First, Judge Gregory Carro in New York State argued that Luigi Mangione, the leftist terrorist, wasn’t a terrorist because he said he wasn’t.
Judge Gregory Carro argued that Luigi Mangione was wrongly being charged as a terrorist since the radical terrorist’s objective “was not to threaten, intimidate or coerce, but rather to draw attention to what he perceived as the greed of the insurance industry. …
“The defendant emphasized that he wished to spread a ‘message’ and ‘win public support’ about ‘everything wrong with our healthsystem.’”
One man’s terrorist is another man’s do-gooder.
More:
More of the same now at the federal level where Judge Margaret Garnett, a recent Biden appointee, decided that Luigi Mangione stalking Brian Thompson in order to kill him wasn’t a “crime of violence”.
Judge Garnett, a Biden appointee, noted the “apparent absurdity”, arguing that “the analysis contained in the balance of this opinion may strike the average person — and indeed many lawyers and judges — as tortured and strange, and the result may seem contrary to our intuitions about the criminal law.”
You said it, ma’am.
And:
But stalking a man in order to kill him, according to the Biden judge, isn’t a “crime of violence” and has decided to “foreclose the death penalty as an available punishment to be considered by the jury”’
That is so very strange that I did some more research, and discovered the rationale:
To seek the death penalty, prosecutors needed to show that Mangione killed Thompson while committing another “crime of violence.” Stalking doesn’t fit that definition, Garnett wrote in her opinion, citing case law and legal precedents.
So there has to be a separate crime of violence to elevate the charges to a capital offense in New York. So as strange as it sounds, Garnett’s ruling might indeed be correct on this.
I will add that in New York, the difference between capital charges and life imprisonment is more technical than real. You can read about the complicated history of New York executions here, but this is the most relevant part for today:
Capital punishment was reinstated in New York in 1995 for a wide-range of aggravating factors, when Pataki signed a new statute into law, which provided for execution by lethal injection.[28] However, there were no executions before the capital punishment statute was nullified in 2004.
On June 24, 2004, the New York Court of Appeals, the state’s highest court, held 4–3 in People v. LaValle that the state’s death penalty statute violated the New York Constitution, because in case of a deadlocked jury the judge could impose a sentence lesser than life without parole, so jurors would be “coerced” to vote for death solely to prevent the convict from being paroled. Governor Pataki criticized the ruling and called for a quick legislative fix.
Between December 2004 and February 2005, public hearings were held in Manhattan and Albany. …
In 2007, the New York Court of Appeals decided in People v. Taylor that the statute defect could not be corrected by a judge instruction to the jury that he would impose life without parole. This led to the commutation of the last of the seven death sentences that were imposed under the 1995 statute.
In 2008, the State Senate again passed legislation that would have established the death penalty for the murder of law enforcement officers, but the Assembly did not act on the legislation. In July of that year, Governor David Paterson ordered the removal of all execution equipment used to perform lethal injection and the closure of the execution chamber at Green Haven Correctional Facility.
The 1995 statute has never been repealed and is still on the books. …
There is currently no inmate on federal death row sentenced for a crime committed in the state of New York.
However, the death penalty can still be imposed in federal cases, even in New York. The reality is that it has not been imposed. The Mangione case is in line with that.
