NEW YORK (1010 WINS) -- Lawyers for Brooklyn mass shooting suspect Frank James reportedly claimed that the FBI violated his constitutional rights by taking a DNA sample without following proper procedure.
In a letter to the court Thursday, the lawyers claimed FBI agents entered James’ cell, questioned him and took multiple swabs of his inner cheeks for DNA but didn’t let them know beforehand, Bloomberg reported.
The FBI had a warrant, but “because government failed to provide notice to counsel before questioning and searching Mr. James, their practice risked violations of Mr. James’s core constitutional rights,” wrote Mia Eisner-Grynberg, a lawyer from the Federal Defenders office, according to the report.
Eisner-Grynberg reportedly said the defense may move to have the evidence suppressed as it will be more difficult for them to challenge the validity of the sampling given that they weren’t there to witness it.
James' lawyers said authorities already took a sample of his DNA when he was arrested on April 13 and that the latest one may have been “an invasion of cherished personal security.”
The judge gave prosecutors until May 3 to respond to the defense's letter and provide any supporting affidavit submitted for the warrant.
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 allege James, 62, is the man who unleashed smoke bombs and dozens of bullets on a crowded N train near the 36th Street station in Sunset Park on the morning of April 12.
Ten people were wounded by gunfire and 19 more suffered other injuries in the shooting. The victims, who ranged in age from 16 to 60, all survived.
James was arrested in the East Village the following day after he called the NYPD’s Crime Stoppers tip line and said he was at a McDonald’s there, police said.
James was charged with a federal terrorism offense that applies to attacks on mass transit systems. Prosecutors said the “attack was premeditated, was carefully planned and it caused terror among the victims and our entire city.”
The Associated Press contributed to this report.
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