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“It's on us,” Seidemann said. “We got the writ signed but we failed to serve it.”

“That's unfortunate,” Carro replied.

Seidemann noted that the judge in Mangione's federal case, Margaret Garnett, had sent an order to the jail authorizing him to wear a suit to court, but the prosecutor acknowledged that alone wasn't enough to get him brought to court.

Mangione, 28, is being held at a federal jail in Brooklyn while awaiting trial in state and federal trials in the Dec. 4, 2024, killing. He has pleaded not guilty in both cases and could spend his life in prison if convicted in either case.

Carro had been expected to rule Tuesday on an unspecified matter after holding a secret hearing two weeks ago. Carro said he sealed the virtual proceeding at the request of the defense but provided no other details at the time.

Any ruling from Carro would now come on Wednesday.

Mangione is set to go to trial in the state case on Sept. 8. His federal trial, which involves stalking charges, is set to begin on Oct. 13.

Thompson, 50, was killed as he walked to a Manhattan hotel for UnitedHealth Group’s annual investor conference. Surveillance video showed a masked gunman shooting him from behind. Police say “delay,” “deny” and “depose” were written on the ammunition, mimicking a phrase used to describe how insurers avoid paying claims.

Mangione, an Ivy League graduate from a wealthy Maryland family, at a McDonald’s in Altoona, Pennsylvania, about 230 miles (about 370 kilometers) west of Manhattan.

At a hearing last month, Carro ruled that a gun and notebook that prosecutors say link Mangione to the killing can be used as evidence against him.

The gun, a 3D-printed pistol, matches the one used to kill Thompson, prosecutors said. The notebook describes wanting to “wack” a health insurance executive and rebelling against “the deadly, greed fueled health insurance cartel.”