Myths about the United CEO Shooter Trial Already Emerging

Social Media strikes again!

Everyone by now has heard about the killing of United Hecare CEO Brian Thompson and the resulting discourse about him and his alleged murderer, Luigi Mangione. I have zero interest in waging into the discourse here, which IMO got really weird. What I am interested in, dear reader, is dispelling a few myths and half-truths and providing clarification on what happens from this point forward.

Myth #1: The prosecutor is having issues with selecting a jury.

The claim here is essentially that everyone is so sympathetic to Mangione that they cannot even find jurors even willing to hear the case regarding his guilt. I have seen this all over social media. It immediately grabbed my attention because the grand jury indictment for the New York charges was issued just days ago. Doing jury selection before a single pre-trial motion would be wild, but I wondered where this claim came from.

Turns out that Newsweek, a once more respectable publication, published an article with the headline, “Luigi Mangione Prosecutors Have a Jury Problem: 'So Much Sympathy.’” But when you read the article it does not include any claims by the prosecutors or any other source claiming that jury selection is underway and posing problems due to sympathy. In fact, there are no claims whatsoever by the prosecution or defense in Mangione’s case. Neama Rahmani, a former federal prosecutor and current California attorney, and Colleen Kerwick, a New York attorney merely gave comments discussing how important jury selection will be in this case. Rahmani told Newsweek, “I've never seen an alleged murderer receive so much sympathy. To many people, Mangione is a hero of sorts.” He added that the Manhattan DA Alvin Bragg’s office would have to be very careful to weed out ‘stealth jurors’ sympathetic to Mangione.

It is not lost on me that this much sympathy is not reserved for women who kill abusers, but that is another discussion for another time. However, Rahmani is not claiming to have some insider knowledge. He is just acknowledging that the discourse has meant that some people may lie or try to hide their prior biases regarding Mangione to ensure an acquittal or at least a hung jury.

As for Kerwick, she merely acknowledged that Mangione defense attorney, Karen Friedman Agnifilo, will use voir dire (a process where potential jurors are asked questions) to get jurors seen as more sympathetic to Mangione on the jury. Kerwick’s comment merely reflects how important the jury selection process is, particularly for this case, and that young jurors will likely be more favorable to Friedman Agnifilo’s defense arguments.

I also expect that jurors will be asked about health issues, activism, where they get news, if they have ever been in disputes with a health insurance company, etc. This will help both sides gauge who they are more likely to hear out, or if a juror would even be willing to hear their side out. Everyone has biases. There is no real such thing as an unbiased juror. Everyone has their own worldviews, opinions, and prejudices. While we ask and expect jurors to view the case objectively, separating subjective from objective can be messy, even if someone tries their best to be objective. We know those biases exist, so if they are going to exist, then you don’t want someone who seems more likely to vote against your desired verdict. So, you can try to suss out if these people are more likely to help or harm your desired outcome.

I believe that a jury will be selected for this case. The media coverage and discourse will definitely make it more difficult than a typical murder trial. However, I do think that one will be selected here.

Myth #2: You Can Get on the Jury By Lying

I’ve seen this encouraged, and I think it is mainly people making kind-of-sort-of jokes and also people looking for clout on social media. But I will go ahead and tell you that lying under oath is not a good idea. People are not as good at lying and trying to cover their tracks as they think they are. Also, I cannot believe I have to say this, but do not give the potential jurors “advice” regarding evidence or any of the proceedings. You can have opinions about the case. That is fine. But don’t say something like, “If you’re a juror, you should do x, y, and z,” or say or send things to them to sway views and opinions. You can and will catch a charge for that kind of thing. The only person who will give the jury instructions is the judge.

Myth #3: They Cannot Charge Mangione for the Same Crime in Federal and State Court! That’s Double Jeopardy.