法官驳回了两项谋杀指控与恐怖主义行为有关周二，被控杀害联合医疗集团首席执行官布莱恩·汤普森的Luigi Mangione五个月来首次出庭受审。
法官Gregory Carro驳回了最严重的指控，一级谋杀，指控Mangione谋杀是恐怖主义罪行。
法官说，提交给大陪审团的证据不足以支持恐怖主义指控。
“虽然被告明显表达了对UHC和整个医疗行业的敌意，但这并不能说明他的目标是‘恐吓和胁迫平民’，事实上，没有证据表明他有这样的目标，”法官在周二上午发布的一份裁决中写道。
检察官认为曼乔内的行为恐吓或胁迫了联合医疗保健公司的员工，但卡罗拒绝了这些恐惧足以证明恐怖主义指控的论点。
卡罗还驳回了一项二级谋杀指控，该指控与作为恐怖主义行为的杀人有关。
起诉书的其余部分仍然存在，法官拒绝驳回另一项二级谋杀指控，被指控的杀手对此表示不服。
“我们尊重法院的决定，并将继续进行其余九项指控，包括二级谋杀罪，”曼哈顿地方检察官办公室在裁决后的一份声明中表示。
除二级谋杀外，曼乔内将在州法院接受两项二级非法持有武器罪、四项三级非法持有武器罪、一项四级非法持有武器罪和一项二级非法持有伪造文书罪的审判。
在周二的露面中，曼乔内戴着镣铐，穿着棕色t恤外面套着米色囚服。在简短的听证会上，他没有说话。
曼乔内的三排支持者出席了听证会。
他的下一次听证会定于12月1日。
曼乔内群岛被指控开枪杀人2024年12月4日，首席执行官布莱恩·汤普森带着一把装有消音器的9毫米手枪走在曼哈顿中城的街道上。
经过几天的追捕，曼乔内在宾夕法尼亚州的阿尔图纳被捕。
当警方在阿尔图纳的一家麦当劳找到曼乔内时，他正背着一个背包，调查人员说，背包里有涉嫌谋杀的武器、一个假身份证和一本他用作日记的红色笔记本。
“我终于对我要做的事情有信心了，”据当局称，一个条目上写道。“目标是保险。它会检查每个箱子。”
辩方认为警察没有搜查令搜查背包是非法的.
一个联邦大陪审团在4月份指控曼乔内两项罪名，即跟踪，枪支犯罪和使用枪支谋杀，这一指控使他有资格获得死刑，如果罪名成立。
曼乔内对纽约州和宾夕法尼亚州的指控以及联邦指控表示不服罪。同时进行的起诉让他陷入了他的律师所说的“站不住脚的局面”，他们已经要求法官格雷戈里·卡罗驳回该州的案件，或者至少搁置。
检察官希望法官能确定审判日期。
曼乔内也被命令出现在一个宾夕法尼亚法庭关于那些州指控。虽然他目前被关押在布鲁克林的大都会拘留中心，但宾夕法尼亚州布莱尔县地方检察官办公室希望被指控的杀手出庭，参加定于11月7日举行的审前动议听证会。
在宾夕法尼亚州，曼乔内对伪造、持有犯罪工具和向官员提供假身份证的指控拒不认罪。
健康信息规则
Carro为Mangione提供了一个额外的胜利，同意他阻止检察官使用他们的材料的请求从他的医疗服务提供者那里收到传票，安泰。
Carro拒绝就Mangione的HIPAA权利是否受到侵犯做出裁决，因为检察官简要审查了材料。
地方检察官办公室在上个月的一份文件中说一张寻求像曼乔内的账号和报道时间段这样“完全不起眼”的信息的传票没有任何“秘密或邪恶”之处。
检察官表示，他们要求安泰提供有限的信息，而安泰错误地向他们提供了额外的材料。检察官说，他们一意识到这些材料就删除了，并提请辩方和法庭注意。
一位熟悉传票的消息人士说，辩护律师向检察官重新发送了检察官已经删除的相同项目，这使得错误更加严重。
Luigi Mangione: Judge tosses 2 state murder charges related to act of terrorism
A judge dismissed two murder chargesrelated to acts of terrorismas Luigi Mangione, the accused killer of UnitedHealthcare CEO Brian Thompson, made his first Manhattan courtroom appearance in five months on Tuesday.
