Luigi Mangione is due in court as his lawyers push to have his state murder charges thrown out in the killing of UnitedHealthcare CEO Brian Thompson

FILE - Luigi Mangione, accused of fatally shooting the UnitedHealthcare CEO Brian Thompson in New York City and leading authorities on a five-day search, appears in court for a hearing, Feb. 21, 2025, in New York. (Steven Hirsch/New York Post via AP, Pool, File)

NEW YORK (AP) — Luigi Mangione is due in court Tuesday as his lawyers push to have his state murder charges thrown out in the killing of UnitedHealthcare CEO Brian Thompson. They argue that the New York case and a parallel federal death penalty prosecution amount to double jeopardy.

Also to be decided: a trial date and whether the state case or federal case will go first.

It's Mangione’s first court appearance in the state case since February. The 27-year-old Ivy League graduate has attracted a cult following as a stand-in for frustrations with the health insurance industry. Dozens of his supporters showed up to his last hearing, many wearing the Luigi video game character’s green color as a symbol of solidarity. His April arraignment in the federal case drew a similar outpouring.

If Judge Gregory Carro permits the state case to go forward, Mangione’s lawyers have said they want him to dismiss terrorism charges and bar prosecutors from using evidence collected during Mangione’s arrest last December, including a 9 mm handgun and a notebook in which authorities say he described his intent to “wack” an insurance executive.

Prosecutors want the judge to force Mangione’s lawyers to state whether they’ll pursue an insanity defense or introduce psychiatric evidence of any mental disease or defect he may have.

Carro could either rule on those requests on Tuesday, schedule additional hearings or issue written decisions at a later date.

Mangione has pleaded not guilty to multiple counts of murder, including murder as an act of terrorism, in the Dec. 4, 2024, killing. Surveillance video showed a masked gunman shooting Thompson from behind as he arrived for an investor conference at the New York Hilton Midtown. Police say “delay,” “deny” and “depose” were scrawled on the ammunition, mimicking a phrase commonly used to describe how insurers avoid paying claims.

Mangione was arrested five days later after he was spotted eating breakfast at a McDonald’s in Altoona, Pennsylvania, about 230 miles (about 370 kilometers) west of New York City and whisked to Manhattan by plane and helicopter. Since then, he has been held at the same Brooklyn federal jail where Sean “Diddy” Combs is locked up.

The Manhattan district attorney's office contends that there are no double jeopardy issues because neither of Mangione’s cases has gone to trial and because the state and federal prosecutions involve different legal theories.

Mangione’s lawyers say the dueling cases have created a “legal quagmire” that makes it “legally and logistically impossible to defend against them simultaneously.”

The state charges, which carry a maximum of life in prison, allege that Mangione wanted to “intimidate or coerce a civilian population,” that is, insurance employees and investors. The federal charges allege that Mangione stalked Thompson and do not involve terror allegations.

U.S. Attorney General Pam Bondi announced in April that she was directing federal prosecutors to seek the death penalty for “an act of political violence” and a “premeditated, cold-blooded assassination that shocked America.”

The Manhattan district attorney's office quoted extensively from Mangione’s handwritten diary in a court filing seeking to uphold his state murder charges. They highlighted his desire to kill an insurance honcho and his praise for Ted Kaczynski, the late terrorist known as the Unabomber.

In the writings, prosecutors said, Mangione mused about rebelling against “the deadly, greed fueled health insurance cartel” and said killing an industry executive “conveys a greedy bastard that had it coming." They also cited a confession they say he penned “To the feds,” in which he wrote that “it had to be done.”

Mangione’s “intentions were obvious from his acts, but his writings serve to make those intentions explicit,” prosecutors said in the June filing. The writings, which they sometimes described as a manifesto, “convey one clear message: that the murder of Brian Thompson was intended to bring about revolutionary change to the healthcare industry.”