Only one day after a New York state judge unsealed Mangione’s notice to potentially use an “extreme emotional disturbance” defense, his team abruptly changed course

Luigi Mangione’s defense team filed a notice on Thursday to the New York state judge in his murder case, saying they are withdrawing their intent to argue a psychiatric defense.

This comes only one day after Judge Gregory Carro unsealed the defense team’s notice, which revealed they were potentially going to argue that Mangione was under “extreme emotional disturbance” when he allegedly shot United Healthcare CEO Brian Thompson. Mangione has pleaded not guilty to all state and federal charges against him.

“The defense respectfully withdraws CPL 250.10 notice at this time,” said the one-sentence email signed by Karen Friedman Agnifilo, Marc Agnifilo, and Jacob Kaplan, the attorneys leading Mangione’s defense team.

When reached by Rolling Stone, the defense and prosecution each declined to comment.

Based on this filing, it’s unclear what the defense’s plan is in regards to Mangione’s state murder trial, which is scheduled to begin in September. An “extreme emotional disturbance” defense, if they had used it, has the potential to bring the murder sentence down to manslaughter if the jury accepts it, which could mean a lighter sentence.

The 250.10 (1b) notice that was unsealed yesterday refers to a “notice of intent to proffer psychiatric evidence” and obtain a psychiatric evaluation. There are two types of psychiatric defenses: Not guilty by reason of insanity (1a) and the one Mangione had been potentially claiming, which is extreme emotional disturbance (1b). 

The filing of this notice does not mean the defense needs to use a psychiatric defense, but they cannot use it without providing advance notice to the court. Under an extreme emotional disturbance defense, Mangione’s legal team could have attempted to argue that he was in extreme distress due to his experiences with the healthcare industry.

Friedman Agnifilo argued in court that the reason she had asked the psychiatric defense notice be sealed is because of how it could impact Mangione’s federal case. Extreme emotional disturbance (EED) is not a defense allowed by federal law. 

Mangione’s team filed EED notice back on Sept. 30, 2025, but it wasn’t public until Carro ordered it unsealed at court on Wednesday. Carro also ordered the defense to turn over information involving the details of the EED by Thursday. He said that Mangione’s legal team was in danger of losing the option to use this defense if they didn’t file all of the appropriate paperwork.

“They need to know what the malady is that this defendant suffers and how that triggered extreme emotional disturbance at the time and place of the occurrence,” the judge told Friedman Agnifilo. “Nothing is going to be a surprise. I’m not going to let you surprise the [prosecution] on the eve of trial.”

Mangione’s next state hearing will be a virtual one, held on Aug. 11, with the trial expected to begin on Sept. 8. His federal hearing is likely to be held a few months after.