Luigi Mangione Charged with the Stalking and Murder. Analysis With NY Trial Attorney David Schwartz, Lobbyist, & President of Gotham Government Relations ‪@livenowfox‬

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big story here, the man
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accused of fatally shooting
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the CEO of United
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Healthcare outside of a
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hotel. in Midtown Manhattan
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could be sentenced to death
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if convicted Luigi Manion
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was charged Thursday with
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Federal counts of stalking.
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and murder making him
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eligible for the death
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penalty. Manion is being
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held without bail after
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appearing in Manhattan
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Federal courtroom, hours
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after his court appearance
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over, in Blair County,
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Pennsylvania, not too far
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from, where he was arrested
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in Altoona. the 26
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year old waived extradition
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and was flown to New York
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where Brian Thompson was
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fatally shot back on
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December 4th. in a
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New York state Court,
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indictment, the Manhattan
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district Attorney's office
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charged, mangioni with
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quote murder as an act of
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terrorism which does carry a
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maximum penalty of Life in
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prison. Manion's lawyer
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said, it's a quote,
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highly unusual. Situation.
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for a defendant to face
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simultaneously. State and
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federal charges.
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Investigators allege when
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they took mangioni in the
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custody at a McDonald's in
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Altoona. he had the gun
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used to kill Thompson and
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they also say he had a
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spiral notebook That
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included handwritten Pages.
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Expressing hostility toward
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the health insurance
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industry. and against wealthy
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Executives. I do want to just
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discussed this all just
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a little bit further. So
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let's bring in David
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Schwarz, a New York. trial
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attorney. and former
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prosecutor. Thank you so
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much for taking the time
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to be here with us
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today. Thank you.
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of course. Well, I do want
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to start talking about the
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death penalty situation Now,
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we know that, mangioni does
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face those federal charges
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now. So would the death
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penalty be on the table if
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not for those federal
1:46
charges? No. absolutely not
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New York state does not
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have a death penalty, but
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there is a death penalty in
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the federal code and
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therefore on the federal
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case of Murder by using a
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gun. uh, it is death
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penalty eligible. although
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very unusual. If
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eligible, although very
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unusual. If Nan gone is
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convicted, could he
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actually be sentenced to
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death? Is that a
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legitimate option who makes
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the call? I know that's
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kind of hard to tell right
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now. as all of this is
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just developing, and,
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you know, you have a case
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by case basis situation,
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but what can you tell me?
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Yeah. so there there there
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are several phases to this.
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So, first of all, the
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prosecutors make the call,
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as to, whether or not
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they're going to charge the
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death penalty. and that
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could be taken off the table
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at any time even though
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it's on the table right
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now. and then, if it is a
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death penalty case, uh, it
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it has to go through
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several phases. First,
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there's the guilt. phase of
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the case, And then after the
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guilt phase, there's a
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second phase. The death
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penalty, uh, phase of the
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case. And that's when the
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jury decides whether or not
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the defendant will face the
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will get the death penalty
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or life in prison without
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parole. I do want to play
2:58
this sound bite right here.
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This is a very short 1
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that did come from the
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actual attorney for
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mangioni again. very
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brief. We're going to
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respectfully. decline to
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make any comment at
3:11
this time. Uh, but Mr.
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Manion appreciates
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everyone's support. it
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sounds as though his
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attorney is pretty. well
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known at this point.
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Pretty high power. What
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do we know about her?
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Well, she's a very, she's an
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excellent attorney. Uh he's
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being very well
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represented. Uh, she's known
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in in in the circles, in
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New York. and Beyond. So
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he's gonna get excellent
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represent. And then if he
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is facing the death
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penalty, he'll have another
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attorney in court,
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a special. death penalty,
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uh, attorney who specializes
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in um, in all the in
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really bringing forth
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mitigating factors So the
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defendant would not get the
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death penalty, but this is
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all very unusual. right?
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And I, I do have to ask
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because you heard her at the
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end of that. very brief
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statement saying that uh
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mangioni does. Thank all the
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people out there for their
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support. So my question
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is that that factor in to
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any of this? How much
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support he is receiving
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from folks there? in the
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public we had people that
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were lined up yesterday
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outside of the courthouse
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wearing uh Luigi hats from
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the Mario brothers. So does
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that factor in in any way
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And is that good for the
4:23
defense? Well, the in a
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case like this, there's
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always the court of public
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opinion. So of of of
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course, you know he's being
4:32
couched in the public
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opinion. a certain way. and
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unfortunately, he has he
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does have these supporters
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that, you know, support him.
