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Death penalty off the table for Luigi Mangione after judge agrees to dismiss federal murder charge

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Death penalty off the table for Luigi Mangione after judge agrees to dismiss federal murder charge

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A federal judge in New York has agreed to dismiss federal murder charges against Luigi Mangione. This takes the potential death penalty off the table.

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Lawyers for accused assassin Luigi Mangione had continued to bolster their legal arguments to have the most serious charges against him thrown out.

Judge Margaret Garnett conceded to some “absurdity” in her decision. 

“The Court would be remiss not to note at the outset the apparent absurdity of the inquiry,” she wrote. “The Defendant is charged with selecting a stranger to be killed based on his employment; carefully planning the killing, including identifying where and when the selected victim would be most vulnerable; traveling across multiple states to carry out that killing; and then gunning the victim down on a public street in midtown Manhattan, using a handgun equipped with a silencer. No one could seriously question that this is violent criminal conduct.”

ALVIN BRAGG’S ‘UNREALISTIC’ TIMELINE IN LUIGI MANGIONE CASE SETS UP SHOWDOWN WITH TRUMP DOJ

Luigi Mangione, charged with the murder of Brian Thompson, the CEO of UnitedHealthcare, appears in State Supreme Court in Manhattan alongside attorney Karen Friedman Agnifilo during an evidence suppression hearing in his case on Friday, December 12, 2025. (William Farrington for New York Post via Pool)

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The ruling was one of two that came shortly before the 27-year-old was due back in court Friday morning for a status conference. 

A separate motion to suppress evidence alleging police violated Mangione’s constitutional rights with the search of his backpack was denied. According to investigators, the suspected murder weapon and a manifesto were in the bag.

The defendant arrived around 11:10 a.m. in a tan jail jumpsuit and without handcuffs. The hearing kicked off a few minutes later. 

Prosecutors said they were not yet ready to make a decision on whether they planned to appeal the judge’s decision. Much of the rest of the hearing focused on scheduling and questions about jury selection. 

Read the judge’s order:

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Although oral arguments already took place, the defense aggressively argued in subsequent filings that prosecutors failed to allege an underlying “crime of violence” necessary for the top charge of murder through use of a firearm. That was the only charge Mangione faced that carried the potential death penalty.

Prosecutors countered in an opposition filing that the defense is relying on irrelevant precedent, but the judge disagreed.

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UnitedHealthcare CEO Brian Thompson is pictured in an undated portrait provided by UnitedHealth. The executive was shot from behind and killed on his way to an investor conference in New York City in what prosecutors have described as a politically motivated assassination. (AP Photo/UnitedHealth Group via AP)

In order to charge Mangione with the federal charge of murder through use of a firearm, prosecutors need an underlying crime of violence. They have alleged that crime to be stalking. However, according to legal analysts, if stalking can be done without violence, even if it wasn’t in the case alleged, the charge could fall apart.

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Garnett wrote that she was bound by Supreme Court precedent.

“Over the course of the last two decades or so, the Supreme Court has embarked upon a legal journey, explained herein, that now requires lower courts to engage in an analysis totally divorced from the conduct at issue and centered on the hypothetically least serious conduct that the charged crime could possibly cover,” she wrote.

Luigi Mangione attends an evidentiary hearing in the murder case of UnitedHealthcare CEO Brian Thompson, at the Manhattan Supreme Court in New York, U.S., December 18, 2025. (Shannon Stapleton/Pool via Reuters)

JUDGE REVEALS EARLIEST POTENTIAL START TIMES FOR LUIGI MANGIONE’S FEDERAL MURDER TRIAL

Mangione is accused of stalking UnitedHealthcare CEO Brian Thompson before shooting him in the back outside a New York City hotel on the morning of a planned business conference.

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“It’s like a series of dominos — the only way that the federal government can get to a death penalty charge in their case is if the murder was committed during the course of a violent felony,” Joshua Ritter, a Los Angeles criminal defense attorney, previously told Fox News Digital. “And the reason that they need that is because they need what’s called a federal hook to get them federal jurisdiction.”

Thompson, a 50-year-old father of two from Minnesota, had come to the Big Apple to meet with Wall Street investors.

