NYC subway shooting suspect Frank James sorry over missed court date; ‘Not a high school prom invitation,’ fumes Brooklyn judge
A man jailed on charges he fired 33 bullets in a crowded N train in April refused to show up for his appearance in Brooklyn Federal Court on Wednesday — so the judge in his case ordered he be brought in by force.
It turned out no force was needed. Accused subway shooter Frank James was brought to the courtroom by U.S. marshals, and his lawyer apologized on his behalf, explaining that he wasn’t feeling well.
James, 63, is locked up in the Metropolitan Detention Center in Brooklyn, and Judge William Kuntz was not pleased about his decision to not show up for court.
“This isn’t a high school prom invitation. This is an order of the court to be here,” Kuntz fumed. “It is not his call whether he quote-unquote elects to be here. ... I’m not tolerating that. I am not tolerating it.”
Kuntz ordered U.S. marshals to “use all necessary force” to produce James, and adjourned his case until he arrived.
“I will tell him that this is not, as my pastor says, a dress rehearsal. This is real life,” Kuntz said. “This is what we do in every single case. This is a United States District Court.”
About two hours later, James was in Kuntz’s courtroom, accompanied by a trio of marshals. He sat silently between his two Federal Defenders lawyers.
“At the onset, Mr. James wishes to apologize for what happened this morning,” one of the lawyers, Mia Eisner-Grynberg, told the judge. “He told the marshals at the MDC [Metropolitan Detention Center] that he was not feeling well. He has been dealing with some significant medical issues and it was a particularly difficult day.”
When the marshals returned to retrieve him, he came willingly, Eisner-Grynberg said.
“No force was required,” said the lawyer. “It’s not going to happen again.”
That explanation and apology was enough for Kuntz. “Well, no problem,” the judge said as he moved on with the rest of the hearing.
James is accused of boarding a rush-hour train on April 12, setting off a smoke bomb and firing a gun several times as it approached the 36th St. station in Sunset Park.
Ten passengers were shot. All of them survived their wounds.
He is charged with committing a terrorist attack on a mass transit system and discharging a firearm during a crime of violence, and faces a trial starting Feb. 27 of next year
Eisner-Grynberg tried to have that date pushed back two months, arguing that the defense team needs more time to go through roughly 15,000 items it received from the government through the discovery process.
She also contended that a case before the U.S. Court of Appeals for the 2nd Circuit might factor into the minimum and maximum sentence James faces, and asked for the extra time in case the higher court comes back with its ruling in the coming months.
Kuntz denied that request, though. “We cannot have this case being held hostage by the timeline of the circuit Court of Appeals, or the Supreme Court,” he said.
James’ next court appearance is scheduled for December.
