Luigi Mangione could escape the death penalty and have two further federal charges discarded due to a conflict of interest at the top of the Department of Justice, his lawyers say.
Mangione, 27, is accused of shooting dead UnitedHealthcare CEO Brian Thompson, 50, last December outside an investor conference.
Police said ‘delay’, ‘deny’ and ‘depose’ were scribbled on the ammunition – believed to refer to tactics used by insurance companies to avoid paying claims.
He was arrested at a McDonalds in Altoona, Pennsylvania, five days after the shooting, and pleaded not guilty for the killing.
Federal prosecutors officially filed a notice to seek the death penalty in April, but his lawyers have asked for this to be thrown out due to a conflict of interest concerning Attorney General Pam Bondi.
Ms Bondi previously ordered federal prosecutors in Manhattan to seek the death penalty, calling the shooting a ‘premeditated, cold-blooded assassination’.
But the defence argued on Friday that her involvement in pursuing the death penalty may violate ethical rules she pledged to follow when taking office.
Before joining the Justice Department, Ms Bondi was a partner at Ballard Partners, a lobbying firm that represented United Health.
She promised to not get involved with any matters involving Ballard clients for a year after taking office in February, defence lawyers say.
This alleged conflict of interest ‘should have caused her to recuse herself from making any decisions on this case,’ they argued.
The filing asks that prosecutors be blocked from seeking capital punishment, that two federal counts be dismissed, and that evidence tied to those charges be thrown out.
According to AP, Mangione’s lawyers argue the ‘very person’ who wants to see their client executed has a ‘financial stake in the case she is prosecuting’ as they say Ms Bondi still profits from her work for Ballard.
Defence lawyers now intend to pursue internal records about Ms Bondi’s earnings from Ballard and any communication she may have directed toward Justice Department staff on either the prosecution or UnitedHealthcare.
Friday’s filing returns attention to Mangione’s case following intense questioning in court over evidence seized during his arrest.
That material includes a gun authorities say matches the murder weapon and writings in a notebook that allegedly describe his plan to ‘wack’ a health insurance executive.
Mangione is next scheduled to appear in court on January 9.
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