Attorneys for Luigi Mangione plan to present an “affirmative psychiatric defense” at his state trial, alleging he was suffering an “extreme emotional disturbance” at the time of the killing of UnitedHealthcare CEO Brian Thompson, Judge Gregory Carro said at a hearing Wednesday.  

Carro ordered Mangione’s attorneys to turn over his psychiatric records to prosecutors immediately.

Carro also agreed to dismiss one of the criminal counts related to possession of a large capacity ammunition magazine. 

Prosecutors consented to drop the charge after a ruling earlier this year that prohibited them from using the magazine at trial because it was improperly searched by the officers who arrested Mangione in Pennsylvania.

Mangione pleaded not guilty to state and federal charges after he was arrested for allegedly gunning down Thompson, a husband and father of two, on a Midtown Manhattan street in December 2024.

Mangione’s state trial is scheduled to begin on Sept. 8 and his federal trial is set for next year.