A federal grand jury has returned a four-count indictment against Luigi Mangione, the man accused in the Dec. 4 killing of a health care executive in Manhattan, the government said on Thursday.
Mr. Mangione was originally charged after his arrest in a federal complaint, but the indictment and Attorney General Pam Bondi’s April 1 announcement that prosecutors will seek the death penalty suggest the Trump Justice Department is moving more aggressively toward a trial.
“The president’s directive was very clear: We are to seek the death penalty when possible,” Ms. Bondy said on Fox News Sunday on April 6.
The indictment, returned in U.S. District Court, means a federal grand jury has found probable cause to charge Mr. Mangione, a relatively low threshold of proof but one that is required under the Fifth Amendment for a felony prosecution to proceed. Along with the indictment comes the assignment of a judge, who will rule on motions and disputes and supervise any trial and death penalty proceeding.
The indictment levies no additional charges against Mr. Mangione, 26, who the authorities say carried out the brazen killing of the executive, Brian Thompson, 50, as Mr. Thompson walked to an early morning conference at a midtown Manhattan hotel. Mr. Mangione was arrested five days later at a McDonald’s in Altoona, Pa., and was returned to New York to face charges. He is expected to be arraigned on the new indictment soon.
For some, Mr. Mangione’s case has become a magnet for anger at the nation’s privatized health care system; his most recent appearance in the Manhattan criminal courthouse attracted hundreds of supporters, some lining the hallways and others protesting outside.
He has also been deluged with correspondence in the federal jail in Brooklyn where he is being held, and his lawyers have created a website to provide information about his case. An online fund-raising page set up to benefit his legal defense lists donations totaling more than $900,000 as of Thursday.
Mr. Mangione is facing parallel prosecutions in New York, which began when he was first indicted by the office of Alvin L. Bragg, the Manhattan district attorney, on a count of first-degree murder in furtherance of an act of terrorism, which carries a potential life prison sentence without parole.
Two days later, the Manhattan U.S. attorney’s office said it had charged Mr. Mangione in Federal District Court with using a firearm to commit murder, which carries a potential death penalty. At the time, the U.S. attorney’s office said Mr. Bragg’s case was “currently expected to proceed to trial before the federal case.”
One reason may have been the complexities of prosecuting a federal death penalty case, which can take a year or longer to go to trial. That includes a period in which defense lawyers can make detailed presentations to both the local U.S. attorney’s office and the Justice Department in Washington to argue against capital punishment.
Mr. Mangione’s lawyers recently filed a legal brief accusing Ms. Bondi of violating established protocols in announcing her decision without affording the defense a fair chance to be heard. They asked that prosecutors be precluded from seeking the death penalty in the case.
The lawyers, including Karen Friedman Agnifilo and Avi Moskowitz, said their request to the Justice Department to have three months to investigate and prepare a comprehensive “mitigation submission” arguing against the death penalty was ignored.
The lawyers said they were able to offer written and oral presentations to the government only before Mr. Trump assumed office and the Justice Department’s leadership changed.
The lawyers argued that Ms. Bondi’s decision was “explicitly and unapologetically political.” They cited her Fox News interview and they claimed that she released her decision publicly “so she would have ‘content’ for her newly launched Instagram account.”
Prosecutors responded in a court filing that Mr. Mangione’s lawyers had cited no legal authority for the idea that they could prevent the government from seeking capital punishment before indictment.
The prosecutors added that the request was premature because there was not yet an indictment and they had not even filed a formal notice with the court that the government would seek capital punishment.
Benjamin Weiser is a Times reporter covering the federal courts and U.S. attorney’s office in Manhattan, and the justice system more broadly.
Hurubie Meko is a Times reporter covering criminal justice in New York, with a focus on the Manhattan district attorney’s office and state courts.
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