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even though he committed a
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cold-blooded murder on on
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camera, Certainly. the
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there's a certain portion of
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this case that you're
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trying. in the court of
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public opinion. you have
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to uh, as a defense
4:55
attorney. you would like
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none of this to be
4:58
in the court. of public
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opinion. and really
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analyzed. uh by a jury. But
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unfortunately in this
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kind of case, the jury will
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be influenced by what
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they hear in the public
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because you can't help but
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not hear about this case
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in the public domain. I was
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going to say it's all over
5:16
the news all over
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everything. So it is very
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hard to find. People who
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haven't heard about the case
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overall. So, cameras were
5:24
not allowed in the courtroom
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for manion's preliminary
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hearing or the extradition
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hearing what you're looking
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at Is some of the photos.
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the sketches that were
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made by folks who were
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allowed in there. as a
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criminal defense attorney a
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trial attorney there. and a
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former prosecutor. how
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do you feel about? cameras
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being allowed in the
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courtroom that can
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broadcast? a hearing or
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even a trial to the public?
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So so everyone out there
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can watch right? I I have
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mixed feelings about it. I,
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you know, certainly you know
5:53
you have to weigh the the
5:55
various factors of the
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Public's interest in
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watching the case and our
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criminal justice. system
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being shown to a a large
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audience, you know. of a a
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broad audience and certainly
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that would favor cameras
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being in the courtroom.
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On the other hand. you have
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to weigh that against the
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defendant's right To a fair
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trial and the question
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always becomes, are they
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getting a a fair trial?
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with the cameras in the
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courtroom are the attorneys?
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performing for the cameras?
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is the judge. Now going to
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perform for the cameras you
6:30
would like to think that
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the trial will be the same
6:33
exact trial whether or not
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the cameras are there or
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not. But the overwhelming
6:38
concern is the concern for
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your client. and their Sixth
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Amendment right? To a fair
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trial, So, you have to
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weigh that. Um, and and
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again, I have mixed
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feelings about it. I tend
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to favor cameras in the
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courtroom because I don't
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think uh a defense attorney
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will try their case any
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differently whether or not
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There's a camera in the
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courtroom or not. And
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I'd like to think that a
7:02
judge will perform the same
7:03
exact way. whether or not
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there's a camera in the
7:06
courtroom or not. but it's,
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it's certainly a concern for
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the defense. We did hear
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mangioni actually scream
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toward the camera. not
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yesterday. He was quiet,
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then but uh, about a week
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or so ago, we heard from
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him, he made a very brief
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comment as he was escorted
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into either. the jail or
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the courthouse. I would
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imagine. criminal defense
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attorneys do not want their
7:28
clients to be speaking. to
7:30
members of the media, as
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all of this is unfolding.
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Absolutely not you. You you
7:35
want your client. Um, to
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remain silent throughout
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all the proceedings including
7:40
before the proceedings.
7:41
That's where most of the
7:43
damage is done. uh those
7:45
that know that they
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should when they're being
7:48
questioned by a government
7:49
official by a member of
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law enforcement. is to stay
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silent until you have
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a chance to have your
7:55
attorney. uh present. So
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that's what we always
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advise our clients. This
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can be used against him
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later on and certainly you
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don't want um 1 of those
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scenes. where he's just
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screaming at the cameras for
8:08
sure. my last question,
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what happens to those
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charges that he does have
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in Pennsylvania again, he
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was arrested. in Altoona
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at a McDonald's. There. and
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he was arrested on several
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charges. So now that he's
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over in New York, facing
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state and federal charges
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there, what happens to the
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ones over in Pennsylvania?
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Do they just kind of
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disappear? I, I believe
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they're going to disappear
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if he's convicted on a
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capital murder case. Uh,
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facing uh life in jail
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without parole or possibly.
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as Slim as it is. The
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death penalty. Uh,
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you're you're going to see
8:42
those charges in
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Pennsylvania. go away But
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they're going to remain
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open. uh, for a period of
8:47
time and they could remain
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open and, and perpetuity
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really but I I don't see him
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ever going back to
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Pennsylvania. after the
8:55
New York case. Uh, to face
8:57
those charges. All right,
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David, thank you so much
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for taking the time to
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join us and help discuss
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this a little bit further.
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We appreciate your legal
9:06
expertise. Is there
9:07
anything else you want to
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add about any of this
9:08
before I let you go? well,
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you know, hopefully. uh the
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defendant does have a fair
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trial and hopefully all the
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evidence is is brought in
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against. I think it's very
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important. that the process
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you know, remain. the, the
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way the way the process
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intended and that he gets a
9:25
fair trial. uh, pursuant
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to the sixth amendment and
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um, and let the jury decide.
9:31
All right, thank you again