In a letter to U.S. Attorney General Roan L. Mann, Federal Public Defender Mia Eisner-Greenberg said FBI agents broke into Frank James’ cell at the Brooklyn Detention Center on Tuesday and took a number of oral DNA swabs.
Agents also asked him questions and made him sign several documents, according to the letter.
The FBI declined to comment, as did the U.S. Attorney General for New York’s Eastern District, where James was charged.
James, 62, has not been charged with violating a law banning terrorist and violent attacks on public transport.
Eisner-Greenberg writes that neither she nor the other lawyers representing James were informed in advance that the FBI was taking his DNA samples.
“Contrary to standard practice, the government carried out this raid without notifying the lawyer in advance, which deprived us of the opportunity to be heard or to be present. The government also did not provide subsequent notification to the lawyer,” Eisner-Greenberg said in the letter.
Eisner-Greenberg, who declined to comment on the letter, wrote that the lawyers found out about what happened to James and had to ask the FBI for copies of what he signed.
According to Eisner-Greenberg, the lawyers received a copy of the search warrant after it was carried out.
“The standard practice in this county is that when the government receives an order to search a buccaneer [oral] “The government informed the lawyer about the same before the accusation and offered the opportunity to be present,” she wrote in the letter.
“This serves as a precautionary measure to protect the rights of represented defendants. Here, as the Government did not inform the lawyer before the interrogation and search of Mr James, their practice risks violating Mr James’ fundamental constitutional rights under the Fourth, Fifth and Sixth Amendments. “
According to the letter, Eisner-Greenberg wants all kinds of documents related to the search warrant, copies of everything James signed, and the amount and content of all the statements he made.
Add Comment