Editing Long Island Rail Road shooting (section)

====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>