Death and nullification

25 April—What kind of morbid thrill do people get by visiting cadavers of notables that are lying in state—in open or closed caskets? Open caskets especially.

On the subject of death, the Department of Justice has just filed formal notice that it will be seeking the death penalty for Luigi Mangione, the young man accused of brazenly murdering—assassinating?—UnitedHealthcare CEO Brian Thompson in New York last December. Mangione had been indicted by a federal grand jury last week and will have been arraigned by the time you read this. The DOJ is going all the way for capital punishment because Mangione “presents a future danger because he expressed intent to target an entire industry,” intending to “amplify an ideological message” and spark resistance to the health insurance industry.

Heaven forfend that anybody should spark resistance to an industry.

Mangione is to be tried by both the fed and New York State. The federal case centers on stalking and murder using a firearm while the New York case focuses on first-degree murder and terrorism. The maximum penalty in New York is life without parole. The New York trial will likely precede the federal trial.

The Commonwealth of Pennsylvania (it’s one of four states that are commonwealths, along with Kentucky, Massachusetts, and Virginia) also has charges pending against Mangione, for forgery and stuff like that. So he’s not worried about being extradited.

Consider this: Had Mangione’s victim not been a 10-million-a year senior corporate executive in a multi-trillion-dollar highly lobbied industry, would much have been made of the crime? Sorry, it’s an alleged victim and an alleged crime, since Luigi hasn’t been convicted.

And if Luigi is tried by a jury of anything like his peers, he may well be acquitted of the murder and terrorism charges. Sure, the evidence against him may be powerful and compelling. But 12 angry jurors may decide that even if Luigi did it, jury nullification—acquittal—is the way to go, given the insurance industry’s—and not just medical insurance—not entirely unjustified ill repute.

The prosecutors know what they’re in for and likely will do whatever they can to get bench trials. Or no trials. Plea bargains—no death, less time. But if Mangione insists on a jury, the Sixth Amendment is on his side . . .