(CNN) — The New York judge overseeing the state murder case against Luigi Mangione has effectively postponed his September trial by giving prosecutors nearly two months to contest defense claims their client will be unlawfully prosecuted under double jeopardy grounds should it proceed.
In an order Monday, Judge Gregory Carro ordered Manhattan prosecutors to respond by October 9 to Mangione’s motion to dismiss the state murder case on double jeopardy and constitutional grounds. He scheduled the next court hearing for December 10.
On Friday, Mangione pleaded guilty to two federal counts of stalking and admitted to fatally shooting UnitedHealthcare Chief Executive Brian Thompson. His attorneys immediately filed a motion to dismiss much of the state case, in which he faces second-degree murder and weapons charges.
The guilty plea came less than one month before jury selection was scheduled to begin in the state trial on September 8. Judge Carro’s order doesn’t explicitly adjourn the trial but it can’t go forward until a decision on the motions is made.
The next court hearing, which may signal when the judge will issue his decision on the motions, is scheduled to take place eight days before Mangione will be sentenced on the federal charges. He faces a maximum sentence of life in prison.
If state prosecutors are satisfied with his federal sentence, they could agree to dismiss their charges. But the Manhattan District Attorney’s office so far has said it would continue to litigate the issues around double jeopardy and it remains committed to seeking justice for Thompson’s family.
Mangione’s lawyers raised concerns when he was first charged in both jurisdictions that the 28-year-old was unfairly being tried twice for the same crime. Since then, the prospect of double jeopardy has remained an open question that’s come up several times during open court proceedings and in filings.
“It was a single tragic event, yet he’s being prosecuted twice for the same conduct,” Karen Friedman Agnifilo told reporters outside the federal courthouse Friday.
In its filing, the defense accused federal and state prosecutors of coordinating their cases “to maximize the punitive effectiveness of the two cases at the expense of Mr. Mangione.”
Mangione’s defense claimed state and federal prosecutors cut a deal to allow the state case to proceed first in an effort to evade double jeopardy protections and give both offices an opportunity to prosecute Mangione, violating the killer’s constitutional rights.
“This coordinated deal between them had a specific purpose: The scheme was designed solely to ensure dual successive prosecutions, in order to attempt to avoid double jeopardy protections,” the filing said.
The Manhattan District Attorney’s Office acknowledged Mangione’s motion to dismiss the state charges Friday afternoon but said it was ready to fight for its case in court.
“We are encouraged that Mr. Thompson’s family received a measure of accountability today,” a spokesperson said Friday. “While federal sentencing is pending, we are prepared to litigate the defense motions. The Manhattan D.A.’s Office remains committed to seeking justice for Mr. Thompson and his family.”
Carro’s eventual ruling on the constitutional and legal issues could be appealed.
This story has been updated with additional information.
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