Manhattan judge tosses Murder 1 for Luigi Mangione in state case
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Date: September 16th, 2025 10:39 AM Author: Pontificating spruce yarmulke
Why no murder 1?
Edit: just googled. NY requires an aggravating factor for murder 1 and premeditation doesn't count.
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49274519) |
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Date: September 16th, 2025 10:50 AM Author: boyish cumskin
I don't see it fitting the NY definition of terrorism for these purposes
https://www.nysenate.gov/legislation/laws/PEN/490.05
(b) for purposes of subparagraph (xiii) of paragraph (a) of subdivision one of section 125.27 of this chapter means activities that involve a violent act or acts dangerous to human life that are in violation of the criminal laws of this state and are intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or coercion; or
(iii) affect the conduct of a unit of government by murder, assassination or kidnapping.
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49274542)
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Date: September 16th, 2025 5:35 PM Author: Ruddy racy locale skinny woman
no he's right gradations of murder are retarded
we already have manslaughter for situations w/extenuating circumstances.
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49275759)
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Date: September 16th, 2025 9:32 PM Author: curious lodge
wtf? change your name
Date: September 16th, 2025 7:30 PM
Author: nazi Lawyer
non-lawyer here,
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49276457) |
Date: September 16th, 2025 6:49 PM Author: Fighting newt coffee pot
So Alvin Bragg is too right wing for NYC courts now
*blank stare*
*blood runs from eyes*
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49275953) |
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Date: September 16th, 2025 10:26 PM Author: clear step-uncle's house legend
it uses the definition of politics:
influence the policy of a unit of government
affect the conduct of a unit of government
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49276605) |
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Date: September 16th, 2025 10:45 PM Author: bearded vivacious therapy legal warrant
There was no evidence presented that defendant made any demands of govemment or
sought any particular governmental policy change, let alone that he did so by intimidation or
coercion
...
Indeed, as the federal
authorities noted, the defendant's goal appeared to be to draw the public's attention to what he
perceived to be problems with the healthcare industry.5 The People place great emphasis on one
snatched phrase ("revolutionary anarchism") in defendant's writings to suggest that this satisfies
the statutory element of an intent to "influence the policy of a unit of govemment by intimidation
or coercion, or affect the conduct ofa unit ofgovernment by murder, assassination or
kidnapping."6 Not only does this stretch the import of a two-word phrase beyond what it can
carry, but it ignores other, more explicit excerpts from defendant's writings in which he states
that his goal is to spread a "message" and "win public support" about "every4hing wrong with our
health system." Therefore, the court finds that the People failed to establish an intent to
"influence" or "affect" government. This court will tbcus on the intent element that both sides
appear to emphasize - the intimidation or coercion of a civilian population
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49276635) |
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Date: September 16th, 2025 10:46 PM Author: bearded vivacious therapy legal warrant
The defendant's apparent objective,
as stated in his writings, was not to threaten, intimidate, or coerce, but rather, to draw attention to
what he perceived as the greed ofthe insurance industry ("members ofthe public can focus on
greed"), and, as an additional possible consequence, to negatively affect the financials ofthe
company. The defendant emphasized that he wished to spread a "message" and "win public
support" about "every.thing wrong with our health system." The def'endant explicitly
contrasted himself with Ted Kaczynski, the "Unabomber," because he "indiscriminately mail
bomb[ed] innocents," and "cross[ed] the line ... to terrorist, the worst thing a person can be."
Exhibit A to People's Affirmation in Response to Defendant's Omnibus Motion. While
defendant's own characterization olhis conduct is olcourse not dispositive, where there is no
other evidence ofterroristic intent, the writings fail to supply that evidence, contrary to the
People's characterization. The People presented sufficient evidence that the defendant murdered
Brian Thompson in a premeditated and calculated execution. That does not mean, however, that
the delendant did so with terroristic intent.
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49276636)
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Date: September 16th, 2025 10:47 PM Author: bearded vivacious therapy legal warrant
The People suggest that the element of intimidation and coercion can be met because
some UHC employees felt fearful after the murder, and some UHC employees received threats.
But putting aside that some employees received threats even before the murder (one so serious
that investigators traveled to another state to investigate), and every murder has the potential to
induce some degree of fear - for example, a random murder in the subway will cause riders to
feel fearful about riding the subway - that I'ails to establish that this was the deflendant's intent, or
that the conduct fits within the statutory definition of terrorism
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49276638) |
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Date: September 16th, 2025 10:47 PM Author: bearded vivacious therapy legal warrant
While there is no doubt that the crime at issue here is not ordinary "street crime," it does
not follow that all non-street crimes were meant to be included within the reach ofthe tenorism
statute. While the People place great emphasis on defendant's "ideological" motive, there is no
indication in the statute that a murder committed for ideological reasons (in this case, the
defendant's apparent desire to draw attention to what he perceived as inequities or greed within
the American health care system), fits within the definition of terrorism. without establishing the
necessary element ofan intent to intimidate or coerce. The court agrees with the defendant that
the People appear to conflate an ideological belief with the intent to intimidate or coerce a
civilian population. While the defendant was clearly expressing an animus toward UHC, and the
health care industry generally, it does not lollow that his goal was to "intimidate and coerce a
civilian population," and indeed, there was no evidence presented ofsuch a goal.
(http://www.autoadmit.com/thread.php?thread_id=5775882&forum_id=2).#49276639) |
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