Accused subway shooter Frank James claims he won’t get fair trial in NYC

Accused subway shooter Frank James wants his upcoming terrorism trial moved to Illinois — because he claims he won’t be able to get an impartial jury in Brooklyn, according to a recent court filing

Attorneys for James, who allegedly opened fire on a crowded rush-hour train in April, argued his name has been “saturated” in the media by newspapers and elected officials since — and continues to be used in political advertisements.

“Mr. Frank James cannot receive a fair trial in the Eastern District of New York,” states the memo filed Monday.

In the days after his arrest, James was referred to repeatedly in the press as a “terrorist” and other derogatory names that assumed his guilt, the lawyers whined. 

The 62-year-old suspect was the subject of a 30-hour manhunt after he sparked terror on a packed Manhattan-bound N train. He allegedly detonated smoke grenades as the train passed through a tunnel underneath Sunset Park and then fired 33 shots, striking 10 people and injuring a total of 29.

“News articles following Mr. James’s arrest referred to him as a ‘terrorist,’… a ‘maniac,’ … ‘deranged loner,’ … ‘crazed,’ … a ‘raving madman,’ … ‘unhinged,’ … and a ‘nihilist, obsessed with killing and hatred,'” his attorneys wrote.

The filing goes on to cite a plethora of New York Post articles, including a front page that showed a photo of James above the headline “Smirking Terrorist.” 

The lawyers also took issue with the New York City Emergency Management system sending out an alert to the phones of Big Apple residents that named James as a suspect in the shooting, claiming this could further prejudice jurors against their client.

“In their hunt for and capture of the perpetrator of the mass shootings on the subway, New York City government officials consistently send the prospective jury a single message: Frank James is guilty,” they wrote. 

In the months since his arrest, the media attention on James has diminished but footage of the crime scene has been used in political ads by both Democrats and Republicans to blame their opponents for subway violence, the filing states.

James was hit with federal charges after his arrest, including a terrorism charge for attacking a mass transit system. 

His trial in Brooklyn federal court is due to begin in 2023.

Prosecutors have not yet responded the request to move the trial to Illinois.