Attorneys for Luigi Mangione moved for dismissal of the state charges against him on Thursday, citing violations of Mangione’s constitutional rights.
In the motion to dismiss, Mangione’s attorney Karen Friedman Agnifilo claimed the state charges violated Mangione’s rights under the Fourth and Fifth Amendments to the US Constitution. Friedman Agnifilo claimed the “most troubling” reason the court should throw out the state case is the possibility of a violation of the Fifth Amendment’s Double Jeopardy Clause, which protects defendants from being tried twice for the same offense. The clause bars prosecution after an acquittal or conviction and bars multiple punishments for the same offense.
Friedman Agnifilo stated:
This situation is rare in that, unlike the few historical concurrent state and federal death penalty cases in which the state prosecution is always either stayed or dismissed or the federal death penalty case is brought only after the state case is resolved, here Mr. Mangione is
Leave a Reply