WASHINGTON (TNND) — The defense strategy in the murder case against Luigi Mangione shifted sharply this week, after his attorneys first signaled they would pursue a psychiatric defense and then abruptly withdrew it a day later.
Former U.S. Attorney John Fishwick told The National News Desk the move was significant because an extreme emotional disturbance defense effectively concedes the killing while arguing the defendant was not fully in control mentally at the time. (TNND)
Earlier this week, Mangione and his legal team planned to present a psychiatric defense at his state murder trial this fall, arguing he killed United Healthcare Chief Executive Brian Thompson while suffering an extreme emotional disturbance. But yesterday, Mangione's attorneys told the judge they would withdraw that defense.
Former U.S. Attorney John Fishwick told The National News Desk the move was significant because an extreme emotional disturbance defense effectively concedes the killing while arguing the defendant was not fully in control mentally at the time.
“It was a stunning reversal because when you go with this extreme emotional, defense, you’re basically saying that you’ve committed the murder,†Fishwick said. “And so that’s out there and that’s basically admitting to the crime.
Fishwick said the defense may be reassessing its approach in light of what he described as strong evidence of planning.
I think the defense team is weighing you know, what’s our strategy. There’s overwhelming evidence of premeditation here. How do they defeat that,†he said.
He also said he expects the defense could return to a mental-health-based argument later, potentially through an insanity claim or by reviving the extreme emotional disturbance defense.
“I expect the defense to eventually to return to some sort of mental deficiency,†Fishwick said. “Whether that’s a plea of insanity or back to this emotional disturbance defense. But they face a tremendous uphill climb here.â€
Fishwick said the defense's earlier announcement could complicate jury selection if the case proceeds on a different theory, because potential jurors may have already heard what he characterized as an admission embedded in the earlier defense plan.
“If this case goes forward and they go with, well, you haven’t proved the case beyond a reasonable doubt, some jurors will have heard what they did,†Fishwick said. “They said, hey, look, we’re going to go with a mental instability defense basically. But that makes we’re admitting to the crime.â€
Fishwick also criticized public support for Mangione, calling it “very disturbing,†and said the defense's quick withdrawal could have been aimed at limiting the impact of the earlier filing.
“Ultimately, this could be a challenge for the defense on jury selection,†he said. “That may be part of why they immediately withdrew it and got it back under seal.â€
Fishwick said decisions in the state case could also affect Mangione's federal case, describing the defense as “back to square one†as it weighs how moves in one court could influence the other.
“Whatever they do in the state case is going to impact the federal case,†he said. “And so if they make a move in the state case, it has ripple effects.â€
Despite the withdrawal, Fishwick said he expects the defense in both cases to return to some form of mental instability argument.
“I expect them in both cases to fall back to some sort of mental instability by Mangione, whether they say he was insane or whether he had some sudden instability from an emotional standpoint,†he said.
