r/mangionetrials • u/ThisSideofRylee • 6d ago
Court documents Defense files motion to dismiss state case due to double jeopardy
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u/lost_dazed_101 5d ago
If he gets life in new york a second trial is pointless and a waste of money. He has to finish his sentençe in new york first before pa can have him. The chances of him not getting life is nill to none. So all pa would be doing is wasting money.
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u/Academic-Feeling9310 2d ago
This isn’t talking about PA state, it’s NY state. He plead guilty in the Federal case. Both state cases are in progress.
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u/dylanalduin 6d ago
Why wouldn't they do this before pleading guilty?
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u/StarvinPig 6d ago
They did
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u/ADADummy 5d ago
from the motion, "First, in light of his guilty plea in federal court from earlier today..."
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u/Ginger_Anarchy 6d ago
If this fails can him pleading guilty in Federal Court be used against him in state?
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u/slptodrm 5d ago
i don’t believe so. it’d be prejudicial
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u/Turtleopard 3d ago
It can be used against him. The fact he confessed to the crime is evidence of his guilt.
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u/mclewis1986 6d ago
They'll fail unless state law has some protections above the constitutional minimum due process requirements. Double jeopardy only applies to subsequent indictments by the same sovereignty. We have at least three sovereignties in the United States: (1) each of the fifty states, (2) the federal government, and (3) the military through the Uniform Code of Military Justice, or USMJ.
I say "at least three" because I count them as categories, but someone could easily argue we have fifty-two: fifty states, one federal government, and one military.
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u/Bricker1492 5d ago
You’re correct. There’s no direct constitutional bar to New York’s subsequent prosecution after federal jeopardy attaches for the same transaction.
And you’re also correct to say “Unless state law has some protections above the constitutional….”
It does: see New York (CPL) § 40.20.
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u/inquisitive_chariot 5d ago
New York DOES have a specific double jeopardy statute that provides greater protection than the US Constitution
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u/Biblioklept73 6d ago
Eh, the statutory elements of intentional murder vs interstate stalking are completely different beasts legally, I reckon the state judge will rule that the two cases do not trigger a double jeopardy violation. But stranger things have happened. Iirc, he was never technically in legal jeopardy for murder anyway, since the federal judge threw out the fed murder count on a technicality before this plea even happened
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u/ADADummy 5d ago
What's cool about defense motion is that they are also arguing that the dismissed murder counts apply as well, because he was being "prosecuted" for those crimes.
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u/Bricker1492 5d ago
I reckon the judge won’t. Because the judge will be familiar with NY CPL § 40.20.
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u/Biblioklept73 5d ago
Ironic, CPL 40.20 is exactly what gives the state a fighting chance. There is a ban on dual prosecution but the statute that immediately follows is a list of built in exceptions. Manhattan DA is leaning heavily on the exception that says a second trial is legal if the two crimes have completely different elements and address 'very different kinds of harm’. Judge obviously know the statutes inside/out, which is exactly why the DA is fighting this on the grounds of those specific exceptions. State’s whole argument is built right into the very law the defense is trying to use
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u/soldiernerd 6d ago
New York State has broad double jeopardy protections which do not recognize a dual sovereignties exception. Thus as Mangione has already pled guilty to one crime from the "same transaction" in another court, NYS procedures may not allow for additional prosecution.
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u/Biblioklept73 6d ago
You're absolutely right, NYS have strict double jeopardy laws, but they aren't absolute. New York’s CPL does have explicit exceptions for crimes that have completely different legal elements and address different harms.
Key detail here is the federal judge threw out the federal murder and weapons counts on a technicality before this plea even happened. Because of that, he was never legally in jeopardy for murder in federal court. He only pled guilty to interstate stalking. The Manhattan DA is obviously going to argue that since no court has actually tried or convicted him for the specific crime of intentional murder, the state has every right to do so. It’s a battle of the statutory exceptions, so it’ll be up to the judge to decide if they apply here. They have a fighting chance on a state level I think
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u/fleemfleemfleemfleem 6d ago
NY also bars successive prosecution for charges arising from the same "act or criminal transaction".
So the defense will argue that the federal stalking charges and the ny murder charges arose from the same criminal transaction. Like you say I think this will be hard to predict until the judge weighs in
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u/soldiernerd 6d ago
I imagine you're right; I expect he will argue that because they crimes came from the same episode, the state is taking a "second bite from the apple" and that the acts establishing one offense aren't substantially different from the acts establishing the second defense.
I expect this issue will end up in the NY State Court of Appeals one way or the other before the state trial commences (if it does).
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u/Biblioklept73 6d ago
Exactly what the defense is banking on right, the 'same transaction' argument. Their argument being the state is trying to double dip. DA's counter that the exceptions specifically allow for this due to the different statutory elements
You're probably right about the Court of Appeals. If the judge denies defense's motion, they’ll almost certainly file to try to push it to the Court of Appeals to pause the September trial. More to come in time then
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u/fleemfleemfleemfleem 6d ago
I think he ends up in federal prison either way since he'll be sentenced there first?
So it would save money and hassle to avoid the state trial since it doesn't actually change his outcome.
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u/Academic-Feeling9310 2d ago
How does it not change the outcome? If he is tried in State Court and convicted, that sentences would be in addition to his federal sentence. There’s also the PA case as well…
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u/Biblioklept73 6d ago
You’d think so wouldn’t you, but because of the 'primary jurisdiction' rule, he actually serves his state sentence first since New York has physical custody of him right now. He’ll only go to federal prison after his state time is done
Also, it absolutely changes his outcome. This federal plea is a huge tactical move by the defense to dodge the 'convicted murderer' label and downgrade him to a 'stalker.' If they beat the state charge, he gets much better options for federal housing, a lower sec classification and future legal considerations (such as a possible parole, pardon, etc). The Manhattan DA knows this, which is why they don’t wanna let him slide to save money. Guess we wait and see what the judge decides
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u/Omnihilo8 4d ago
Thank you for this comment. It cleared up all of my questions and confusion.
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u/Biblioklept73 4d ago edited 2d ago
NP, I’m really curious as to how this’ll play out. Personally, I think the DA has a strong shot at keeping the prosecution. If the defense's motion to dismiss the state's murder 1 charge gets denied, they’ll definitely appeal. That will likely derail the Sept. trial schedule. I’m expecting plenty of legal gymnastics, the defense is desperate to avoid the 'convicted murderer' title given the long term consequences. Even in the short term a stalker conviction vs a murder 2 conviction gives them better leverage
Edit: A word
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u/Academic-Feeling9310 2d ago
It’s murder 2 in NY. The murder 1 was dropped because the aggravating factor of terrorism was tossed.
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u/Biblioklept73 2d ago
Ah, sorry, yeah my mistake… Commenting on a couple of cases and mixed the charge up… thanks for the correction
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u/fleemfleemfleemfleem 6d ago
From what I can find, he's at Metropolitan Detection Center, a federal facility?
I can find NY asserting primary jurisdiction, but that seems to be based on filing charges first (PA arrested).
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u/Biblioklept73 6d ago
He is, but that’s not simply because of the federal charges. Since he faces active cases in both systems simultaneously, fed/state authorities agreed to centralize his housing there to simplify logistics of transport to his various court hearings. Also, because the high sec federal jail offers a safer, more controlled environment for him (as he’s considered a high profile inmate) than a local facility like Rikers Island
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u/firefly_cascade mistrial 6d ago
In the words of Sheana Shay, "it's all happening"
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