Editing Long Island Rail Road shooting (section)

===Pre-trial===

====Early court appearances====
Anthony J. Falanga was appointed Ferguson's attorney on December 11, 1993. Falanga called for his client to receive a psychiatric evaluation. Under New York state law, an [[insanity defense]] would require Ferguson's lawyers to prove he suffered from a mental disease or defect and, as a result, could not tell whether his actions were right or wrong. At the time, lawyers and mental health experts said such a defense would be difficult because Ferguson appeared to have carefully planned the attacks, and because he said, "oh God, what did I do" after he was stopped. Media outlets and legal experts at the time speculated a defense could argue Ferguson suffered from [[paranoia]], particularly based on his history of irrational racism allegations and claims that whites were discriminating against him.<ref name="Rabinovitz1211" /> Ferguson was placed on suicide watch in the Nassau County Jail.<ref name="Rabinovitz1214">{{Cite news |last=Rabinovitz |first=Jonathan |title=Sadness and Hope for Family of Victims of Train Shooting |date=December 14, 1993 |work=The New York Times |url=https://www.nytimes.com/1993/12/14/nyregion/sadness-and-hope-for-family-of-victims-of-train-shooting.html |url-access=limited |access-date=November 7, 2009}}</ref>

On December 18, 1993 Ferguson asked a judge to let him replace Falanga with Colin A. Moore, a Brooklyn-based attorney with a reputation for pursuing allegations of racism in the criminal justice system. Moore offered to represent Ferguson [[Pro bono publico|pro bono]]. Before a ruling was made on the request, Moore held a press conference announcing he would seek a change of venue to Brooklyn, claiming it was impossible for Ferguson to receive a fair trial in a Nassau court due to a "severe underrepresentation of African-Americans on the Nassau County jury panel."<ref name="Rabinovitz1218" /> Later, Moore withdrew his offer to represent Ferguson, citing conflicts he did not explain.<ref>{{cite news |last=Rabinovitz |first=Jonathan |title=Lawyer Snubs Suspect in Rail Shootings |work=The New York Times |date=January 8, 1994 |url=https://www.nytimes.com/1994/01/08/nyregion/lawyer-snubs-suspect-in-rail-shootings.html |url-access=limited |access-date=November 7, 2009}}</ref> Ferguson told a judge he questioned Falanga's integrity, disagreed with his handling of the case and had no intention of cooperating with him.<ref name="Rabinovitz0108" /> Dr. Allen Reichman, a psychiatrist who interviewed Ferguson, indicated in his report that Ferguson may have been feigning mental illness when he spoke of conspiracies against him. Reichman said Ferguson's assertions were "vague and somewhat evasive," in contrast to the normally detailed and highly focused nature of systematized paranoid delusional thinking.<ref name="Marks0820">{{Cite news |last=Marks |first=Peter |title=Ferguson Collapses in Court After Scorning Insanity Plea |work=The New York Times |date=August 20, 1994 |url=https://www.nytimes.com/1994/08/20/nyregion/ferguson-collapses-in-court-after-scorning-insanity-plea.html |url-access=limited |access-date=November 7, 2009}}</ref> On January 5, 1994, a report by a court-appointed psychologist and psychiatrist concluded Ferguson was suffering from [[paranoid personality disorder]] but was competent to stand trial.<ref>{{Cite news |last=Rabinovitz |first=Jonathan |title=Judge Delays Ruling in L.I.R.R. Shooting Case |work=The New York Times |date=January 5, 1994 |url=https://www.nytimes.com/1994/01/05/nyregion/judge-delays-ruling-in-lirr-shooting-case.html |url-access=limited |access-date=November 7, 2009}}</ref><ref name="Ewing">{{cite book |year=2006 |title=Minds on Trial: Great Cases in Law and Psychology |publisher=[[Oxford University Press]] |last1=Ewing |first1=Charles Patrick |last2=McCann |first2=Joseph T. |page=181 |isbn=978-0-19-518176-0}}</ref>

