MANGIONE SEEKS TO DISMISS STATE CASE
Mangione had beforehand pleaded not responsible in April 2025 to federal homicide, weapons and stalking fees.
Garnett threw out the homicide and weapons fees over authorized technicalities in a shock ruling in January 2026. The choice eradicated the likelihood that Mangione would face the loss of life penalty within the federal case.
Mangione individually pleaded not responsible in December 2024 to state terrorism, homicide, weapons and forgery fees introduced by Manhattan District Legal professional Alvin Bragg. The terrorism fees were thrown out by a judge in September 2025.
A trial within the state case is scheduled for Sep 8 earlier than Justice Gregory Carro in Manhattan. Mangione would face 25 years to life in jail if convicted of second-degree homicide.
Of their movement to dismiss the state case below New York’s double jeopardy regulation, Mangione’s attorneys mentioned dealing with one other trial would violate his due course of rights below the Fifth Modification to the US Structure.
Bragg’s workplace may oppose the transfer. A spokesperson for Bragg mentioned in an announcement, “We’re ready to litigate the protection motions. The Manhattan D.A.’s Workplace stays dedicated to searching for justice for Mr. Thompson and his household.”
New York’s double jeopardy regulation carves out exceptions for crimes which have totally different components or are geared toward stopping “very totally different sorts of hurt or evil.”
The stalking fees have totally different components than homicide however nonetheless require intent to kill, which may make it tough for state prosecutors to argue that the trial ought to go ahead, in keeping with Catherine Christian, a protection lawyer and former Manhattan prosecutor.
“Prosecutors will say it is a totally different statute, however the protection will argue it’s about aspiring to kill and killing somebody – that’s what our consumer pled led to, and it is splitting hairs to say they’re totally different,” Christian mentioned.
