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There might also be a hearing, or some sort of court appearance, to discuss this issue. “All of that has to be resolved before jury selection,” Cominsky said. “Even if this case proceeded, it’s not going to start on September 8.” Legal arguments are going to focus on the issue of being prosecuted twice. “What’s key to me is what he [said] in court today,” Cominsky said. “His [statement] was really focused on the same elements that the state would have to prove.” Given that Mangione said he shot Thompson, “in my opinion, the state is going to have a hard time making an argument that factual allegation can be distinguished” from the state accusation. “The state case is dead,” said Ron Kuby, a longtime criminal defense attorney whose practice focuses on civil rights. “It hasn’t been taken off life support yet, but it will be.” Kuby said that Carro would throw out Mangione’s state case. While Mangione pleaded guilty to stalking counts, he admitted to gunning down Thompson during his allocution, telling Garnett: “I shot Mr Thompson in Manhattan and he died.” This conduct overlaps with the actions in his state-level murder charge.
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