Luigi Mangione’s Lawyers Challenge Death-Penalty Charges in Federal Court
Updated: Aug 13
NEW YORK CITY — Luigi Mangione returned to federal court in Manhattan on Jan. 9 for a roughly two-and-a-half-hour hearing that centered on a question with potentially life-or-death consequences: whether the federal indictment legally supports the charge that makes him eligible for the death penalty.
Mangione entered the courtroom shortly after 11 a.m. with his ankles shackled and his hands free. He wore a tan prison uniform over a white long-sleeved shirt and took his place at the defense table between attorneys Karen Friedman Agnifilo and Marc Agnifilo, shaking hands with members of his legal team before sitting down.
The hearing marked Mangione’s first federal court appearance since his April 2025 arraignment, when he pleaded not guilty to the federal murder and stalking charges. This time, the arguments were largely about Counts Three and Four of the indictment: murder through the use of a firearm and the related firearm charge. If the defense succeeds in knocking out the death-eligible murder count, federal prosecutors would lose the charge on which they are seeking capital punishment.
At the center of the dispute was an unusually technical question of federal criminal law: whether the stalking offenses charged against Mangione can legally qualify as “crimes of violence.”
Defense attorney Paresh Patel argued that they cannot.
The federal firearm-murder count depends on the government establishing an underlying crime of violence. Prosecutors have identified the charged stalking conduct as that predicate. Mangione’s attorneys argued in their filings that the stalking statutes do not categorically meet that definition and therefore cannot sustain Counts Three and Four.
Patel told the court that stalking “fails to qualify as a crime of violence” and consequently cannot serve as the predicate offense necessary to expose Mangione to capital punishment.
Federal prosecutors disputed that interpretation. Their position was that the particular stalking offenses alleged here require proof of conduct that placed the victim in reasonable fear of death or serious bodily injury and resulted in the victim’s death — enough, they argued, to support the firearm counts.
Judge Margaret M. Garnett did not resolve the issue from the bench.
She described it as difficult.
“I want to think about it,” Garnett said, indicating that she would issue a written decision.
That decision could fundamentally reshape the federal prosecution. If the challenged counts survive, Mangione could continue to face a capital trial. If the defense succeeds in eliminating the death-eligible charge, the structure — and likely the timetable — of the trial would change substantially.
The defense has mounted additional attacks on the government's decision to pursue capital punishment. Mangione's attorneys have argued that authorities prejudiced the case through the highly publicized circumstances surrounding his return to New York and through public declarations concerning the death penalty made before he was formally indicted. They have also alleged a conflict involving Attorney General Pam Bondi and her former employer, Ballard Partners, a lobbying firm whose clients include UnitedHealthcare's parent company.
Federal prosecutors rejected those allegations, characterizing the conflict claim as unsupported and arguing that Bondi had no present or prospective financial interest in the outcome of the case. They also disputed the suggestion that the intense publicity surrounding Mangione's prosecution amounted to a constitutional violation.
The hearing also returned to another major evidentiary fight: Mangione's backpack and the evidence authorities say they recovered from it following his Dec. 9, 2024 arrest in Altoona, Pennsylvania.
The defense maintained that although police were entitled to take custody of Mangione's backpack to safeguard his belongings after his arrest, that did not necessarily give officers authority to open the bag and inventory its contents without a warrant.
Garnett appeared skeptical of at least part of that argument.
“I don't think it’s really disputed that if you’re arrested in a public place, the police are supposed to safeguard your personal property,” she said.
Unlike the extensive evidentiary hearing conducted in Mangione's parallel New York state prosecution, Garnett indicated that she did not presently believe a separate federal evidentiary hearing would be necessary. She reserved the right to reconsider and had not yet decided what, if anything, from the backpack should ultimately be suppressed.
The legal arguments unfolding inside the courtroom were accompanied by the now-familiar public attention surrounding Mangione's appearances. ABC reported that the gallery was filled with supporters, including two women who had flown from Sicily and gone directly from the airport to court; many supporters wore green. At the beginning of the proceeding, Garnett acknowledged the turnout.
“We have a full house here today,” she said, before emphasizing that courtroom decorum had to be maintained.
CBS described the gallery somewhat differently, reporting that it was not full and consisted largely of journalists, along with attorneys and members of the public. A smaller group of Mangione supporters also gathered outside the courthouse.
By the end of the hearing, no trial date had been formally set. But for the first time, the court began sketching out a concrete picture of when the federal case could reach a jury.
The parties targeted early September 2026 for jury selection. If the case proceeds without the death penalty, trial could begin later in the fall. If it remains a capital prosecution, the substantially more complicated jury-selection process could push opening statements into early winter.
ABC reported Garnett giving an even more specific outline: if capital punishment remained in play, jury selection could begin in early September, with the trial itself commencing around December 2026 or January 2027. If the death penalty were removed, the trial could begin in the fall.
In other words, the unresolved motions were no longer simply preliminary legal disputes. Their outcome would determine not only what evidence jurors might see and what charges Mangione would face, but also whether the federal proceeding would be a capital trial — and how soon that trial could begin.
The hearing concluded shortly before 2 p.m. Garnett set Mangione's next federal court appearance for Jan. 30, 2026, leaving the most consequential questions before her under consideration.


