Legal experts say death penalty in Mangione case hinges on proving premeditation

WASHINGTON (TNND) — United States Attorney General Pam Bondi is directing federal prosecutors to seek the death penalty for Luigi Mangione. Mangione is accused of shooting and killing United Healthcare CEO Brian Thompson outside a hotel in midtown Manhattan on December 4th, 2024.

Angelo Petrigh, a clinical associate professor at Boston University's School of Law, tells us, Tuesday's announcement by Bondi was expected.

"Everything they had sort of signaled so far had suggested that they were going to pursue this," Petrigh said.

But he says it's true this crime is not one that necessarily would be pursued since there are over a dozen aggravating factors, considered by a jury, to decide whether or not to impose the death penalty.

"In this case, what we know about the facts so far really only triggers one of those factors," said Petrigh.

In her formal statement announcing the decision, Bondi referenced one factor: substantial planning and premeditation. Writing in part, "Luigi Mangione’s murder of Brian Thompson — an innocent man and father of two young children — was a premeditated, cold-blooded assassination that shocked America."

"She is sort of earmarking why they believe it's not only eligible for the death penalty but appropriate to pursue the death penalty in this case," Petrigh said.

Christopher Slobogin with Vanderbilt University's Law School tells us, even if there is a conviction on capital murder charges, there is also a sentencing hearing, and it may be difficult for the government to establish that one aggravating factor.

"Criminal history, criminal record, or killing more than one person or killing for money, and it's not clear that any of those types of aggravating circumstances existed in this case," Slobogin said.

That is why he believes this is not a slam dunk case.

"It's not iron clad. There is a possibility that a jury will not find that the death penalty is warranted here," said Slobogin.

The federal judge in this case did appoint a death penalty expert to the defense team in February. Mangione has pled not guilty to state charges and has not yet entered a plea to the federal charges. He is due back in federal court on April 18th.