Luigi Mangione back in court as tries to avoid death penalty

Accused assassin Luigi Mangione is due back in court in Manhattan on Friday, as his attorneys push to throw out the most serious federal charge that could see him face the death penalty.

Mangione, 27, is due in federal court for a hearing, with the judge potentially ruling on the defense’s motions to toss out two of the four federal charges against him — as well as whether prosecutors can use key evidence found in his backpack during his arrest.

The suspected killer’s defense team argued in a court filing that prosecutors failed to identify an underlying “crime of violence” necessary for the top charge of murder through use of a firearm — the only charge that carries the possibility of the death penalty.

Mangione also wants another firearms offense dismissed in the case accusing him of gunning down UnitedHealthcare CEO Brian Thompson on a Manhattan street.

Prosecutors alleged that the crime of violence necessary for the murder through a firearm charge is stalking, which he is also charged with. However, legal experts told Fox News the top charge could be tossed if the judge determines that stalking can be done without violence.

The judge is also expected to rule if prosecutors can show jurors certain pieces of damning evidence seized when he was busted at a McDonald’s in Altonna, Pennsylvania, days after the shocking killing.

That evidence includes a 9mm handgun and a notebook in which Mangione purportedly plotted to “wack” Thompson in a targeted hit inspired by criticism of the healthcare giant for denying claims.

The defense asked the judge to suppress the evidence, arguing it was obtained by a warrantless search.

The University of Pennsylvania graduate has pleaded not guilty to both federal and state charges shooting Thompson in the back in cold blood outside UnitedHealthcare’s annual investor conference in Midtown on Dec. 4, 2024.

Last week, a federal judge set a September date to start picking jurors in the headline-grabbing murder case. Opening statements are scheduled to start Oct. 13.

However if Mangione faces the death penalty, opening statements will start Jan. 11, 2027, CBS New reported.

A trial date has yet to be set in the state case.