====Indictment====
On January 19, 1994, after three days of evidence presentation, a [[grand jury]] handed up a 93-count [[indictment]] against Ferguson, which carried the possibility of up to 175 years in prison. Nassau County District Attorney Denis Dillon said of the sentence maximum; "it's not quite infinity, but it will do."<ref name="McQuiston0119">{{Cite news |last=McQuiston |first=John T. |work=The New York Times |title=New Jersey's New Governor; Grand Jury Indicts Suspect on 93 Counts in Attack That Killed 6 on Long Island Rail Road |date=January 19, 1994 |url=https://www.nytimes.com/1994/01/19/nyregion/new-jersey-s-new-governor-grand-jury-indicts-suspect-93-counts-attack-that.html |url-access=limited |access-date=November 7, 2009}}</ref> Dillon also announced he would not agree to any [[plea bargain]] in the case. The indictment included two counts of murder for each slain victim, both for intentional murder and for depraved indifference to human life. It also included 19 counts of attempted murder, 34 counts of assault, criminal possession of a weapon, intent to use the weapon, violation of civil rights of each of the 25 victims and "intent to harass, annoy, threaten and alarm" the victims "because of their race, color or national origin."<ref name="McQuiston0119" />

On March 1, 1994, [[William Kunstler]] and [[Ron Kuby]], law partners known for representing unpopular clients, announced they had accepted a request by Ferguson to handle his case.<ref>{{Cite news |title=Kunstler Accepts Rail-Shooting Case |date=March 1, 1994 |work=The New York Times |url=https://www.nytimes.com/1994/03/01/nyregion/kunstler-accepts-rail-shooting-case.html |url-access=limited |access-date=November 7, 2009}}</ref><ref name="Rabinovitz0226">{{Cite news |last=Rabinovitz |first=Jonathan |title=Suspect in Rail Shootings May Have Kunstler's Help |work=The New York Times |date=February 26, 1994 |url=https://www.nytimes.com/1994/02/26/nyregion/suspect-in-rail-shootings-may-have-kunstler-s-help.html |url-access=limited |access-date=November 7, 2009}}</ref> Kunstler, who said he would not collect a fee for the defense, said Ferguson had been made out to be a "pariah" by the media and public.<ref name="Rabinovitz0226" /> In April 1994, District Attorney Dillon sought a [[gag order]] for all lawyers involved in the case, arguing Kunstler and Kuby had made statements to the media that might be inadmissible during the trial and could influence potential jurors. Kunstler and Kuby argued they would have no problem finding 12 unbiased jurors and claimed Ferguson had already been publicly attacked in the press by government and police officials.<ref name="Rabinovitz0407">{{Cite news |last=Rabinovitz |first=Jonathan |title=Hearing Held on Bid to Repress Lawyers in Murder Case |work=The New York Times |date=April 7, 1994 |url=https://www.nytimes.com/1994/04/07/nyregion/hearing-held-on-bid-to-repress-lawyers-in-murder-case.html |url-access=limited |access-date=November 7, 2009}}</ref> Nassau County Judge [[Donald E. Belfi]] rejected the [[Gag order#United States|gag order]] on April 23, claiming the impact of inflammatory statements already made by lawyers, politicians and police would fade in the months before the trial began. However, Belfi warned attorneys from both sides to follow a State Court professional disciplinary rule which already limited their comments to news organizations.<ref name="Hoffman0423">{{Cite news |last=Hoffman |first=Jan |title=Lawyers' Publicity Ban Eased in Rail Killings |work=The New York Times |date=April 23, 1994 |url=https://www.nytimes.com/1994/04/23/nyregion/lawyers-publicity-ban-eased-in-rail-killings.html |url-access=limited |access-date=November 7, 2009}}</ref>