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Suspect Luigi Mangione is taken into the Blair County Courthouse on Tuesday, Dec. 10, 2024, in Hollidaysburg, Pa. (Janet Klingbeil via AP)

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Surveillance cameras recorded the slaying. Video shows Thompson walking down the sidewalk outside the hotel when a man approaches from behind and opens fire.

Thompson suffered multiple gunshot wounds and collapsed to the ground. The gunman fled and was later spotted making his way uptown on a bicycle. There was at least one eyewitness, who appeared to be unharmed.

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Police arrested Mangione five days later at a McDonald’s in Altoona, Pennsylvania, where customers and staff said they recognized him from a wanted poster released in connection with Thompson’s murder.

Luigi Mangione is confronted by Altoona, Pennsylvania police in a McDonald’s shortly before his arrest for allegedly murdering UnitedHealthcare CEO Brian Thompson. (Altoona Police Department)

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Police said they found the suspected murder weapon and handwritten notes that were critical of the health insurance industry and may indicate Mangione’s alleged planning and a motive.

Jury selection is scheduled for Sept. 8, with a trial expected to kick off on Oct. 13.

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Separately, Manhattan prosecutors have requested a July 1 start date for Mangione’s state trial, which his lawyers have objected to as “unrealistic.”

In a letter to New York Judge Gregory Carro Wednesday, Assistant Manhattan DA Joel Seidemann wrote that the state has an interest, protected by federal law, in taking Mangione to trial first.

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“That case is none of my concern,” Judge Garnett told the parties in court Firday. 

This is a breaking news story. Stick with Fox News Digital for updates.



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New York

‘She Studied Us for a Moment With Theatrical Longing’

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‘She Studied Us for a Moment With Theatrical Longing’

Dear Diary:

On a false-spring afternoon, my boyfriend, Luis, and I went to the wine bar around the corner from my Williamsburg apartment. We were sitting at the bar having a private conversation when I asked Luis for the time.

“It’s 7:30,” a blonde woman beside us said before he could answer.

She turned toward us with the bright, urgent expression of someone who had already decided we were all having a drink together. She was drunk, her mascara intact, but only just.

“What do you guys do?” she asked.

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I told her I was a first-year teacher in Queens. Luis said he would be graduating in the spring and was looking for a job in marketing.

She studied us for a moment with theatrical longing, and then she leaned in so far that her shoulder nearly touched mine.

“I have a secret,” she said, beaming. “You can’t tell anyone.”

We promised.

She glanced toward the open windows, then back at us.

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“I have my second interview with the C.I.A. tomorrow,” she whispered.

Luis and I looked at each other.

“If anyone asks,” she added, “tell them I’m interviewing with the Culinary Institute of America.”

A few minutes later, we paid our check, wished her luck and promised not to tell a soul.

— David Reyes-Mastroianni

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Dear Diary:

I was walking out of Central Park on a cold February evening when a woman who couldn’t have been five feet tall approached me.

“Have you seen the moon?” she asked.

I tried to brush her off, but she repeated herself.

I turned to see the most brilliant full moon shining above the park. It stopped me in my tracks on a day when I had been in constant motion.

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I turned to thank the woman, but she was gone. It was as if the moon herself had come down to demand attention and had left as soon as attention was paid.

— Rebecca Falcon


Dear Diary:

Late one night after I moved to Manhattan from the rural South in 1989, I was riding the No. 6 train home from my job at Mortimer’s when I sat down across from what appeared to be a man completely wrapped in a sheet and lying across several seats.

He was wrapped so tightly that there seemed to be no way he could have done it himself.

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I couldn’t discern any movement. Not a breath. Not a sound. Did he need help? Was he dead? Was this performance art? What should I do?

No one else seemed to be paying any attention, but my agitation must have been visible, because finally, an impeccably dressed older woman wearing white gloves and a hat with a lace veil leaned toward me.

“I don’t think he wants to be disturbed,” she said.

— Brian McMaster


Dear Diary:

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I was walking down 79th Street when I heard a woman with a large, coral-colored cockatoo on her shoulder say: “Excuse me. Can you hold my bird?”

I looked around. Was she talking to me?

She huffed at my two seconds of confusion.

“Just put your arm out!” she said.

I did, and while this woman answered her phone, her imposing bird with claws as big as my hands hopped onto my wrist, then sidled up my arm and onto my shoulder.

