Colin Ferguson (mass Murderer) - Trial

Trial

Ferguson's trial proved to be bizarre as he cross examined the police that arrested him and victims he shot. It was broadcast live by local media and Court TV, and was constantly 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 that he fell asleep, and another man grabbed his gun and began firing. He also argued that a mysterious man named Mr. Su had information concerning a conspiracy against him. He also found another man who was willing to testify that the government implanted a computer chip in Ferguson's brain, but at the last minute decided not to call him to the stand. His cross examination questions mostly started with "Is it your testimony..." and would simply force the witness to repeat testimony already given. When a witness refused to answer the question to his satisfaction he would often ask the judge to "admonish the witness to answer the question". During the course of his cross-examinations, Ferguson would refer to himself in the third person, most particularly asking the victims of the shooting "Did you see Colin Ferguson..." to which the witness would reply "I saw you shoot me." Legal experts pointed out that Ferguson's questions were pointless and were not geared towards rebutting testimony. By not recognizing when to object to testimony and closing arguments, he would lose his right to appeal on those grounds. Among the defense witnesses Ferguson requested was President Bill Clinton.

Ferguson originally sought to question himself on the witness stand, but ultimately did not do so. He told the judge and media outlets he intended to call a number of witnesses that would prove his innocence, including a ballistic expert, a handwriting expert and two regular eyewitnesses, but that they were afraid to come forward and take the stand. Ultimately, 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 were convicted. He said the prison slaying of serial killer Jeffrey Dahmer was "set up as a prelude against me".

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 nineteen passengers. He received 315 years and eight months to life, meaning his current earliest possible parole date is August 6, 2309. The judge's 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 Ferguson's sentence at 50 years had no one died in the massacre because all of the felonies he committed on the train were part of one occurrence, therefore all sentences would have been served concurrently and capped at 50 years. 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. As of 2012, he is serving his sentence in the maximum security Upstate Correctional Facility, located in the northernmost part of the state.