Lawyers for the man accused of shooting dead 10 people on a Brooklyn subway have accused the FBI of violating his rights in their interviews with him.
Frank James, 62, is accused of carrying out a violent attack on a mass transit vehicle following the April 12 attack. If convicted, he faces life imprisonment.
James was arrested on April 13 and is currently being held without bail at the Metropolitan Detention Center in Brooklyn, and James’ attorneys allege that FBI agents entered his cell Tuesday and questioned him without following due process.
Mia Eisner-Grynberg and Deirdre von Dornum of the New York Federal Defenders filed a complaint Thursday, claiming the FBI broke into James’ cell to question them without alerting them before or after.
They also swabbed the inside of his mouth for DNA, had him sign documents, and gave James no receipt for the interaction.
Frank James is seen on April 13, immediately after his arrest. Since then he has been in the Metropolitan Detention Center
Mia Eisner-Grynberg (left) and Deirdre von Dornum (right) of the Federal Defenders of New York are pictured in court April 14. On Thursday, they complained about the FBI’s interrogation of James without following standard procedure
James is in court on April 14 with his lawyers
“Contrary to current practice, the government committed this interference without prior notification of counsel, thereby depriving us of an opportunity to be heard or to be present,” his lawyers wrote.
“Even the government has not subsequently notified the legal counsel.
“The agents did not provide Mr. James with a copy of the warrant or a receipt, in violation of the Federal Code of Criminal Procedure.”
Prosecutors for the Eastern District of New York have a week to explain themselves.
James’ attorneys said they would ask the court to withdraw from the case all statements he made in Tuesday’s 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 and killed 10 people and injured others on the northbound N train at around 8:25am during rush hour on April 12.
Frantic commuters were seen trying to run for the exits after a gunman opened fire at a Brooklyn subway station on Tuesday morning
A man was seen injured in the shooting as officers and a Good Samaritan tried to help him
James, wearing a construction worker’s vest and helmet, donned a gas mask and rolled smoke grenades into the train car before opening fire.
Videos from the scene showed hundreds of commuters frantically running towards the exits as gunfire was fired.
A nearly 24-hour manhunt for James ensued, during which the Bronx-born, Milwaukee-based suspect was finally arrested as he was strolling down the street on April 13.
In court documents the next day, prosecutors detailed how more ammunition was found at James’s Philadelphia rented apartment, including an extended round magazine fit for a semi-automatic rifle. So far, no such firearm has been found in connection with the suspect.
His 9mm pistol was found after the attack at the 36th Street subway station along with spent bullet casings, firecrackers and a key to his U-Haul.
Police also searched a storage unit in Philadelphia where he kept more ammo, a flashlight and a silencer.
James has posted a series of rants online and raged on YouTube against the homeless, Mayor Eric Adams and racism
James is being held without bail while investigators examine his hateful YouTube videos
A propane tank was inside the U-Haul when police stumbled upon it hours after the attack.
James parked the truck five miles from the 36th Street subway. He was filmed leaving.
James’ motive remains unknown.
James had a criminal history dating back to 1992 when he pleaded guilty to attempted petty larceny and was known to the FBI’s Guardian program, which tracks terror threats and suspects in a 2019 New Mexico incident.
At that time he was acquitted of wrongdoing.
But in a YouTube video posted just a day before the attack, James said he wanted to harm people.
“I can say that I wanted to kill people. I wanted to see people die,” he said.
In other videos, James railed against discrimination and complained about white people.
They are now under close scrutiny by law enforcement agencies.
Mayor Eric Adams has suggested that it is YouTube’s responsibility to monitor and report the videos.
“There is a corporate responsibility as we watch hate brewing online,” Adams said.
“We can identify [hate] Using artificial intelligence and other methods to identify those speaking out about violence.”
Critics accused Adams of passing the buck, noting that the surveillance cameras at the station weren’t working – allowing James to escape – and that the NYPD couldn’t find him, despite wandering around Manhattan for nearly 24 hours after the attack and finally called the police himself.