From the archives: Judge denies Ferguson dismissal

This story was originally published in Newsday on April 16, 1994.

A Nassau judge yesterday denied a motion to dismiss or reduce the indictment against alleged railroad shooter Colin Ferguson, saying that the evidence presented to the grand jury supported the charges against him.

"Upon inspection of the grand jury minutes, this court finds that the evidence before the grand jury was sufficient to support the crimes charged in the indictment," County Court Judge Donald Belfi wrote in a one-page ruling.

The motion to dismiss was made in February by Ferguson's former lawyer, Anthony Falanga. Falanga has been replaced by Manhattan civil rights lawyers William Kunstler and Ronald Kuby, who agreed to take the case without payment.

Edward Grilli, a spokesman for Nassau District Attorney Denis Dillon, said that motions to dismiss are routinely submitted by the defense and almost always denied by the court.

Ferguson, who was indicted on 93 counts of murder, attempted murder, assault, weapons charges, endangerment and harassment, is charged with killing six people and injuring 19 others on Dec. 7 on a Long Island Rail Road car. He is being held without bail at the Nassau County jail.

Belfi also is expected to rule on a prosecution motion for a gag order in the case to stop Ferguson's lawyers from speaking to the media. Ferguson's next court appearance is Tuesday.