NEW YORK- Defense attorneys say New York City subway attack suspect Frank James was improperly questioned this week.
James, who has ties to Milwaukee, said FBI agents entered his cell at Metropolitan Detention Center Brooklyn, questioned him, took multiple swabs of his DNA and directed him to sign certain documents.
The allegations were made public this afternoon in a new federal court filing.
Defense attorneys said the FBI’s practice risked violating James’ constitutional rights.
“”The government did not provide the underlying affidavit or any explanation for the deviation from standard procedure by failing to provide notice to counsel and an opportunity to be present,” the court filing said. “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.”
James is charged with federal terrorism charges after police say he set off a smoke bomb and opened fire on a subway car in Brooklyn earlier this month. Ten people were injured.
