A jury that accepts such a defense would be obligated to convict Mangione of manslaughter, which carries a maximum sentence of 25 years in prison, instead of murder, which could put him behind bars for the rest of his life. An emotional disturbance defense isn't available in Mangione's federal case, where he also faces a possible life sentence.
New York Judge Gregory Carro announced the defense's decision in court two weeks after holding a secret hearing on the matter. He said he will unseal a transcript and other records from that hearing once redactions are made.
Carro said Mangione’s lawyers first raised the possibility of a psychiatric defense last year in a letter that was filed under seal and confirmed their decision at the June 3 hearing, which the judge said was held in secret at the defense's request.
“The reasons for the sealing was to give the defense an opportunity to determine whether they were going forth with that defense and the nature of that defense,” Carro said.
Carro said he didn't expect the development to delay Mangione's trial, which is scheduled to begin with jury selection on Sept. 8. His next pretrial hearing is scheduled for Aug. 11.
Assistant District Attorney Joel Seidemann said he wants Mangione evaluated by a prosecution psychiatrist. To facilitate that, Carro said, Mangione could soon be moved to New York City’s Rikers Island jail complex from a federal jail in Brooklyn, where he has been held since shortly after his December 2024 arrest.
Mangione, 28, has pleaded not guilty to state and federal charges in the Dec. 4, 2024, killing. His federal trial, which involves stalking charges, is set to begin on Oct. 13.