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NYC subway suspect protection: FBI improperly collected proof

Defense attorneys say New York City subway assault suspect Frank James was improperly questioned this week.James, 62, of Milwaukee, mentioned FBI brokers entered his cell at Metropolitan Detention Center Brooklyn, questioned him, took a number of swabs of his DNA and directed him to signal sure paperwork.The allegations got here to mild Thursday in a brand new federal courtroom submitting.”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 agents did not provide Mr. James with a copy of the warrant or a receipt, in violation of Federal Rule of Criminal Procedure 41(f)(1)(C),” protection attorneys mentioned of their submitting.The doc additionally mentioned they have been solely supplied with a search warrant after they requested it.”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 courtroom submitting mentioned. “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. This serves as a safeguard to protect the rights of represented defendants.”Defense attorneys mentioned the FBI’s follow risked violating James’ constitutional rights. Prosecutors have filed federal terrorism prices in opposition to James.Police mentioned he set off a smoke gadget and opened hearth on a subway automobile in Brooklyn earlier this month.Ten individuals have been injured.James’ motive stays unclear. If convicted, he faces as much as life in jail.

Defense attorneys say New York City subway assault suspect Frank James was improperly questioned this week.

James, 62, of Milwaukee, mentioned FBI brokers entered his cell at Metropolitan Detention Center Brooklyn, questioned him, took a number of swabs of his DNA and directed him to signal sure paperwork.

The allegations got here to mild Thursday in a brand new federal courtroom submitting.

“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 agents did not provide Mr. James with a copy of the warrant or a receipt, in violation of Federal Rule of Criminal Procedure 41(f)(1)(C),” protection attorneys mentioned of their submitting.

The doc additionally mentioned they have been solely supplied with a search warrant after they requested it.

“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 courtroom submitting mentioned. “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. This serves as a safeguard to protect the rights of represented defendants.”

Defense attorneys mentioned the FBI’s follow risked violating James’ constitutional rights.

Prosecutors have filed federal terrorism prices in opposition to James.

Police mentioned he set off a smoke gadget and opened hearth on a subway automobile in Brooklyn earlier this month.

Ten individuals have been injured.

James’ motive stays unclear.

If convicted, he faces as much as life in jail.



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