Judge Gregory Carro tossed out the most severe charge, first-degree murder, accusing Mangione of murder as a crime of terrorism.
The judge said the evidence presented to the grand jury was insufficient to support the terrorism charge.
“While the defendant was clearly expressing an animus toward UHC, and the health care industry generally, it does not follow that his goal was to ‘intimidate and coerce a civilian population,’ and indeed, there was no evidence presented of such a goal,” the judge wrote in a decision issued on Tuesday morning.
Prosecutors argued Mangione’s actions intimidated or coerced employees of UnitedHealthcare, but Carro rejected the argument those fears are enough to justify a terrorism charge.
Carro also tossed a second-degree murder charge, related to killing as an act of terrorism.
The rest of the indictment remains, with the judge refusing to dismiss another second-degree murder charge, to which the accused killer has pleaded not guilty.
"We respect the Court's decision and will proceed on the remaining nine counts, including Murder in the Second Degree," the Manhattan District Attorney's Office said in a statement following the ruling.
In addition to second-degree murder, Mangione will be tried in state court on two counts of criminal possession of a weapon in the second degree, four counts of criminal possession of a weapon in the third degree, one count of criminal possession of a weapon in the fourth degree and one count of criminal possession of a forged instrument in the second degree.
During his appearance on Tuesday, Mangione wore shackles and beige jail garb over a brown T-shirt. He did not speak during the brief hearing.
Three rows of supporters for Mangione were present at the hearing.
His next hearing is scheduled for Dec. 1.
Mangione isaccused of shooting and killingCEO Brian Thompson with a 9 mm handgun equipped with a silencer on a Midtown Manhattan street on Dec. 4, 2024.
After a several-day manhunt, Mangione was captured in Altoona, Pennsylvania.
When police found Mangione at a McDonald's in Altoona, he was carrying a backpack that investigators said contained the alleged murder weapon, a fake ID and a red notebook he used as a diary.
"I finally feel confident about what I will do," one entry said, according to authorities. "The target is insurance. It checks every box."
The defense argued police lacked a warrant, making thesearch of the backpack illegal.
A federal grand jury charged Mangione in April with two counts of stalking, firearms offense and murder through the use of a firearm, a charge that makes him eligible for thedeath penalty, if convicted.
Mangione has pleaded not guilty to state charges in New York and Pennsylvania as well as the federal charges. The simultaneous prosecutions put him in what his attorneys have called an "untenable situation" and they've asked Judge Gregory Carro to dismiss the state case, or at least put it on hold.
Prosecutors were hoping the judge would set a date for trial.
Mangione is also being ordered to appear in aPennsylvania courtroomregarding those state charges. While he is currently being held in the Metropolitan Detention Center in Brooklyn, the Blair County District Attorney's Office in Pennsylvania wants the accused killer to appear in court for a pretrial motion hearing scheduled for Nov. 7.
In Pennsylvania, Mangione has pleaded not guilty to charges of forgery, possession of an instrument of a crime and giving a false ID to an officer.
Health information ruling
Carro delivered Mangione an additional win in granting his request to block prosecutors from using materials theysubpoenaed from his health care provider, Aetna.
Carro declined to issue a ruling on whether Mangione’s HIPAA rights were violated because prosecutors briefly reviewed the material.
The district attorney's officesaid in a filing last monththat there was nothing "secretive or nefarious" about a subpoena that sought "entirely unremarkable" information like Mangione's account number and time period of coverage.
Prosecutors had said they requested limited information from Aetna and Aetna sent them additional materials in error. Prosecutors said they deleted the materials as soon as they became aware of them and brought it to the attention of both the defense and the court.
The error was compounded by defense counsel resending to prosecutors the very same items prosecutors had already deleted, a source familiar with the subpoena said.
