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====Removal of Kunstler and Kuby==== On September 20, 1994, Kunstler and Kuby filed notice that they would pursue an [[insanity defense]] despite the objections of their client. Ferguson continued to claim he was not involved in the shootings and proposed defending himself during the trial.<ref name="McQuiston0920" /> In the following months, Ferguson sent Judge Belfi several letters regarding disputes between Ferguson, Kunstler and Kuby. Ferguson claimed in the letters that he was not insane, and rejected Kunstler's and Kuby's "black rage" defense. Although George Peck argued the letters proved Ferguson was able to understand the charges against him and was actively participating in his defense, Kuby argued the letters only further demonstrated Ferguson's confused state of mind. On November 11, Ferguson agreed he would stop resisting efforts to meet with a court-appointed psychiatrist. As a result, Judge Belfi agreed to hold a third hearing as to whether Ferguson was mentally competent to stand trial.<ref name="McQuiston1111" /> On December 10, 1994, Judge Belfi ruled Ferguson was competent to stand trial. Belfi said he based his decision in part on his conversations with Ferguson in the courtroom, including Ferguson's concern over Governor Pataki's promise to sign a death-penalty bill. Belfi strongly advised Ferguson against defending himself, but Ferguson said he intended to do so anyway. Kuby said of the decision, "What we will have now is a complete circus. A crazy man cannot defend himself. Mr. Ferguson, evidence to the contrary, believes he is not guilty and that someone else killed all those people aboard the train." Kuby continued, "Without a psychiatric defense, Ferguson has no defense. There was no doubt that he was there, that he fired the weapon, that he would have fired it more had he not been wrestled to the ground. There is no doubt that Colin Ferguson, if sane, was guilty."<ref>{{Cite news |last=McQuiston |first=John T. |title=Suspect in L.I.R.R. Killings Ruled Competent for Trial |work=The New York Times |date=December 10, 1994 |url=https://www.nytimes.com/1994/12/10/nyregion/suspect-in-lirr-killings-ruled-competent-for-trial.html |url-access=limited |access-date=November 11, 2009}}</ref>
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