Luigi Mangione appeared in Manhattan criminal court on Wednesday, where Judge Gregory Carro unsealed a motion from his defense team indicating a potential “psychiatric defense” based on “extreme emotional disturbance” at the time of the shooting of UnitedHealthcare CEO Brian Thompson.

Mangione, who sat between his lawyers in a dark blue suit, remained quiet throughout the brief hearing. For much of the time that photographers were permitted in the courtroom, he held a folder in front of his face.

The unsealed 250.10 (1b) notice refers to a “notice of intent to proffer psychiatric evidence” and a request for a psychiatric evaluation. In this legal context, “psychiatric evidence” is defined as proof of a mental disease or defect offered by the defendant to support an affirmative defense of lack of criminal responsibility. Mangione’s team is specifically exploring the “extreme emotional disturbance” (EED) defense, which, if successful, could reduce a murder charge to manslaughter.

Filing this notice does not guarantee that the defense will proceed with this strategy, but it is a mandatory procedural step to preserve the option. Judge Carro warned the defense team that they risked losing the ability to use this defense if they failed to submit the necessary documentation promptly.

While the prosecution maintains the burden of proving that Mangione committed the illegal act, the burden of proving “extreme emotional disturbance” would fall upon Mangione should his team pursue that path. Judge Carro ordered the defense to provide further details regarding the nature of the alleged disturbance by the following day.

Mangione’s lead defense counsel, Karen Friedman Agnifilo, noted that they had already provided “voluminous records” to the prosecution. The Assistant District Attorney countered that the prosecution had been uncertain until the hearing whether the defense intended to move forward with the EED claim.

Currently held in federal custody at the Metropolitan Detention Center (MDC) in Brooklyn, Mangione faces both state and federal charges. He has pleaded not guilty to all counts. Following a recent court opinion, the federal case against him has been narrowed to two stalking charges, as the murder-related firearm charge was dismissed. The state trial is currently expected to begin on September 8, with the next virtual hearing scheduled for August 11.