Lawyers for the man accused of shooting 10 people on a Brooklyn subway have accused the FBI of violating his rights in their interviews with him.
Frank James, 62, is charged with conducting a violent attack on a mass transportation vehicle following the April 12 attack. He faces life in prison if convicted.
Arrested on April 13, James is currently being held without bail in the Metropolitan Detention Center in Brooklyn, and James’s lawyers claim that on Tuesday FBI agents entered his cell and questioned him, without following proper procedures.
Mia Eisner-Grynberg and Deirdre von Dornum of the Federal Defenders of New York filed a complaint on Thursday, claiming that the FBI entered James’s cell for questioning without alerting them before or after.
They also took swabs of the inside of his mouth for DNA, made him sign documents, and failed to provide James with a receipt for the interaction.
Frank James is seen on April 13, immediately following his arrest. He has been in the Metropolitan Detention Center since then
Mia Eisner-Grynberg (left) and Deirdre von Dornum (right) of the Federal Defenders of New York are pictured on April 14 outside court. On Thursday, they complained about the FBI’s questioning of James without following standard procedure
James is pictured seated with his lawyers in court on April 14
‘Contrary to standard practice, the government committed this intrusion absent advance notice to counsel, depriving us of an opportunity to be heard or to be present,’ his lawyers wrote.
‘Neither did the government provide subsequent notice to counsel.
‘The agents did not provide Mr James with a copy of the warrant or a receipt, in violation of Federal Rule of Criminal Procedure.’
Prosecutors from the Eastern District of New York have been given a week to explain.
James’s lawyers said they would ask the court to withdraw from file whatever statements he made in his Tuesday interview with the FBI.
They also asked the judge to order the government to turn over a copy of the affidavit that served as the basis for the search.
Prosecutors say James staged a premeditated attack when he shot ten people and injured others on the northbound N train at around 8.25am on April 12, during rush hour.
Frantic commuters were seen trying to run for the exits after a gunman opened fire at a Brooklyn subway station on Tuesday morning
One man was seen injured in the shooting as officers and a Good Samaritan tried to help him
James, dressed in a construction worker’s vest and helmet, donned a gas mask and rolled smoke grenades into the carriage before opening fire.
Videos from the scene showed hundreds of commuters frantically running for the exits as shots were fired.
A nearly 24-hour long manhunt for James then ensued, with the Bronx-born, Milwaukee-based suspect ultimately arrested while strolling down the street on April 13.
In court documents the next day, prosecutors detailed how more ammunition was found in James’ rented Philadelphia apartment, including an extended round magazine that was fit for a semi-automatic rifle. No such firearm has been found yet in connection with the suspect.
His 9mm handgun was found at the 36th Street subway station after the attack, along with spent shell casings, fireworks, and a key to his U-Haul.
Police also searched a storage unit in Philadelphia, where he was keeping more ammunition, a torch and a gun silencer.
James posted a series of rants online, taking to YouTube to rage against homeless people, Mayor Eric Adams and racism
James is being held without bail as investigators look into his hate-filled YouTube videos
There was a propane gas tank in the U-Haul when police swooped in on it hours after the attack.
James dumped the truck five miles from the 36th Street subway. He was filmed walking away.
James’ motive remains unknown.
James had a criminal history extending back to 1992, when he pleaded guilty to attempted petit larceny and was known to the FBI’s Guardian Program, which tracks terror threats and suspects, over an incident in New Mexico in 2019.
At the time, he was cleared of wrongdoing.
But in a YouTube video posted just one day before the attack, James said he wanted to harm people.
‘I can say I wanted to kill people. I wanted to watch people die,’ he said.
Other videos featured James ranting about discrimination and complaining about white people.
They are now being closely examined by law enforcement.
Mayor Eric Adams has suggested that it was the responsibility of YouTube to monitor the videos and report them.
‘There’s a corporate responsibility hen we are watching hate brew online,’ Adams said.
‘We can identify [hate] using artificial intelligence and other methods to identify those who are talking about violence.’
Critics accused Adams of passing the buck, noting that the surveillance cameras in the station were not working – allowing James to flee – and that NYPD failed to find him, despite his wandering around Manhattan for almost 24 hours after the attack and eventually calling the police himself.