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and they claim he could carry out more attacks because he had ammunition and other gun-related items in a storage unit in philadelphia. but his court-appointed defense attorney argued against a rush to judgment and said james should be credited for seeing his photo on the news and calling crime stoppers himself, telling police where they could find him. and we have learned that four of his alleged victims remain in the hospital tonight, though the most seriously injured have been released. abc's janai norman leads us off in brooklyn once again for us tonight. >> reporter: frank james appearing today before a federal judge in brooklyn, 48 hours after allegedly unleashing carnage and mayhem on a rush hour subway train. prosecutors calling the attack "entirely premeditated," and "carefully planned," saying it "caused terror among the victims and our entire city." james now represented by public defenders. >> we are all still learning about what happened on that train and we caution against a rush to judgment. what we do know is this. yesterday, mr. james saw his photograph on the news.