NEW YORK — FBI agents may have violated the rights of accused subway shooter Frank James by taking multiple DNA samples from him this week without first contacting his lawyers, the lawyers complain in a court filing.
Attorneys for James, held without bail since his April 13 arrest for the stunning explosion of gunfire on a morning rush hour train where 10 people were shot, argue in Brooklyn Federal Court that standard practice required them to be notified beforehand.
“By depriving counsel of the ability to be present to witness the procedure, as occurs routinely, they lessened Mr. James’ ability to later challenge the validity of of the physical taking of the sample,” the attorneys wrote.
“Because the government failed to provide notice to counsel before questioning and searching Mr. James, their practice risked violations of Mr. James’ core constitutional rights.”
Authorities had already taken the accused shooter’s DNA after his Manhattan arrest on April 13.
A spokesman for the Brooklyn U.S. Attorney declined comment on the filing lawyers made two days after the Tuesday FBI visit.
The defense lawyers said the agents questioned James, took multiple DNA swabs and directed him to sign unspecified documents without providing “any explanation for the deviation from standard procedure.”
The 62-year-old James arrived in Brooklyn in the early morning hours of April 12 before boarding a train, setting off a smoke bomb and opening fire. He was on the run for two days until he was taken into custody in Manhattan.
