Brooklyn Subway Shooter’s Attorneys Accuses FBI Of Violating Suspect’s Constitutional Rights

Attorneys for the New York City subway shooting suspect filed court documents that accused FBI agents of violating the gunman’s constitutional rights.

Frank James, 62, has been accused of setting off a smoke grenade before opening gunfire as a Manhattan-bound N train approached the 36th Street station in Sunset Park, Brooklyn. The shooting, which occurred on ​​April 12, left 10 people with gunshot wounds.

On Thursday, James’ attorneys, Mia Eisner-Grynberg and Deirdre D. von Dornum, sent a letter to the court accusing FBI agents of entering James’ cell at the Metropolitan Detention Center in Brooklyn on Tuesday and improperly searching and questioning their client.

In the filing, the lawyers claimed the federal agents “questioned him, took multiple buccal swabs of his DNA, and directed him to sign certain documents,” without notifying his legal team.

“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. Neither did the government provide subsequent notice to counsel,” the letter stated.

“The agents did not provide Mr. James with a copy of the warrant or a receipt, in violation of Federal Rule of Criminal Procedure.”

James’ lawyers claimed didn’t receive a copy of the warrant until he told them about the search and they asked for one.

“It is the standard practice in this District that when the government obtains a search warrant for buccal swabs from a represented, post-arraignment defendant, the government informs counsel of same before its execution, and offers an opportunity to be present,” the attorneys noted.

“This serves as a safeguard to protect the rights of represented defendants. Here, because the government failed to provide notice to counsel before questioning and searching Mr. James, their practice risked violations of Mr. James’score constitutional rights under the Fourth, Fifth and Sixth Amendments.”

James’ lawyers are asking the court to order the government to hand over the affidavit for the search warrant so they can file to suppress whatever evidence agents collected earlier in the week.