a "premeditated, cold‑blooded assassination."
  • Investigators found ammunition at the scene marked with the words "delay," "deny" and "depose," a phrase associated with critics of the insurance industry.
  • CBS reports that a Manhattan Criminal Court judge last month dismissed Mangione’s state terrorism charges on double‑jeopardy grounds and provides a detailed flight/arrest timeline: Mangione biked to Central Park, took a taxi to a bus depot, and was later arrested in Altoona, Pennsylvania after a McDonald’s tip.

📰 Sources (5)

Luigi Mangione's lawyers seek dismissal of federal charges
https://www.facebook.com/CBSNews/ October 12, 2025
New information:
  • Defense confirms a new filing early Saturday in Manhattan federal court to dismiss the 18 U.S.C. § 924(j) count and suppress his statements and backpack evidence on Miranda and warrant grounds.
  • CBS adds that a Manhattan Criminal Court judge last month dismissed Mangione’s state terrorism charges after double‑jeopardy arguments.
  • Article includes Bondi’s April directive to seek the death penalty with the quoted characterization of the killing as a 'premeditated, cold‑blooded assassination that shocked America.'
  • Reiterates detailed flight/arrest timeline (bike to Central Park, taxi to a bus depot, later arrested in Altoona, PA on a McDonald’s tip) not specified in the prior summary.
Luigi Mangione defense makes stunning new bid to quash death penalty charge in UnitedHealth CEO slaying
Fox News October 11, 2025
New information:
  • Defense filed new motions Saturday asking a federal judge in Manhattan to dismiss several federal charges, including the only death‑eligible count.
  • Defense argues the case should be tried in state court, not federal court, claiming prosecutors stretched federal statutes beyond their intent.
  • Motion seeks suppression of Mangione’s statements on grounds he was not Mirandized at a McDonald’s before questioning.
  • Motion challenges a warrantless backpack search that yielded a gun and ammunition as a Fourth Amendment violation.
  • Reiterates the argument that the alleged predicate — stalking — is not a 'crime of violence' for purposes of the §924(j) firearm-murder charge.
Luigi Mangione's lawyers seek a dismissal of federal charges in CEO killing
NPR by The Associated Press October 11, 2025
New information:
  • Defense filed new papers early Saturday in Manhattan federal court seeking dismissal of the death-eligible 18 U.S.C. § 924(j) count and suppression of Mangione’s statements and backpack evidence, citing lack of Miranda warnings and a warrantless search.
  • Defense argues again that the alleged predicate offense — stalking — is not a "crime of violence" and thus cannot support the § 924(j) charge.
  • Investigators found ammunition at the scene marked with the words "delay," "deny" and "depose," echoing a slogan used by insurance-industry critics.
Luigi Mangione's lawyers seek dismissal of federal charges in assassination of UnitedHealthcare CEO
ABC News October 11, 2025
New information:
  • Defense filed motions asking the judge to dismiss the only death‑eligible federal count (murder via firearm during a 'crime of violence') and to suppress Mangione’s statements and backpack evidence.
  • Defense argues prosecutors have not identified a qualifying predicate 'crime of violence' and that alleged stalking does not meet that standard.
  • Defense says Mangione was not read Miranda rights before questioning and that officers searched his backpack without a warrant.
  • Filing reiterates prior request to remove death penalty exposure that cited public comments by AG Pam Bondi.