“FBI agents entered his cell at MDC Brooklyn, questioned him, took multiple buccal swabs of his DNA, and directed him to sign certain documents,” his federal defenders wrote to Judge Roanne Mann, referring to the Metropolitan Detention Center, a federal holding facility. “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, Mia Eisner-Grynberg and Deirdre von Dornum, also alleged that the FBI violated federal criminal procedure.
“Because the government failed to provide notice to counsel before questioning and searching Mr. James, their practice risked violations of Mr. James’s core constitutional rights under the Fourth, Fifth and Sixth Amendments,” het hulle geskryf. “Using a swab on a person’s inner cheek in order to obtain DNA evidence is a search subject to constitutional scrutiny.”
James is accused of throwing smoke grenades and opening fire on a crowded N train in Sunset Park on April 12. He allegedly shot 10 people and injured more than two dozen before sneaking off into the streets of New York. All of the victims survived.