NEW YORK (WABC) -- Luigi Mangione is set to go before a judge for a pretrial hearing in Lower Manhattan on Tuesday morning.

He's facing both state and federal charges in the shooting death of United Healthcare CEO Brian Thompson.

Judge Gregory Carro could potentially set a trial date as his lawyers push for his state charges to be tossed.

They say the New York case and the federal death penalty prosecution amount to double jeopardy.

If the judge allows the state case to move forward, defense attorneys say they want the terrorism charges dismissed, and prosecutors barred from using evidence collected during Mangione's arrest last December, including a 9mm handgun and notebook in which authorities say he described his intent to "wack" an insurance executive.

Prosecutors want the judge

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