Luigi Mangione defense accuses prosecutors of improperly reviewing his private medical records

NEW YORK -- Defense attorneys for Luigi Mangione accused prosecutors with the Manhattan district attorney's office of knowingly and inappropriately reviewing his private medical records after his insurance company, Aetna, turned them over pursuant to a subpoena, according to a new court filing on Tuesday that sought an evidentiary hearing into how the information was obtained and accessed.

The defense has previously accused the district attorney's office of violating Mangione's HIPAA rights after prosecutors subpoenaed Aetna for documents and records. The defense said prosecutors were able to view medical diagnoses and statements that Mangione made to health care providers to receive treatment.

Prosecutors denied any violation, saying they sought "entirely unremarkable" information like Mangione's account number and how long Aetna had provided him coverage. They blamed Aetna for turning over more information than the subpoena sought. Aetna said it responded appropriately to the subpoena.

"A gaping, factual chasm exists between the explanations provided by the District Attorney's Office and Aetna," defense attorneys wrote. "Given the factual discrepancies between the District Attorney's Office and Aetna, this Court should conduct an evidentiary hearing so that the Court can fashion an appropriate remedy commensurate with the gravity of the violation."

Defense attorneys want to know how the subpoena was drafted, how Aetna was directed to respond, who reviewed the information provided and who supervised the process. They said answers would determine whether the defense seeks to suppress the evidence, to move for the prosecution team's recusal or to dismiss the indictment.

Mangione has pleaded not guilty to charges that he murdered United Healthcare chief executive Brian Thompson last December on a Midtown Manhattan street.