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She was heavier than I expected. Not quite like having a dog on my shoulder, but maybe a cat.

I wanted to look at her. It’s not every day you have a large bird sitting on you, but I was afraid that if I did, she might gouge out my eyeballs with her imposing beak.

I decided to fix my eyes on a nearby street sign and hope for the best. The bird told me her name was Peaches, that she was 7 years old and also that she was pretty.

My first thought was: Well, aren’t we a little full of ourselves? But then I caught myself. Good for you, Peaches, I thought. I wish I had your confidence.

I told Peaches I had an appointment and hoped her owner would get off the phone soon.

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Then Peaches gripped my shoulder a little tighter with her claws and stretched the top of her body up and over my head so that I was wearing her like a pair of earmuffs.

“I love you,” she said.

We stayed in this magical bird hug for a minute or two before her owner whisked her off my shoulder with a halfhearted “Thanks” and hurried away.

Peaches turned her head 180 degrees, seemed to look at me longingly and disappeared into the day.

— Eileen Kelly

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Dear Diary:

It was a Saturday, and I was on Fifth Avenue and 14th Street. Two young women were walking and talking behind me.

“Is there anything you need at the market?” one said.

“The will to live,” the other replied.

I couldn’t help myself.

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“I don’t think they sell that there,” I said.

We all laughed and kept going.

— Nancy Lane

Read all recent entries and our submissions guidelines. Reach us via email diary@nytimes.com or follow @NYTMetro on Twitter.

Illustrations by Agnes Lee

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Boston, MA

‘This is really just the start of it all’: Mojo Boston makes splashy debut at City Hall Plaza – The Boston Globe

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‘This is really just the start of it all’: Mojo Boston makes splashy debut at City Hall Plaza – The Boston Globe


Attendees held umbrellas as The Bends performed at Mojo Boston on Saturday.Andrew Burke-Stevenson/for The Boston Globe

Mojo, a music brand and concert organizer, was founded in 2021 by Charley Blacker, Alex Parker, and Emily Donovan while they were students at the University of Massachusetts Amherst. The trio of friends decided to create Mojo out of their shared love for music and house shows.

“We saw there were so many local musicians that were so talented, but they didn’t have the platform we thought they really deserved,” Blacker told the Globe during Saturday’s festivities. “So we thought if we could do the behind-the-scenes work of organizing photographers and [provide] a social media platform, we could give these musicians the platform they deserve.”

Attendees danced as The Bends performed at Mojo Boston on Saturday.Andrew Burke-Stevenson/for The Boston Globe

Five years later, the team behind Mojo is sticking to their mission, tackling their biggest venue yet with this weekend’s event at City Hall Plaza, which previously served as the original location for Boston Calling before it moved to the Harvard Athletic Complex in Allston. Boston Calling announced last year that it is taking a one-year hiatus in 2026, with plans to return in 2027.

In addition to getting the chance to work on such a big event with his best friends, Blacker hopes Mojo Boston can help “lead to a lot more opportunities for local music.”

People browsed food vendors at Mojo Boston on Saturday.Andrew Burke-Stevenson/for The Boston Globe

There was a wide range of genres represented at Saturday’s event, from the pop-rock stylings of The Bends to house and garage music from DJ AC Slater. Prior to the Boston debut, Mojo brought a festival to Pennsylvania’s Happy Valley in April and returned to Amherst later that month to host another event.

Mojo Boston attendees and former UMass Amherst students Emily Bowler and Max Debeau have been familiar with Mojo since its inception, watching the organization go from hosting basement shows to full scale music festivals. Debeau noted how many of the acts at Saturday’s event have worked with Mojo in the past, performing at UMass and other shows around the Bay State.

“To see it all come together has been great,” Debeau said. “This is the stage that they all deserve.”

“It’s crazy how quickly they were able to erect something so amazing,” Bowler added.

Amanda Giroux danced away from the stage while The Bends performed at Mojo Boston on Saturday.Andrew Burke-Stevenson/for The Boston Globe

Formed in New Bedford, the band Autumn Drive was one of 18 acts that performed at Mojo Boston, and they are no strangers to a Mojo show.

