Lawyers spar over DNA swab on suspect in NYC subway shooting

Apr 28, 2022, 5:43 AM | Updated: 5:50 pm
FILE - Law enforcement officials lead subway shooting suspect Frank R. James, 62, away from a polic...

FILE - Law enforcement officials lead subway shooting suspect Frank R. James, 62, away from a police station and into a vehicle in New York on April 13, 2022. Defense attorneys claimed in a court filing Thursday, April 28, 2022, that agents unexpectedly and improperly took DNA samples from James, who allegedly wounded 10 people when he opened fire inside a crowded Brooklyn subway car (AP Photo/John Minchillo, File)

(AP Photo/John Minchillo, File)

NEW YORK (AP) — Two weeks after a man was accused of terrorizing the New York City subway system, prosecutors and his defense attorneys are sparring over an FBI jailhouse visit to the suspect.

Defense attorneys claimed in a court filing Thursday that agents unexpectedly and improperly took DNA samples from Frank James, who allegedly wounded 10 people when he opened fire inside a crowded Brooklyn subway car.

Papers filed in Brooklyn federal court claimed FBI agents entered James’ cell, questioned him and took multiple swabs of his inner cheeks for DNA. The defense lawyers also suggested the agents didn’t have a search warrant.

“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 lawyers wrote. They said the search took place Tuesday.

Later Thursday, prosecutors responded by calling the claims “hyperbole.” They said no questioning took place and that the “DNA was obtained pursuant to a judicially authorized search warrant” that could have been known about in advance.

Authorities say James unleashed smoke bombs and dozens of bullets on April 12 in a train full of morning commuters. Several people were injured, but no one was killed.

James, 62, is charged with a federal terrorism offense that applies to attacks on mass transit systems. Authorities say there’s currently no evidence linking James to terror organizations, leaving his motives murky.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Secretary of Homeland Security Alejandro Mayorkas, speaks during a Senate Appropriations sub...
Associated Press

US expands, extends Myanmar immigration status to May 2024

MINNEAPOLIS (AP) — The Biden administration said Monday it is expanding and extending temporary legal status in the United States for several thousand people from Myanmar after a military coup last year in the Asian country. The decision extends Temporary Protected Status for 18 months for an estimated 970 people of Myanmar until May 25, […]
15 hours ago
FILE - President Joe Biden speaks about student loan debt forgiveness in the Roosevelt Room of the ...
Associated Press

CBO: Biden’s student debt plan would cost $400 billion

President Joe Biden’s plan for student debt cancellation will cost the federal government about $400 billion over the next 30 years, according to new estimates from the Congressional Budget Office. The figures were released Monday in response to a request from Republican lawmakers who oppose Biden’s plan in large part because of its costs. They […]
15 hours ago
FILE - This undated photo provided by the U.S. Marshals Service shows Leonard Francis, who was on h...
Associated Press

Navy bribery fugitive ‘Fat Leonard’ seeks Venezuelan asylum

SAN DIEGO (AP) — The fugitive defense contractor nicknamed “Fat Leonard” who orchestrated a huge bribery scheme involving dozens of U.S. Navy officials, has requested asylum in Venezuela, a law enforcement official said Monday, nearly a week after he was captured in the South American country. Leonard Glenn Francis slipped away from house arrest in […]
15 hours ago
Associated Press

Shooting suspect believed to be on run with his daughter, 15

FONTANA, Calif. (AP) — A Southern California woman was shot to death Monday in a domestic violence incident and police said the suspect is a man believed to be on the run with his 15-year-old daughter. Officers responding around 7:30 a.m. to reports of gunfire found the victim with multiple gunshot wounds at a home […]
15 hours ago
Associated Press

2nd fatal shooting in 2 days with deputies in SC county

SUMTER, S.C. (AP) — For the second straight day, deputies in a South Carolina county have been involved in a fatal shooting. Sumter County deputies were checking on a possible hostage situation Monday near Rembert when a suspect was shot and killed, authorities told news outlets. State agents are investigating the circumstances that led to […]
15 hours ago
Associated Press

Tronox, Best Buy fall; Wynn Resorts, PG&E rise

NEW YORK (AP) — Stocks that traded heavily or had substantial price changes Monday: Wynn Resorts Ltd., up $7.15 to $66.80. The casino operator gained ground on reports that the gambling haven of Macao will ease some travel restrictions starting in November. Atlas Corp., up 43 cents to $13.95. A consortium of companies raised its […]
15 hours ago

Sponsored Articles

Anacortes Christmas Tree...

Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!

Come celebrate Anacortes’ 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
Swedish Cyberknife Treatment...

The revolutionary treatment of Swedish CyberKnife provides better quality of life for majority of patients

There are a wide variety of treatments options available for men with prostate cancer. One of the most technologically advanced treatment options in the Pacific Northwest is Stereotactic Body Radiation Therapy using the CyberKnife platform at Swedish Medical Center.
Work at Zum Services...

Seattle Public Schools announces three-year contract with Zum

Seattle Public Schools just announced a three-year contract with a brand-new company to the Pacific Northwest to assist with their student transportation: Zum.
Swedish Cyberknife 900x506...

June is Men’s Health Month: Here’s Why It’s Important To Speak About Your Health

According to the Centers for Disease Control and Prevention, men in the United States, on average, die five years earlier than women.
...

Anacortes – A Must Visit Summertime Destination

While Anacortes is certainly on the way to the San Juan Islands (SJI), it is not just a destination to get to the ferry… Anacortes is a destination in and of itself!
...

Ready for your 2022 Alaskan Adventure with Celebrity Cruises?

Celebrity Cruises SPONSORED — A round-trip Alaska cruise from Seattle is an amazing treat for you and a loved one. Not only are you able to see and explore some of the most incredible and visually appealing natural sights on the planet, but you’re also able to relax and re-energize while aboard a luxury cruise […]
Lawyers spar over DNA swab on suspect in NYC subway shooting