*
Luigi Mangione faces 11 state charges, including murder
and
terrorism
*
Maximum NY sentence is life without parole if convicted
*
Federal charges could lead to death penalty
*
Charges based on conflicting theories, says defense lawyer
*
Mangione seen as folk hero by some for anti-healthcare
industry
stance
(Adds background, details from court hearing in paragraphs 2,
5-7)
By Jack Queen and Luc Cohen
NEW YORK, Dec 23 (Reuters) -
Luigi Mangione, the man accused of fatally gunning down
health insurance executive Brian Thompson on a Manhattan street,
pleaded not guilty on Monday to New York state murder charges
that brand him a terrorist.
Mangione, 26, was escorted into Judge Gregory Carro's
13th-floor courtroom in the New York state criminal courthouse
in lower Manhattan with a court officer on each arm, and a
procession of a half dozen officers following him. He was in
handcuffs and shackles, and wore a burgundy sweater over a
white-collared shirt.
Mangione leaned into a microphone and said "not guilty" when
asked how he pleaded to the 11-count indictment, which includes
three murder charges, including murder as an act of terrorism.
If convicted, he faces a maximum sentence of life in prison
without the possibility of parole.
Last Thursday, Mangione was transferred from Pennsylvania to
New York after deciding not to fight extradition. He was led off
a helicopter in lower Manhattan by a large phalanx of police
officers and New York City Mayor Eric Adams.
That spectacle and other statements by public officials
suggest Mangione may not be able to get a fair trial, his lawyer
Karen Friedman Agnifilo said at the hearing.
"They are treating him like he is some sort of political
fodder, some sort of spectacle," Agnifilo said. "He is not a
symbol, he is someone who is afforded a right to a fair trial."
Monday's arraignment was the second court appearance in New
York for Mangione, 26.
He was arrested at a McDonald's restaurant in Altoona,
Pennsylvania, five days after the brazen, pre-dawn Dec. 4
killing of Thompson, the CEO of UnitedHealth Group's ( UNH )
insurance unit UnitedHealthcare, outside a hotel in midtown
Manhattan where the company was gathering for an investor
conference.
Mangione also faces a four-count federal criminal complaint
charging him with stalking and killing Thompson. He has not yet
been asked to enter a plea to those charges. U.S. Magistrate
Judge Katharine Parker ordered Mangione detained at a Dec. 19
presentment on those charges.
'DENY, DEFEND, DEPOSE'
More than two dozen members of the public sat in the
audience of the courtroom where Mangione was presented.
A small group of protesters had gathered outside the lower
Manhattan courthouse in freezing temperatures expressing support
for Mangione and anger at healthcare companies.
One person held a sign saying "DENY, DEFEND, DEPOSE," the
words police say were found etched on shell casings at the crime
scene. The words echo tactics some accuse insurers of using to
avoid paying out claims.
While the killing of Thompson has been condemned by public
officials, Mangione has been feted as a folk hero by some
Americans who decry the steep costs of healthcare and the power
held by insurance companies to deny paying for some medical
treatments.
The federal charges would make him eligible for the death
penalty, should the U.S. Attorney's Office in Manhattan decide
to pursue it.
The separate federal and state cases will proceed in
parallel. The state case is currently expected to go to trial
first, federal prosecutors said.
Mangione's lead lawyer, Friedman Agnifilo, said at the
federal court hearing that the two sets of charges appeared to
be based on conflicting theories. The state charges accuse
Mangione of intending to "intimidate or coerce a civilian
population" and influence policy, while the federal charges
accuse him of stalking and killing an individual.
Friedman Agnifilo said the two cases seemed completely
different, and she asked prosecutors to clarify whether both
would continue. Dominic Gentile, a federal prosecutor, said
Thursday's initial appearance was not the appropriate time to
address those legal arguments.
According to the federal criminal complaint, the police who
arrested Mangione found a notebook that contained several
handwritten pages that "express hostility towards the health
insurance industry and wealthy executives in particular."
A notebook entry dated Oct. 22 allegedly described an intent
to "wack" the chief executive of an insurance company at its
investor conference.