NEW YORK (1010 WINS) — The man who allegedly set off smoke bombs and shot 10 people on a busy N train as it approached a Brooklyn station in April refused to come to federal court Wednesday, spurring the judge to order the United States Marshals Service to bring him in by force.
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One of Frank James' federal defenders apologized to Judge William Kuntz, adding that the accused 63-year-old gunman locked up at Brooklyn's Metropolitan Detention Center "wasn't feeling well," the Daily News reported.
Kurtz slammed the justification, saying his court appearance "isn't a high school prom invitation" and that there "is an order of the court to be here."
"It is not his call whether he quote-unquote elects to be here. ... I’m not tolerating that," the judge continued. "I am not tolerating it."
U.S. Marshals were then told to "use all necessary force" to bring James forward, and Kurtz then adjourned his case until he showed up.
"I will tell him that this is not, as my pastor says, a dress rehearsal. This is real life," Kuntz added. "This is what we do in every single case. This is a United States District Court."
According to the report, James finally arrived two hours later, accompanied by three marshals, and sat silently between his two federal defenders.
"At the onset, Mr. James wishes to apologize for what happened this morning," one of the attorneys, Mia Eisner-Grynberg, told Kurtz. "He told the marshals at the MDC that he was not feeling well. He has been dealing with some significant medical issues and it was a particularly difficult day."
Eisner-Grynberg said that when the marshals showed up at the jail to bring James in, "no force was required."
"It’s not going to happen again," she added.
The judge responded with "no problem," and the hearing continued.
James was arrested on April 13, about 30 hours after authorities say he drove from Philadelphia and unleashed smoke bombs and dozens of bullets on a train full of morning commuters as it approached the 36th St. station in Sunset Park.
The shooting victims, who range in age from 16 to 60, all survived.
James is charged with committing a terrorist attack or other violence against a mass transportation system and discharging a firearm during a violent crime.
Both counts carry a maximum sentence of life in prison. The weapons count has a 10-year mandatory minimum sentence. He faces a trial starting next Feb. 27.
Eisner-Grynberg reportedly tried to have that date pushed back by two months, claiming his defense team needs more time to review the roughly 15,000 items it obtained from the government through the discovery procedure.
The lawyer also said that pending cases before the U.S. Court of Appeals for the 2nd Circuit could affect the minimum and maximum sentence that James faces and urged for the extension in case the higher court returns with its ruling in the coming months.
Kuntz rejected that request, adding that the case cannot be "held hostage by the timeline of the Circuit Court of Appeals, or the Supreme Court."
James, who has pleaded not guilty, is slated to appear in court again in December.
The Associated Press contributed to this report.
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