Frank James claimed he was passenger, not shooter, in NYC subway attack

Accused subway shooter Frank James tried to play dumb and declare he was simply one other passenger on the practice when officers and FBI brokers questioned him after his arrest, in accordance with a brand new courtroom submitting within the Jap District of New York.

The questioning got here after James, 63, was arrested for boarding a rush-hour practice on April 12, setting off a smoke bomb and firing a gun 33 times because it approached the thirty sixth St. station in Sundown Park, Brooklyn.

Ten individuals have been hit, however miraculously, nobody died.

A FBI agent requested James if he had weapons wherever else within the metropolis or one thing that would put town in hurt’s means or “that slightly child can seize and damage somebody [with]” prosecutors mentioned, in accordance with Monday’s submitting.

“I do not know what you’re speaking about in any respect,” James responded. “See, I used to be on the practice. I used to be on the practice.”

James is charged with committing a terrorist attack on a mass transit system and discharging a firearm throughout a criminal offense of violence, and faces a trial beginning Feb. 27, 2023.

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James’ protection crew is asking the decide to toss out James’ statements to the police, contending that he repeatedly requested for a lawyer after his arrest, together with statements from practice victims who described the attacker’s look.

Prosecutors, nevertheless, argue the “slender” line of questioning was solely for the aim of public security and that they don’t plan to submit any of James’ statements made after he was learn his Miranda rights — and that the primary 4 minutes of his interview are sufficient to safe a responsible verdict.

In addition they argued James ought to stand trial within the borough the place he’s accused of capturing up the rush-hour practice.

James final month requested Brooklyn federal Courtroom Choose William Kuntz to vary his trial venue to Chicago or one other metropolis, arguing that he can’t get a good shake within the Massive Apple due to the extraordinary media protection of the capturing.

James’ Federal Defenders legal professionals mentioned in a movement that the continuous media protection, a mass textual content to New Yorkers naming him as a suspect and a press convention by which Mayor Adams repeatedly proclaimed, “We got him,” makes it unattainable for his or her consumer to get neutral jurors.

The Federal Defenders employed a D.C.-based polling agency to survey 400 eligible jurors within the Brooklyn Federal Courtroom jurisdiction, and one other 400 in Chicago. The protection contends 57% of individuals within the Brooklyn jury pool already consider James is responsible, in comparison with 38% of these surveyed in Chicago.

His protection crew can be seeking to have the costs towards him tossed, arguing that federal terrorism regulation “limits its attain to acts dedicated on specified property used to assist the operation of the subways, which doesn’t embrace subway automobiles themselves.”

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