For Luigi Mangione's defense, "sympathy" from the jury could save him

Jurors may acquit Luigi Mangione, even if they think he is guilty, a former federal prosecutor has said.

Neama Rahmani told Newsweek that jurors may be swayed by an outpouring of public sympathy for Mangione, who is accused of gunning down the CEO of medical insurance company UnitedHealthcare. Newsweek sought email comment from Mangione's attorney, Thomas Dickey, on Thursday.

UnitedHealthcare CEO, Brian Thompson, 50, was shot dead by a masked gunman as he walked alone to his company's annual investor conference at the New York Hilton Midtown at around 6:45 a.m. on Wednesday, December 4.

The killing of Thompson sparked a huge search, with the New York Police Department publicizing surveillance images of the suspect and a $10,000 reward for information leading to an arrest and conviction. On Friday, the FBI offered an additional $50,000 reward.

Luigi Mangione, 26, was arrested on Monday in Altoona, Pennsylvania, after a McDonald's customer reportedly alerted an employee after recognizing him from surveillance camera images that the NYPD had publicized. That employee then called 911, authorities said.

"The evidence against Mangione is strong, but he has engendered a lot of sympathy. The case presents a real risk of jury nullification," Rahmani said. Jury nullification occurs when a jury knows there is enough evidence to convict an accused but acquit them because they feel sympathy for the accused or their cause. Observers are asking whether Mangione was driven by debilitating back pain that friends say he underwent surgery for recently.

Rahmani, now president of the West Coast Trial Lawyers law firm, said that, without jury nullification, it may be difficult for Mangione's lawyer to get an acquittal.

"Digital and video evidence that didn't exist decades ago helped capture Mangione, and even the forensic evidence that previously existed like fingerprints and DNA is much more advanced," Rahmani said.

New York attorney Colleen Kerwick told Newsweek that the defense could adopt a strategy to allow for jury nullification.

"The defense team could avoid making any admissions by denying it was him, denying it was his gun, denying it was his manifesto and working with reasonable doubt," Kerwick said. She added that would "give the jury the latitude to reject the evidence to send a message."

Kerwick said she was surprised by the number of social-media memes glorifying Mangione.

"The trial judge gives instructions to the jury as to how they can rule. They could conceivably be held in contempt of court if they go against that instruction," she said.

There has been an outpouring of sympathy for Mangione since his arrest. On Monday, there was loud booing from the audience when The Daily Show host, Jon Stewart, mentioned that Mangione had been arrested at a McDonald's in Pennsylvania.

"Look, I'm sorry, guys," Stewart said. "Apparently, a bystander at the McDonald's ratted him out. Normally, I would say that snitches get stitches, but obviously without pre-approval …" Stewart added, to laughter from the audience.

U.K. newspaper The Daily Mail reported on Tuesday that some online influencers have been encouraging anyone called for jury duty to avoid it so that they can later get on the Mangione jury and acquit him.