Brian Buckmeyer
speaker
3,691 appearances
104 recordings
5 series
first heard Jan 2025
last heard 3d ago
Brian Buckmeyer’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 67 in all, peaking in Sep 2026 with 51.
Appearances
Why not that rather than the strategy you've just put forward?
We've gotta take a quick break.
And when we come back, we'll talk about where things stand in Mangioni's steak case.
Right after Luigi Mangioni's federal plea hearing, his attorneys filed a motion to dismiss his state charges, including second degree murder, on double jeopardy grounds.
Double jeopardy is a constitutional protection found in the Fifth Amendment.
It protects people from being prosecuted for the same crime twice.
It's very important to say crime and not actions, because that's the distinction the law makes.
Then every state, like with many criminal laws, has the ability to create further protections that go beyond the federal protections of double jeopardy.
New York being one of the more litigious states, because we have the Southern District of New York and Eastern District of New York, where there are a lot of state and federal overlaps.
Go a little bit further in their protections, and they give greater definitions as to why the state and federal government cannot prosecute you for the same crime twice.
Here's Luigi Magioni's defense attorney, Karen Friedman Agnifilo, speaking about double jeopardy at a press conference after Magioni's plea hearing.
Aaron, as I read the New York State double jeopardy law and the motion that was filed by the defense of Luigi Mangioni, I zero in on about fifteen words that I think is gonna come down to why the defense either wins or loses.
And I'm curious as to what your response is.
As I understand that their strongest argument is to say that the stalking resulting in death in federal court
And the murder charge in the second degree in state court.
Are too similar, and that's why it's double jeopardy.
The language in the law is that the statutory provisions defining such offenses.
are designated or designed, sorry, to prevent very different kinds of harm or evil.
I could see the state saying stalking and resulting in death and murder in the second degree are two different evils.
And therefore both jurisdictions have the right to prosecute.
Showing 481–500 of 3,691 · page 25 of 185
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