Attorneys for Luigi Mangione have intensified their legal strategy to prevent a New York state murder trial, arguing that his recent federal guilty plea effectively bars the state from prosecuting him for the same crime. The defense is relying on a double jeopardy argument to secure the dismissal of state-level charges against the admitted assassin.

The legal battle centers on the killing of Brian Thompson, the 50-year-old chief executive of UnitedHealthcare and father of two. Mangione shot Thompson in the back outside a Hilton hotel in Manhattan. He has already admitted to the assassination in federal court, where he pleaded guilty to specific charges.

Manhattan prosecutors have requested that Judge Gregory Carro reject the defense's motion to drop the state charges. The office of District Attorney Alvin Bragg contends that because Mangione was not ultimately prosecuted for federal firearms offenses, there is no double jeopardy barrier. They argue that the state murder charges address a different legal harm than the federal stalking charges to which Mangione pleaded guilty.

Additionally, the prosecution noted that Mangione had withdrawn a potential defense based on extreme emotional disturbance, a concept specific to New York law. They maintain that withdrawing this defense in the state context does not mean the federal case prevented him from using it, so the state trial should proceed.

In a reply made public over the weekend, Mangione's legal team, consisting of Karen Friedman Agnifilo, Marc Agnifilo, and Jacob Kaplan, challenged each of the prosecution's points. They asserted that although the federal firearms charges were dismissed, Mangione was still technically prosecuted for them. This puts him at risk of being tried again for the same conduct, they claimed.

The lawyers wrote that the statutory definition of being prosecuted does not require a defendant to plead guilty to every specific offense in an indictment. They explained that when Mangione entered his federal plea, the criminal action involving the possession and use of the firearm was terminated for the purposes of statutory double jeopardy.

The defense further argued that stalking a victim with the intent to kill them is the same core misconduct as murdering them. They stated that New York's double jeopardy law is more restrictive than the federal Constitution. Therefore, prosecutors must demonstrate that the state charges are designed to prevent different harms or evils than those addressed by the federal charges.

The attorneys emphasized that one of the primary harms addressed by the expansive federal stalking statute is stalking with the intent to kill, which results in the victim's death. They described the statute as similar to state murder laws, both of which are intended to keep people safe from being murdered, which they referred to as the oldest crime there is.

While acknowledging that the federal stalking charge includes elements such as interstate travel and the use of electronic communications, the defense argued these details are not related to the core evil of the crime, which is the killing itself. They stated that travel and electronics are not the evils being prevented, but rather methods used in the crime of killing or intending to kill another person.

Mangione's lawyers are currently asking Judge Carro to dismiss the state charges based on these arguments. The office of Manhattan District Attorney Alvin Bragg did not immediately respond to a request for comment regarding the ongoing legal dispute.