**Federal Prosecutors Will Not Appeal Death Penalty Removal in Luigi Mangione Case**

NEW YORK — Federal prosecutors in New York have signaled that they will not appeal a judge’s decision to remove the death penalty from the case against Luigi Mangione. This development means the federal trial is expected to begin this fall, with jury selection scheduled for September.

In late January, U.S. District Judge Margaret Garnett dismissed the death-eligible counts from Mangione’s federal indictment. Although she described the issue as “tortured and strange,” Garnett ruled that stalking is not a crime of violence and therefore cannot serve as a predicate to classify the killing of UnitedHealthcare CEO Brian Thompson as a capital crime.

Judge Garnett had set a deadline of Friday for federal prosecutors to decide whether to appeal her ruling. On that day, prosecutors informed the court in a letter that “the Department of Justice will not seek interlocutory review of the Court’s Order” dismissing the death-eligible counts.

The defense had requested the removal of the death penalty option, arguing that stalking “fails to qualify as a crime of violence” and, as a result, cannot make Mangione eligible for the death penalty if convicted on federal charges. They also contended that the decision to pursue the death penalty was politically motivated and circumvented federal government protocols.

Mangione, who is accused of stalking and killing Thompson in Midtown Manhattan in December 2024, has pleaded not guilty to both state and federal charges.

Judge Garnett stated that jury selection for the federal trial will begin on September 8, with opening statements scheduled for October 13. Additionally, Mangione is set to stand trial in state court beginning June 8.
https://abc7chicago.com/post/federal-prosecutors-appeal-ruling-barring-death-penalty-luigi-mangione-case/18659124/