“We’ve done, I think, every single Mojo that there is, so we’re very tight with them,” said guitarist and singer Charlie Gamache. “When we found out they were doing a big festival [in Boston], I was like, ‘We want in no matter what.’”

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The band emphasized how much their relationship with Mojo has meant to them over the years, with Autumn Drive drummer Joe Gauvin praising the organization for “always putting us in front of a crowd that’s there to see music and hear us.”

Michael Asulin, of Stoughton, and Jackie Ludicke, of Miami, Fla., talked while wearing ponchos at Mojo Boston on Saturday.Andrew Burke-Stevenson/for The Boston Globe

From a makeshift stage out of wooden pallets in his basement to Boston’s City Hall Plaza, Blacker is is proud of Mojo’s success and is already looking ahead at what’s to come.

“This is really just the start of it all,” said Blacker. “We have very lofty ambitions and goals, and we have nothing but confidence in our ability to accomplish everything we set out to do.”


Gitana Savage can be reached at gitana.savage@globe.com. Follow her on X @gitana_savage.





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Pittsburg, PA

New Market Square rule for kids under 18 gets mixed reviews as enforcement continues

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New Market Square rule for kids under 18 gets mixed reviews as enforcement continues


The new policy requiring anyone under 18 to be accompanied by someone over 21 in Market Square may not be as firm as some first thought. 

KDKA observed unaccompanied kids in and around the square in Pittsburgh on Saturday evening, but in very small numbers, especially compared to the hundreds of kids who gathered as recently as during the NFL draft last month. Many of the kids were walking through the square or to restaurants like Chipotle. 

It was the kids who lingered on Saturday evening who were approached by either youth outreach teams, private security or officers. 

Von Madden — the founder of AIM, a youth outreach group — said it’s when kids start gathering in large numbers that they’ll be asked to leave. 

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“I don’t think they are going to be kicked out of the space for buying food or walking by,” Madden said. “The policy was so they’re allowed to hang out, but if they’re causing disruption, they were asked to move.”

Outreach workers within the square on Saturday evening said they’ve been approaching kids to make sure they are aware of the rules, but aren’t forcing them to leave. Some workers suggested alternative places they could go, as they work to form relationships with the kids

Madden, who was not at the square on Saturday, said in theory, enforcement works by private security engaging kids first, and then if that doesn’t work, outreach staff comes over. Only as a last resort are police officers brought in.

KDKA watched as a group of about 15 to 20 kids formed along Market Street steps away from a police SUV on Saturday evening. A member of the private security approached the kids first, pointing toward the exit of the square. Once more kids gathered, a group of five to 10 officers walked over, and the group dispersed toward Liberty Avenue. 

A group of teenagers near Chipotle told KDKA that officers told them they had to leave if they weren’t actually going to the restaurant. Madden said the policy, which is in effect from Thursday to Sunday from 3 p.m to midnight, has worked well this week.

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“It was phenomenal. Thursday was great,” Madden said. “The kids came, a lot of kids. They were absolutely excited about everything going on.”

Thursday was the first night for the temporary roller rink in Market Square, and a rainy Friday kept many people away. People enjoying their Saturday evening in the square gave mixed reviews about the policy.

“I think it’s definitely necessary,” Cristina from Butler told KDKA. “It keeps the community safe, and it allows adults and parents to know that their kids are safe as well, and just a more controlled environment.”

Danielle Graham from Robinson said she’d been observing kids interacting with police and believes kids aren’t welcome in Market Square, even if they are not being disruptive. She said there was a discrepancy in what private security and officers knew about the rule, adding that police asked her if the child she was chaperoning was her legal guardian. 

She said she offered to chaperone kids to allow them to enjoy the square and so she could observe what was going on. 

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“There’s no clear understanding from the people that are supposedly enforcing it,” Robinson said. “You just put more vulnerable kids in front of law enforcement, things can go wrong.”

Pittsburgh City Councilwoman Barb Warwick shared her own criticism of the policy during a meeting last week.

“Not only does this feel highly unwelcoming to families with teens, it also seems questionable in terms even of enforcement,” Warwick said. “I don’t know that there’ll be like a private security, what are we checking IDs like, you know? How is this working? My understanding is it’s on an event permit.”

KDKA-TV did not observe any IDs being checked on Saturday and saw at most 12 officers in the square at once, along with the private security. 

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