Alleged NYC Subway Shooter Wants Case Moved To Chicago In Order To Receive Fair Trial

Law enforcement officials lead subway shooting suspect Frank R. James, 62, away from a police station and into a vehicle in New York on April 13, 2022.
Law enforcement officials lead subway shooting suspect Frank R. James, 62, away from a police station and into a vehicle in New York on April 13, 2022.

The suspect who allegedly opened fire on a subway train in New York City is requesting to have his trial moved out of state. The legal team for Frank James, the man accused of being behind the April shooting, insists that the case be moved to Chicago.

The memorandum, which is more than 200 pages long, states that the constant media coverage as well as Mayor Eric Adams repeating that officers eventually “got” James will make it nearly impossible to find jurors who aren’t already tainted.

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The introduction reads:

“Mr. Frank James cannot receive a fair trial in the Eastern District of New York. Prospective jurors in the Eastern District of New York have significantly prejudged Mr. James’s guilt, admit that they will vote “guilty” if serving on his jury without having heard a single witness, and are decidedly more hostile toward him than prospective jurors in a demographically comparable District. Pervasive pretrial publicity has fomented prejudice against Mr. James. Together, these factors warrant a presumption of prejudice, preventing the empanelment of an impartial jury. Therefore, to protect his Fifth and Sixth Amendment rights to a fair trial before an impartial jury, and pursuant to Federal Rule of Criminal Procedure 21(a), Mr. James respectfully requests that this Court transfer his case to the Eastern Division of the Northern District of Chicago, or another appropriate District.”

James is accused of firing 33 shots on a Brooklyn subway that resulted in 29 people being injured (10 people were left with gunshot wounds). In May, he pleaded not guilty to federal terrorism charges. If convicted, James would face a maximum of life in prison.

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