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. 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. 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." Ferguson told a judge he questioned Falanga's integrity, disagreed with his handling of the case and had no intention of cooperating with him. 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.
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." 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." 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. Nassau County Judge
Donald E. Belfi rejected the
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.
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. 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." 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. 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." In November 1994, Ferguson's lawyers claimed prison guards taunted him with claims that
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.
"Black rage" defense Kunstler and Kuby proposed an innovative defense: Ferguson had been driven to
temporary insanity by a psychiatric condition they termed "black rage". Kunstler and Kuby argued Ferguson had been driven insane by racial prejudice and could not be held
criminally liable for his actions, even though he had committed the killings. Kuby said the notes carried by Ferguson on the day of his arrest demonstrated that Ferguson was motivated by rage during the shootings. 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." 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."
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.
Trial During his trial Ferguson cross-examined the police officers who arrested him, and victims he had shot. The trial was broadcast live by local media and
Court TV, but was overshadowed by the
O. J. Simpson murder case, going on simultaneously on the West Coast. Ferguson argued that the 93 counts he was charged with were related to 1993, and had it been 1925 he would have been charged with only 25 counts. He admitted bringing the gun onto the train, but claimed he fell asleep and another man grabbed his gun and began firing. He also argued of a mysterious man named Mr. Su, who had information concerning a conspiracy against him. He found another man who was willing to testify that the government had implanted a
computer chip in Ferguson's brain, but at the last minute decided not to call him to the stand. This was Raul Diaz, a
parapsychologist from Manhattan who claimed during a press conference on the courthouse steps to have witnessed an
Asian man press a chip into Ferguson's head prior to the attack. According to Diaz, the Asian man told him to behold what he was about to do prior to pushing the button. "He was lasered out by a remote-control device," Diaz told reporters outside the courtroom. "He was zapped, just like that, right out of
the twilight zone" and was "commanded to go up and down the aisle shooting people." Ferguson originally sought to question himself on the witness stand, but ultimately did not. He told the judge and media that he intended to call witnesses who would prove his innocence, including a ballistic expert, a handwriting expert and two eyewitnesses, but they were afraid to come forward and take the stand. He did not call any of the witnesses. He also told Judge Belfi of an alleged conspiracy by the
Jewish Defense League to kill him in prison if he was convicted. He said the prison slaying of serial killer
Jeffrey Dahmer was "set up as a prelude against me."
Conviction Ferguson was convicted on February 17, 1995, of murder of the six passengers who died of their injuries. He was also convicted of attempted murder for wounding 19 passengers. On March 22, he received 315 years and eight months to life, meaning his current earliest possible parole date is August 6, 2309. The judge said, "Colin Ferguson will never return to society, and will spend the rest of his natural life in prison." At the sentencing, Judge
Donald E. Belfi called Ferguson a "selfish, self-righteous coward." He also used the sentencing as an opportunity to criticize New York's controversial Sentencing Cap Law, which would have capped each of Ferguson's sentences at 50 years and required that they all be served concurrently had no one died in the massacre, since all of the felonies he committed on the train were part of one occurrence. After his conviction, Ferguson was put in the position to argue in appellate briefs that he had incompetent counsel (himself). After his sentencing, Ferguson was incarcerated for a time at the
Attica Correctional Facility in upstate New York. He is currently at
Mid-State Correctional Facility, near
Utica. ==Lawsuits==