NEW YORK (AP) 鈥� plans to assert a psychiatric defense at his state murder trial, claiming he was suffering from extreme emotional disturbance when he gunned down , a judge said Wednesday. It wouldn’t absolve him of the Dec. 4, 2024, killing, but could free him from prison sooner.
If a jury accepts that defense, the panel would convict Mangione of manslaughter and he would face up to 25 years in prison. Alternatively, the jury could reject the extreme emotional disturbance defense and convict him of murder, which carries a potential life sentence. That defense isn鈥檛 available in his federal case.
Judge Gregory Carro announced the decision in court Wednesday, two weeks after holding a on the matter at the defense’s request. He said he will release a transcript from that hearing and other records once redactions are made.
鈥楴othing is going to be a surprise,鈥� judge warns
Carro said Mangione鈥檚 lawyers first notified him in a sealed letter last September that they planned to pursue a psychiatric defense and confirmed the decision at the June 3 hearing.
But, the judge warned, they’re 鈥渃oming close to not being able to put forth that defense鈥� after prosecutors complained that Mangione’s lawyers had yet to give them details about what they say triggered their client’s extreme emotional disturbance. Prosecutors need to know that before they have their own psychological expert evaluate him, Carro said.
鈥淣othing is going to be a surprise,鈥� Carro told Mangione鈥檚 lawyers. 鈥淚鈥檓 not going to let you surprise the People on the eve of trial. So, get it done.鈥�
Carro said he didn鈥檛 expect the development to delay Mangione鈥檚 trial, which is scheduled to start Sept. 8. The federal trial, which involves stalking charges, is set to begin on Oct. 13.
Mangione, 28, has pleaded not guilty in both cases.
Sitting between his lawyers and wearing a blue suit, he tried to block his face with a large envelope as news photographers crowded near him . He didn鈥檛 appear to have any reaction as Carro spoke about the planned psychiatric defense.
At a February hearing, Mangione had railed against the prospect of two trials, telling Carro: 鈥淚t鈥檚 the same trial twice. One plus one is two. Double jeopardy by any commonsense definition.鈥�
An emotional disturbance defense is not the same as a not guilty by reason of insanity defense, which would allow a defendant to go to a psychiatric facility instead of prison.
Circumstances of case could hamper defense, expert says
To establish an emotional disturbance defense, Mangione鈥檚 lawyers must demonstrate that the disturbance was so extreme it robbed him of self-control; that, in his mind, there was a reasonable explanation for the disturbance; and that it influenced him to kill Thompson.
Heather Cucolo, a New York Law School professor and expert in mental health law, said Mangione’s lawyers could try to accomplish that by having a psychologist testify about his mental state at the time of the killing and the extent of any trauma, abuse or emotional instability he’s suffered. But, she said, they aren’t required to show any proof of a mental illness or show he was in danger.
The circumstances of Mangione’s case could make it tough for his lawyers to convince jurors to accept a defense that people often associate with crimes of passion or a sudden outburst where someone is given shocking information that evokes a strong response, Cucolo said.
Prosecutors say Mangione planned the attack, wrote in a notebook about wanting to 鈥渨ack鈥� a health insurance executive and traveled from out of state to ambush Thompson, 50, as the CEO walked to a Manhattan hotel for an investor conference. 鈥淒elay,鈥� 鈥渄eny鈥� and 鈥渄epose鈥� were written on the ammunition, police said, mimicking a phrase describing how insurers avoid paying claims.
鈥淧eople want to view this within a relatively short period of time and they want it to be simply laid out,鈥� Cucolo said, giving the example of a spousal killing over infidelity. As time passes, she said, 鈥減eople are not as willing to accept this emotional response that ends up in the death of a human being.鈥�
Mangione鈥檚 lawyer, Karen Friedman Agnifilo, protested Carro’s decision to unseal materials related to his psychiatric defense, saying it will be 鈥減rejudicial to his defense to the exact same facts鈥� in his federal case.
Last month, Carro ruled that the notebook , which prosecutors say matches the gun used to kill Thompson, against Mangione. But he said a loaded gun magazine and other items were seized during when he was arrested in Pennsylvania five days after the killing.
On Wednesday, Carro dismissed a charge related to the magazine.
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This story has been corrected to show that Mangione could receive less prison time as a result of a conviction using this defense, not be sent to a psychiatric facility.
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