After judge's order, alleged Brooklyn subway shooter Frank James appears in court

Accused Brooklyn mass subway shooter Frank James caused a stir Wednesday when he allegedly told jailers he wouldn't attend a hearing, and an angry judge ordered federal marshals to use “reasonable force” to bring him. 

“This is not a high school prom invitation … this is not a dress rehearsal, this is real life,” said Brooklyn federal judge William Kuntz II when alerted that James declined to leave the nearby federal jail for the routine pretrial conference.

Kuntz said he was not taking James’ refusal lightly and adjourned the case until the defendant, in the custody of federal marshals, showed up more than two hours later.

Once James was in court, his defense attorneys explained that he didn’t refuse to attend but had reported to the marshals that he was feeling ill. Ultimately, no force had to be used and James showed up willingly, said his court-appointed attorney Mia Eisner-Grynberg, adding that her client assured the judge he meant no disrespect.

James was charged earlier this year under federal terrorism laws with the April 12 shooting of 10 passengers during morning rush hour on an N train in Brooklyn and the resulting injury of 20 others in the pandemonium that followed. Police arrested James, a sometimes resident of Philadelphia, the next day after alert members of the public spotted him on the streets of East Greenwich Village in Manhattan.

Police said James used a 9 mm Glock handgun in the shooting and detectives later discovered a van he was using in Brooklyn stocked with ammunition and a propane tank.

Wednesday, Kuntz shot down a defense request to delay the Feb. 27, 2023 trial date for two months. The defense had sought the delay to see if a federal appeals court would rule on an issue in a different case, the outcome of which could affect the minimum and maximum sentences James would face if convicted. Eisner-Grynberg said that if the defense had clarity on the sentencing issue, it would help in plea negotiations with the government.

But Assistant U.S. Attorney Sara K. Winik said it would be impossible to predict when the appeals court would rule and even whether a final ruling would address the particular sentencing issue.

Kuntz apparently agreed with Winik, and said his court couldn’t be held hostage by appeals court rulings that could take many months and delay a case of major public interest.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.