Defense attorneys withdrew a notice required to present psychiatric evidence, though this doesn’t prevent them from asking a judge to revisit the issue later
Luigi Mangione’s case took yet another unexpected turn late Thursday.
Defense attorneys for Luigi Mangione have formally withdrawn a notice that would have allowed them to present certain psychiatric or psychological evidence at his upcoming New York state murder trial.
In a brief letter dated June 18 and filed with the court, defense attorneys Karen Friedman Agnifilo, Marc Agnifilo and Jacob Kaplan wrote to New York Supreme Court Justice Gregory Carro: “The defense respectfully withdraws CPL § 250.10 notice at this time.” This refers to Mangione’s exploration of the Extreme Emotional Disturbance defense, or EED.
New York law requires defendants to give prosecutors advance notice if they plan to use mental health evidence, such as this, at trial. That could include claiming they suffered from a mental disease or defect or having a mental health expert testify about their psychological condition. Without that notice, that evidence usually can’t be presented unless a judge signs off on it. Unsealed transcripts from the June 3 “secret” hearing indicate the defense has been exploring EED since September of 2025. Defense attorney Karen Friedman Agnifilo expressed concern that publicly identifying the defense could unfairly imply her client was guilty.
This defense is also distinct from a traditional insanity defense. An extreme emotional disturbance claim does not argue that a defendant was legally insane or incapable of understanding his actions. Instead, it asks jurors to consider whether the defendant was experiencing an overwhelming emotional crisis that affected his judgment at the time of the offense. As a result, even if successful, it would not result in an acquittal or commitment to a psychiatric hospital. It could lead to a conviction on a lesser offense with a reduced prison sentence.
Mangione is also facing federal prosecution, where the EED defense is not allowed. Many have wondered if this played a role in the defense withdrawal. Legal experts don’t know what to make of the move.
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Attorney Rich Schoenstein said on X, “I have been impressed by Mangione’s legal team but I question this. Hinting they might concede guilt and argue extreme emotional distress and then saying ‘just kidding’ is not a good look and does not help them with the jury pool. You can get whiplash trying to follow this case.”
Atlanta-based criminal defense attorney Josh Schiffer of Chanco Schiffer also appears perplexed regarding the withdrawal, telling Los Angeles, “With the Death Penalty off the table (federally), this doesn’t fit into a logical defense. There may still be a 4D chess justification, but I can’t find a clear one.”
Credit: Lauren Conlin
By withdrawing the notice, Mangione’s attorneys are indicating they are not currently planning to rely on psychiatric evidence in the state prosecution. At least not now, anyway.
Mangione is due back in state court virtually on August 11.