====Prison attacks====
Shortly after his incarceration began, Ferguson complained about his treatment, claiming correction officers attacked him with milk crates and a fire extinguisher, while depriving him of necessities like soap and antiperspirant spray.<ref name="Rabinovitz1218">{{Cite news |last=Rabinovitz |first=Jonathan |title=Man Accused in L.I.R.R. Shootings Requests a Different Lawyer |work=The New York Times |date=December 18, 1993 |url=https://www.nytimes.com/1993/12/18/nyregion/man-accused-in-lirr-shootings-requests-a-different-lawyer.html |url-access=limited |access-date=November 7, 2009}}</ref> Ferguson said: "Of course, there is no sympathy for me in the institution. When I suffered and screamed I was told that it was a good sign by the prison guards because they were hoping for my swift departure from life."<ref name="Rabinovitz0108">{{Cite news |last=Rabinovitz |first=Jonathan |title=Lawyer Snubs Suspect in Rail Shootings |work=The New York Times |date=January 8, 1994 |url=https://www.nytimes.com/1994/01/08/nyregion/lawyer-snubs-suspect-in-rail-shootings.html |url-access=limited |access-date=November 7, 2009}}</ref> Later, Ron Kuby argued Ferguson had been a frequent target of harassment at the Nassau County jail, and requested that the [[United States Department of Justice]] intervene to ensure Ferguson's safety.<ref name="Marks0324">{{Cite news |last=Marks |first=Peter |title=Man Held in Train Killings Is Beaten, Jail Officials Say |work=The New York Times |date=March 24, 1994 |url=https://www.nytimes.com/1994/03/23/nyregion/man-held-in-train-killings-is-beaten-jail-officials-say.html |url-access=limited |access-date=November 7, 2009}}</ref>

On March 23, 1994, while returning to his cell from the medical unit, Ferguson was attacked in jail by a group of inmates. Ferguson suffered a broken nose and a swollen left eye. Prison officials had been notified by Kuby that an assault was imminent, and were in the process of following up on the warning when Ferguson was attacked. Kuby, who said he had been warned of the attack by another inmate, stated "the word was out. Everyone in the institution knew he was going to be set up."<ref name="Marks0324" /> Kuby called the attack racially motivated, and later alleged some jail officials and guards had advance knowledge of the impending assault. Five inmates were charged with second-degree assault for their connection in the attack.<ref>{{Cite news |last=Marks |first=Peter |title=5 Nassau Inmates Charged With Assault on Colin Ferguson |work=The New York Times |date=March 26, 1994 |url=https://www.nytimes.com/1994/03/26/nyregion/5-nassau-inmates-charged-with-assault-on-colin-ferguson.html |url-access=limited |access-date=November 7, 2009}}</ref>

In November 1994, Ferguson's lawyers claimed prison guards taunted him with claims that [[1994 New York gubernatorial election|the election]] of Governor [[George Pataki]], a death penalty supporter, meant Ferguson would be executed if found guilty. Ferguson's lawyers claimed prison guards showed him the headlines of newspaper stories about Pataki and claimed Ferguson was "headed for electrocution sometime soon." Ferguson was deeply troubled by the claims, despite assurances from his attorneys that the death penalty could only be imposed in crimes committed after a capital punishment bill became law. Ferguson was not reassured until after a judge told him the same thing, at the request of Kunstler.<ref name="McQuiston1111">{{Cite news |last=McQuiston |first=John T. |title=No Execution For Suspect In Shootings, Judge Says |date=November 11, 1994 |work=The New York Times |url=https://www.nytimes.com/1994/11/11/nyregion/no-execution-for-suspect-in-shootings-judge-says.html |url-access=limited |access-date=November 7, 2009}}</ref>

===="Black rage" defense====
{{anchor|Black rage}}Kunstler and Kuby proposed an innovative defense: Ferguson had been driven to [[insanity defense|temporary insanity]] by a psychiatric condition they termed "black rage".<ref name="Scott Gregory">{{cite magazine |url=https://content.time.com/time/subscriber/article/0,33009,980835,00.html |url-access=limited |title=Black Rage: In Defense of a Mass Murderer |magazine=Time |first=Sophfronia |last=Scott Gregory |date=June 6, 1994 |access-date=July 15, 2019}}</ref> Kunstler and Kuby argued Ferguson had been driven insane by racial prejudice and could not be held [[Legal liability|criminally liable]] for his actions, even though he had committed the killings.<ref name="Rabinovitz0407" /> The attorneys compared it to the utilization of the [[battered woman defense]], [[posttraumatic stress disorder]], and the [[child abuse syndrome]] in other cases to negate [[criminal liability]].<ref>{{Cite news |last1=Kuby |first1=Ron |author-link1=Ron Kuby |last2=Kunstler |first2=William |author-link2=William Kunstler |title=An Insanity Defense In L.I.R.R. Massacre |work=The New York Times |date=April 28, 1994 |url=https://www.nytimes.com/1994/04/28/opinion/l-an-insanity-defense-in-lirr-massacre-920509.html |url-access=limited |access-date=November 7, 2009}}</ref> Kuby said the notes carried by Ferguson on the day of his arrest demonstrated that Ferguson was motivated by rage during the shootings.<ref name="Marks0812">{{Cite news |last=Marks |first=Peter |title=L.I.R.R. Case Again Raises Sanity Issue |work=The New York Times |url=https://www.nytimes.com/1994/08/12/nyregion/lirr-case-again-raises-sanity-issue.html |url-access=limited |access-date=November 7, 2009 |date=August 12, 1994}}</ref> Donald E. Belfi, the Nassau County Judge assigned to the Ferguson case, criticized Kunstler for speaking to the media about the proposed defense before it had been examined by a mental health professional. Belfi said "Mr. Kunstler may have many talents, but until he receives his medical degree with a specialty in psychiatry, these types of conclusions should best be left for medical experts and the triers of the facts."<ref name="Hoffman0423" />

