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Defense Moves to Toss Death-Penalty Count, Suppress Evidence in UnitedHealthcare CEO Killing

The court set a November deadline for the government to answer a defense bid to throw out the death-eligible count plus key evidence from Mangione’s Altoona arrest.

Overview

  • Luigi Mangione’s attorneys filed a motion in Manhattan federal court seeking dismissal of the murder‑with‑a‑firearm count, arguing the predicate stalking charges are not legally “crimes of violence.”
  • The filing also asks the judge to suppress Mangione’s statements and items seized at a Pennsylvania McDonald’s, claiming he was questioned without Miranda warnings and that police searched his backpack without a warrant.
  • Prosecutors say the bag contained a homemade gun, ammunition and other materials, evidence the defense argues was unlawfully obtained and should be excluded from any federal trial.
  • The death-penalty exposure hinges on linking the killing to a qualifying crime of violence, a threshold the defense says recent court rulings have narrowed in ways that undermine the government’s theory.
  • Prosecutors are due to respond in November, a federal hearing is set for Dec. 5, and the state case continues after a judge tossed terrorism counts in September while leaving a second‑degree murder charge; Mangione has pleaded not guilty and remains held without bail.