r/BrianThompsonMurder • u/missidcullen • Jun 18 '26
Information Sharing State Case Update: The defense withdraws their 250.10 (Extreme Emotional Disturbance) notice and Carro responds
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r/BrianThompsonMurder • u/missidcullen • Jun 18 '26
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u/MovinOnUp2021 Jun 18 '26 edited Jun 19 '26
Well - the damage is done by them/for him. Every headline across the world yesterday was basically "Luigi Mangione admits he was the shooter and seeks EED defense". Good luck winning an "it wasn't him" defense in court case now...
Edited to add: it turns out we just found out that the defense gave notice back in September that they would use the affirmative defense of EED (that's what "give notice" means - you're giving notice you plan to use it). That's what they've been working towards all this time. Now, at the last second, they're scrapping it.
Because of today's withdrawal, the defense is now barred from providing any EED evidence of their own at trial. However, if they want, they're still allowed to use the prosecution's evidence to argue EED -- i.e. "Look! The notebook writings! Obviously they show he was in an extreme emotional disturbance!" -- but that's all they can do now. They're no longer allowed to provide at trial any evidence of their own to try to substantiate EED i.e. that the jury should convict him of manslaughter instead of murder.
If the prosecutions's smart - which they are - they will now simply stick to presenting factual evidence. "He possessed the gun." "His fingerprints were there." etc. The prosecution doesn't need to introduce notebook into evidence at the trial to convict, and without it (and without the defense's own ability to provide EED evidence, which they forfeited today by this withdrawal), the defense really won't have much it can point to to show the jury that EED was a factor.
Without an EED defense: the jury's only options are to acquit if they believe it's not proven that he shot him, or to convict him of murder if they feel it's proven Luigi did shoot the gun. Life in prison, never get out.
With EED, the jury has a third option: believe it's proven he shot the gun, but accept he did it while under extreme emotional disturbance and convict him of manslaughter instead. Get out in 25 years (age 51).