Friedman Agnifilo and her legal team will have a lot of work ahead of them.
The video showed a person matching Mangione's description in New York before and after the Dec. 4 shooting, which was also captured on a surveillance camera. The New York Police Department said investigators matched Mangione's fingerprints to evidence found near the crime scene and that three bullet casings they found matched a ghost gun Mangione said he had with him when he was arrested.
At the time of his arrest, Mangione showed police a fake ID that New York authorities said the suspect used to check into an Upper West Side hostel. And Mangione carried a manifesto denouncing the healthcare industry and a notebook detailing the targeted assassination of a CEO.
Some former prosecutors said the case was exactly what they hoped it would be.
“I tried much weaker cases than they appear and won,” said Ken Taub, who prosecuted dozens of murder cases in Brooklyn, New York. “I would like a case like that.”
Mangione is presumed innocent, like everyone else accused of a crime in the United States. If he goes to trial, prosecutors will have to convince 12 jurors of his guilt beyond a reasonable doubt.
This might be harder than it seems. Friedman Agnifilo could attack the evidence on several fronts. An objection of insanity is also possible. And in a case that has drawn widespread attention and evoked strong emotions, it can be difficult to find jurors who can put aside their personal feelings.
A relative of Mangione, who released a family statement after Luigi's arrest, did not respond to a request for comment.
Mangione's family released a statement after the arrest, saying they were “shocked and devastated” by the news. A relative did not respond to a request for comment about Mangione's New York attorney and the defense case he might make.
Friedman Agnifilo cannot fully review the evidence until Mangione is indicted in New York. At a news conference Friday, Manhattan District Attorney Alvin Bragg raised the possibility that Mangione could waive extradition, which would hasten his return to New York. No extradition hearing has been scheduled until Friday, a spokeswoman for the courts in Pennsylvania said.
Before filming, Mangione was on his way to success. He was valedictorian of a prestigious prep school, earned two degrees from the University of Pennsylvania, and worked as a data engineer at TrueCar Inc.
However, he reportedly withdrew from contact with family and friends earlier this year, fueling speculation amid intense media coverage of his mental health.
Under New York law, Friedman Agnifilo could argue that her client suffered from a “mental illness or defect,” meaning the defense team would try to prove that Mangione did not understand the nature and consequences of his actions.
In fact, Friedman suggested such a defense to Agnifilo before she was hired to represent him.
“It looks to me like there's a not guilty by reason of insanity defense that they're going to think about because the evidence is going to be so overwhelming that he did what he did,” Friedman told Agnifilo CNN.
Friedman Agnifilo declined an interview request from Bloomberg.
Such a defense, if a judge allows it, would require an evaluation of Mangione by an independent psychiatrist to determine whether he is fit to stand trial.
Still, Gary Galperin, who served as a prosecutor in the Manhattan district attorney's office for more than 40 years, said the defense was unlikely to succeed.
“Obviously he knew what he was doing,” Galperin said. “He knew that a gun could fire a bullet that could kill, and he knew it was wrong because he fled the jurisdiction and tried to hide his identity.”
Once Mangione reaches New York, Friedman Agnifilo could argue that some or all of the evidence was improperly collected, violated his rights, or was irrelevant.
None of the evidence police have presented so far has stood up to judicial scrutiny, said attorney Susan J. Walsh. “What is sometimes tempting to the public is not necessarily the truth,” she said.
Each side would also try to assemble a jury to their advantage. Friedman Agnifilo will likely look for jurors who are skeptical of the police and prosecutors, sympathetic to a promising young defendant or who indicate they are open to or share his grievances with the health care industry.
“Culture, politics, outside influences and attitudes always influence the jury, no matter what,” Walsh said.
Taub, the former prosecutor, said the case would be “won” through jury selection. He said social media posts expressing contempt for the late executive's perceived role in the U.S. health care system suggest the defense may be able to find jurors who will not convict are ready.
Prosecutors are likely to reject any attempt to portray Mangione as a righteous vigilante. Under New York law, a defendant is not permitted to present a defense that attempts to invoke bias or antipathy toward the health insurance industry, Galperin said.
Pennsylvania Gov. Josh Shapiro, the state's former attorney general, warned against celebrating Mangione.
“Listen to me,” Shapiro said. “He's not a hero.”
Friedman Agnifilo will assess the strength of the case and consider whether to go to trial before considering a possible guilty plea.
One factor that could motivate Mangione to agree to a deal is the prospect of spending less time in prison. Mangione was charged with second-degree murder, which carries a maximum sentence of 25 years to life.
Mangione could be offered a shorter sentence if he pleads guilty, although prosecutors likely wouldn't offer much leniency, Galperin said.
“Given the cold-bloodedness and the very premeditated nature of it all and the malicious intent behind it, I don't see this as a plea for anything other than murder,” he said.
