Frank James' attorneys said federal agents improperly questioned him in his jail cell, directing him to sign certain documents and taking multiple swabs of his DNA.
A man shot by the gunman on a Brooklyn subway train is speaking out, describing his harrowing ordeal. Lauren Glassberg has the story.
On Tuesday, without alerting his lawyers, FBI agents entered his cell at the Metropolitan Detention Center in Brooklyn,"questioned him, took multiple buccal swabs of his DNA, and directed him to sign certain documents," according to a letter to the court from Mia Eisner-Grynberg and Deirdre von Dornum, of the Federal Defenders of New York.
They said it was 12 days after they were appointed legal counsel by the court, and they received no advance notice of the FBI's intentions. "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," the letter read."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."
The attorneys said the government failed to explain why it deviated from standard procedure and only provided a copy of a search warrant when the attorneys asked after the fact.
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