UPDATE
8/8 9:38 AM PT — Prosecutors just responded to Luigi Mangione‘s defense team and they say they did nothing wrong.
In new legal docs, obtained by TMZ, prosecutors say they issued a valid subpoena to Aetna for account numbers and dates of when Luigi received coverage and Aetna made an administrative mistake and seemingly provided materials outside of the scope of the subpoena.
Prosecutors say they identified the error, notified the court and Luigi’s defense and then deleted their copy of said materials.
Luigi Mangione’s lawyers are accusing the prosecution of cheating to obtain confidential information about him … specifically claiming they violated federal law through a recent subpoena.
The defense team — led by Karen Friedman Agnifilo — sent a letter to the judge Thursday in which they claim prosecutors partially reviewed documents about Luigi’s medical care that are supposed to be protected by the Health Insurance Portability and Accountability Act.
Mangione’s side says prosecutors created a fraudulent subpoena to obtain the health information … circumventing the rules by telling the health insurance company Aetna they could send the docs right to them.
Luigi’s lawyers claim the prosecution knew they were trying to get privileged material … violating not just HIPAA but doctor/patient confidentiality as well.
According to Luigi’s team, the prosecution jumped through all these hoops in order to “to get this information by cheating, specifically by ensuring that the defense did not find out that it was gathering information about Mr. Mangione ‘s medical history.”
Mangione’s attorneys are calling for a court date to discuss sanctions against the prosecution for their actions.
Luigi was arrested back in December and charged with the murder of United Healthcare CEO Brian Thompson. He’s been charged with murder at both the state and federal levels.
