"No one could seriously question that this is violent criminal conduct,” Garnett wrote. However, her opinion said that the U.S. Supreme Court requires her to analyze the allegations in a way that is "totally divorced from the conduct at issue."
Garnett said crimes of violence must, by definition, involve force and, theoretically, stalking could be committed without it.
Mangione returned to federal court on Friday in beige jail garb over a maroon T-shirt moments after Garnett made her death penalty ruling.
Mangione's supporters cheered when word of Garnett’s opinion began to circulate in the hallway of Manhattan federal court.
"I’m very happy to hear it," Ashley Rojas, a Mangione supporter from New York who has attended every hearing, told ABC News. "I feel like this will be more motivation to keep going forward."
The defense wanted the death penalty taken off the table, arguing that stalking "fails to qualify as a crime of violence" and therefore cannot be the predicate to make Mangione eligible for the death penalty if he is convicted of the federal charges. The defense also argued that the decision to seek the death penalty was political and circumvented the federal government's protocols.
Defense attorney Karen Agnifilo told reporters Friday that she "wanted to thank the court for this incredible decision," adding, "We're all very relieved."
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