Federal prosecutors filed a motion opposing the call by James' appointed counsel, the Federal Defenders of New York, to strike from the record an interview the alleged attacker gave investigators at the 9th precinct soon after his arrest.
he gave police soon after his arrest, where he voluntarily told cops he was a passenger on the train where the attack took place.
James’ lawyers say the potentially incriminating statement, where the suspect places himself at the scene of the crime, is inadmissible evidence for James’ upcoming trial — scheduled to start Feb. 27, 2023 — because he had not yet been read his Miranda rights to remain silent and to an attorney. James repeatedly demanded the presence of a lawyer during the interrogation.
Investigators later Mirandized James and asked him further questions. But prosecutors say they only intend to introduce the 4 minutes of interrogation pre-Miranda as evidence at trial.File Photo by Lloyd Mitchellincluding terrorism in connection to the mass shooting at the 36th Street subway station on April 12, which resulted in injuries to 29 straphangers, including 10 by gunshot wounds. He could face the rest of his life in prison if found guilty.
After being taken to the hospital, the witness told police and federal agents that a man matching James’ description had warned him from sitting in the adjacent seat due to the presence of “piss.” The man was wearing an orange vest and had a suitcase and bag with him. The man yelled “oh, s**t” as a smoke canister fell to the floor and caused the car to fog up.
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