Luigi Mangione judge to allow September trial overflow room as prosecutors warn of juror intimidation

New York City prosecutors are warning that the defendant's supporters may intimidate witnesses and jurors in the trial of accused assassin Luigi Mangione, who is charged with gunning down UnitedHealthcare CEO Brian Thompson in a Dec. 4, 2024 shooting from behind outside a Manhattan hotel.

"The media attention surrounding this case — and the efforts of some of defendant’s supporters both to intimidate witnesses and to interfere with the functioning of the jury — will place extraordinary pressure on witnesses and potential jurors alike," Assistant District Attorney Joel Seidemann wrote in a letter to Judge Gregory Carro Monday evening.

Prosecutors asked the judge in a recent court filing to limit courtroom access and strictly enforce decorum rules at the high-profile trial, with jury selection scheduled to begin on Sept. 8.

Carro, however, said the court was considering expanding media access not shrinking it.

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Mangione made a brief appearance in court Tuesday for a conference ahead of his trial.

"There has never been a decision by this court to exclude or limit," Carro said. "There have been discussions on expanding."

And he said concerns from the defense that the Manhattan District Attorney's Office was involved in picking which journalists could attend were without merit.

"I don’t want to hear anymore about this,"  he told the sides.

Prosecutors had also claimed that court officers would face difficulty enforcing courthouse rules in an overflow room if one were made available to accommodate more reporters than can fit in the main courtroom.

"We are particularly concerned about the possibility that a spectator in an overflow courtroom will clandestinely record the proceedings and share any such recordings with others," prosecutors wrote. "That concern will only be heightened if the overflow room includes a video feed as well as an audio feed."

Seidemann recommended that if the judge does approve an overflow room, "it include only an audio feed so as to minimize the potential for witness intimidation and harassment."

There was no discussion of cameras in the courtroom, but Carro warned that anyone who takes a phone out in the courtroom or overflow room would be removed.

"The conventional wisdom is that the defense usually doesn't want high-profile cases broadcast. It can put implicit pressure on jurors to return a guilty verdict," Neama Rahmani, a former federal prosecutor, told Fox News Digital last week.

But Mangione's defense team is likely aware that the defendant has a sizable number of supporters and is aiming to leverage that, he said.

"There's upwards of 10 to 20 percent of the people who have been surveyed who believe that even if he did it, it was justified," Rahmani said. "And I think the defense knows this, and they know that more attention creates the possibility of jury nullification, or maybe even an acquittal."

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Thompson, a 50-year-old father of two from Minnesota, was walking to a business conference when surveillance video shows a man firing multiple bullets into his back. Police arrested Mangione days later at a McDonald's in Altoona, Pennsylvania.

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Mangione's legal team has requested a publicly televised trial, something that New York law doesn't typically allow.

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In June, Mangione's defense team announced plans to assert a psychiatric defense in the state case — then withdrew it a day later.

Mangione has pleaded not guilty to eight state charges, including second-degree murder, which carries a maximum sentence of 25 years to life in prison under New York law.

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He is expected to go to trial in a parallel federal case early next year.

Fox News' Adam Sabes contributed to this report.