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. 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. 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."