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Mangione Defense Seeks to Bar Death Penalty, Says 'Perp Walk' Tainted Case

The 114-page filing argues due process was violated by a choreographed arrest display plus public comments from top officials, with a government response due Oct. 31.

Overview

  • Defense lawyers asked U.S. District Judge Margaret Garnett to dismiss the federal indictment or remove capital punishment, citing unconstitutional prejudice from a televised helicopter ‘perp walk’ and officials’ commentary.
  • They argue Attorney General Pam Bondi’s April 1 directive to pursue execution and subsequent media statements politicized the case and tainted the grand jury that returned a death‑eligible count.
  • Federal prosecutors in Manhattan must file their response by Oct. 31, with Mangione’s next federal appearance set for Dec. 5, when a 2026 trial date could be discussed.
  • Earlier this week, New York Justice Gregory Carro threw out two terrorism‑related murder counts in the state case, leaving second‑degree murder and weapons charges that carry up to life in prison.
  • Mangione still faces federal counts including murder through use of a firearm, interstate stalking and a firearms offense, while a separate Blair County, Pa., case is stalled over his in‑person appearance request.