Sawt Falasteen - US judge blocks death penalty for alleged health CEO killer Mangione

The judge dismissed two federal charges against Mangione that could carry the death penalty: murder and using a gun with a silencer.

The 27-year-old suspect is still charged with two counts of stalking in his federal case, and separately faces state-level murder charges.

Friday's decision "is solely to foreclose the death penalty as an available punishment to be considered by the jury," Judge Margaret Garnett wrote in her opinion.

Mangione could be sentenced to life in prison without parole if convicted of the stalking charges. The federal trial is to begin with jury selection on September 8.

Prosecutors declined to comment on the decision when contacted by AFP. Garnett has given the prosecution until February 27 to file an appeal.

Mangione's attorney Karen Friedman Agnifilotold a press briefing outside the courthouse Friday that the defense team was "very relieved," hailing an "incredible decision."

The murder of UnitedHealthcare CEO Brian Thompson, captured on surveillance video, quickly captured national attention while exposing public anger with the profit-driven US healthcare system.

Mangione was arrested five days after the killing at a McDonald's restaurant in Altoona, Pennsylvania, some 230 miles (370 kilometers) from the crime scene, following a tip from a staff member.

Friday's decision comes after Mangione's legal team already succeeded in having state-level terrorism charges dropped.

However, Garnett also dealt the defense a significant blow on Friday -- rejecting their efforts to block the use of evidence found during Mangione's arrest.

Officers who arrived at the McDonald's searched Mangione's backpack, finding inside a handgun, a silencer, a magazine with bullets wrapped in underwear and a red notebook described as a "manifesto."

The defense had argued that proper protocol had not been followed during the search.

Friday's decision also marks a blow for President Donald Trump's attorney general, Pam Bondi, who has relaunched efforts to impose the death penalty at the federal level, reversing a moratorium during the administration of Joe Biden.

A date for the state trial has not been set.

Mangione -- who has an avid fan base of mostly women that often attend his hearings -- has pleaded not guilty to all charges.

D.Khalil--SF-PST