His lawyers claim Mangione was under “extreme emotional disturbance” when he shot Brian Thompson, which would bring the charge down from murder to manslaughter

Luigi Mangione appeared in Manhattan criminal court on Wednesday, where Judge Gregory Carro unsealed Mangione’s defense team’s motion to potentially seek a “psychiatric defense” on the basis of “extreme emotional disturbance” at the time of the shooting of UnitedHealthcare CEO Brian Thompson.

Mangione, who sat in between his lawyers and wore a dark blue suit, was quiet throughout the brief hearing and held a folder up in front of his face for most of the time photographers were allowed to take pictures.

The 250.10 (1b) notice that was unsealed refers to a “notice of intent to proffer psychiatric evidence” and obtain a psychiatric evaluation. The term “psychiatric evidence” is defined legally in this case as “evidence of mental disease or defect to be offered by the defendant in connection with the affirmative defense of lack of criminal responsibility by reason of mental disease or defect.” There are two types of psychiatric defenses: Not guilty by reason of insanity (1a) and the one Mangione is claiming, which is extreme emotional disturbance (1b). For example, a spouse who catches their partner cheating and kills someone in the heat of emotion.

This type of psychiatric defense would bring the murder charge down to manslaughter. Filing this notice does not mean Mangione’s defense team is definitely using a psychiatric defense, but they cannot use that defense without providing advance notice to the court. Today, Carro told Mangione’s team they were in danger of losing the option to use this defense if they didn’t file all the appropriate paperwork.

Regardless, the prosecution still bears the burden of proving to the jury that Mangione committed an illegal act. Mangione will have the burden of proving “extreme emotional disturbance” if his team goes forward with that defense.

Carro ordered the defense to turn over more information involving the details of the “extreme emotional disturbance” by “today, no later than tomorrow.” Mangione’s lead defense counsel, Karen Friedman Agnifilo, said last week that they delivered “voluminous records” that the prosecution could have obtained themselves in the past nine months. Assistant District Attorney retorted that “until today, we didn’t know whether they were going to withdraw or go forward with this EED or not.”

The judge told Friedman Agnifilo, “They need to know what maladies this defendant suffered in order to [respond]… I’m not going to let you surprise the [prosecution] in this trial.”

Mangione is currently being held under federal custody in Brooklyn at the Metropolitan Detention Center (MDC). At court, the prosecution mentioned they will be requesting that Mangione be moved to the Rikers Island jail complex, claiming this will make evaluating him easier. 

This defense does not mean Mangione’s lawyers would be claiming he has a psychiatric illness, but they could attempt to argue that he was under emotional and/or physical pain and in a fragile state due to his experiences with the healthcare industry. Prosecutors have pointed to a notebook police say they found on Mangione when he was arrested at an Altoona McDonald’s, which included writings about targeting the healthcare CEO.

Friedman Agnifilo said she wanted to clarify for the record that she asked for the notice to be sealed because it could affect his federal charges. In addition to the New York State court, Mangione is facing charges in federal court and the New York State court. He has pleaded not guilty to all state and federal charges against him.

The four federal charges against him included two stalking charges, murder through the use of a firearm, and a firearms offense. The murder through the use of a firearm charge carried a possible death penalty sentence. Mangione’s defense argued that the stalking charges do not meet the legal requirements for a “crime of violence.” Judge Garnett, according to Friday morning’s opinion, agreed. Now only the two stalking charges remain in his federal case. Mangione faces the maximum penalty of life in prison without the possibility of parole. (He does not face the death penalty in any of his other cases.) 

Friedman Agnifilo also argued that a recent episode of Dateline that aired on NBC showcased a detective, John Griffin, who spoke about investigating the shooting. She said she has yet to see any discovery involving Griffin.

 “I hadn’t heard of him prior to this special,” responded Seidemann, saying that the special talked about Griffin vetting tips. Seidemann implied Griffin might be “taking credit” for others’ work, and Carro interrupted to say the prosecution needed to file a response to the request for discovery. Griffin is a retired detective sergeant who was on the NYPD’s Major Crimes unit during the Mangione investigation.

On Wednesday, Carro said that the next state hearing would be virtual on August 11, in order to meet before jury selection begins. The state trial is expected to begin on September 8. Mangione’s federal trial is expected to begin shortly after.