Black rage was first proposed by psychologists William Henry Grier and Price Cobbs in their 1968 book, ''[[Black Rage (book)|Black Rage]]'' ({{ISBN|1-57910-349-9}}). Grier and Cobbs argue that black people living in a racist, white supremacist society are psychologically damaged by the effects of racist oppression. They argue that this damage causes black people to act abnormally in certain situations.

Ferguson started to claim he was not involved in the Long Island Rail Road shootings at all, and repeatedly refused to meet with a psychiatrist chosen by Kunstler and Kuby. Ferguson told the attorneys he was receiving messages straight from God, and spoke of conspiracies to destroy him by those opposed to God.<ref name="Marks0812" /> On August 12, 1994, Kunstler and Kuby asked Judge Belfi to reconsider Ferguson's competence to stand trial, claiming he was growing more delusional, paranoid and obsessive by the day, and that he was too mentally unbalanced for them to mount any kind of defense.<ref name="Marks0812" /> George Peck, the prosecutor in Ferguson's trial, insisted Ferguson's apparent lack of cooperation with his lawyers was a defense tactic to avoid a trial.<ref>{{Cite news |last=McQuiston |first=John T. |work=The New York Times |date=October 21, 1994 |url=https://www.nytimes.com/1994/10/21/nyregion/suspect-in-lirr-slayings-may-dismiss-his-lawyer.html |url-access=limited |access-date=November 7, 2009 |title=Suspect in L.I.R.R. Slayings May Dismiss His Lawyer}}</ref>

On August 20, 1994, Ferguson appeared before Belfi and rejected his lawyer's efforts to have him declared mentally unfit to stand trial. Ferguson spoke in a long and rambling manner, occasionally ignoring Belfi when the judge tried to interrupt him. Ferguson claimed a police officer who escorted him from the Nassau County Jail said to him, "You realize someone else, in fact, was actually responsible for the shooting."<ref name="Marks0820" /> When asked if Ferguson understood the role of the prosecuting attorney, Ferguson replied; "to perpetrate injustices against me".<ref name="Marks0820" /> Kunstler and Kuby argued Ferguson's behavior was indicative of his mental imbalance, but Belfi refused the lawyers' request to reconsider his competence, citing the original psychiatric report that concluded Ferguson was able to understand the charges against him and was "[[malingering]] in an attempt to create an impression" that he was mentally imbalanced and unable to cooperate with his attorney. When Belfi ended the proceeding, Ferguson tried to continue talking. After he was placed into handcuffs by guards, Ferguson shouted "they have made it too tight," collapsed to the floor, and had to be dragged from the courtroom.<ref name="Marks0820" /> Denis Dillon suggested Kunstler was trying to create "such a bizarre situation" that the court would reverse its earlier ruling regarding Ferguson's competence.<ref name="McQuiston0920">{{Cite news |last=McQuiston |first=John T. |title=Lawyers in Rail Slayings File for Insanity Defense |work=The New York Times |date=September 20, 1994 |url=https://www.nytimes.com/1994/09/20/nyregion/lawyers-in-rail-slayings-file-for-insanity-defense.html |url-access=limited |access-date=November 7, 2009}}</ref>

====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>