Info about subscribing or unsubscribing from this list is at the bottom of this message. ~~~~~~~~~~~~~~~~~~~~
see also: http://snipurl.com/f2q7 Artist says charges against him are political ----------- http://www.caedefensefund.org/faq.html Early morning of May 11, Steve Kurtz awoke to find his wife, Hope, dead of a cardiac arrest. Kurtz called 911. The police arrived and, after stumbling across test tubes and petri dishes Kurtz was using in a current artwork, called in the Joint Terrorism Task Force. Soon agents from the Task Force and FBI detained Kurtz, cordoned off the entire block around his house, and later impounded Kurtz's computers, manuscripts, books, equipment, and even his wife's body for further analysis. The Buffalo Health Department condemned the house as a health risk. Only after the Commissioner of Public Health for New York State had tested samples from the home and announced there was no public safety threat was Kurtz able to return home and recover his wife's body. Yet the FBI would not release the impounded materials, which included artwork for an upcoming exhibition at the Massachusetts Museum of Contemporary Art. While most observers assumed the Task Force would realize that its initial investigation of Steve Kurtz was a terrible mistake, the feds have instead chosen to press their "case" against Kurtz and possibly others. Despite the Public Health Commissioner's conclusion as to the safety of Kurtz's materials, and despite the fact that the FBI's own field and laboratory tests showed that they were not used for any illegal purpose, the U.S. District Attorney continues to waste vast sums of public money prosecuting this outlandish, politically motivated case. What is the violation he is suspected of? In their initial investigation - and now once again - the Justice Department is seeking charges under under Section 175 of the US Biological Weapons Anti-Terrorism Act of 1989, as expanded by the USA PATRIOT Act, Title 18, Part 1, Chapter 10 Sec. 175 - Prohibitions with respect to biological weapons. (See below for full text of the Act.) "Mail fraud" charges still serious - possible sentence of 20 years On June 29, 2004, a federal Grand Jury appeared to reject these charges and instead handed down indictments of 2 counts each of "mail fraud" and "wire fraud" under Title 18, United States Code, sections 1341 and 1343. Also indicted was Robert Ferrell, head of the Department of Genetics at the University of Pittsburgh's School of Public Health. The charges concern technicalities of how Ferrell helped Kurtz to obtain $256 worth of harmless bacteria for one of Kurtz's art projects. Although they are a far cry from the charges originally sought by the District Attorney, these are still serious federal charges, which carry t he same potential sentence as the original bioterrorism charge would have: up to 20 years. Attempt to cast contract dispute as criminal offense Charges of mail fraud, and more recently, wire fraud, are designed to dismantle phony financial schemes that defraud the public out of money through mail, credit card or internet. Because these laws are written very broadly, they are also used to convict figures in organized crime, and in the same way have been used to put away social and political troublemakers such as Marcus Garvey. In Kurtz's case, they are clearly being used to silence an artist whose views are unpopular with the current administration, by making what could at best be a civil contract dispute over $256 worth of harmless, legally obtained materials into a criminal charge. If the defendants did what is alleged in the indictment, they broke a contract. At most this is a civil offense to be settled between the University of Pittsburgh and ATCC, but neither of these parties have brought any complaint against Ferrell or Kurtz. To our knowledge this is the first time the U.S. Justice Department is intervening in the breach of a Material Transfer Agreement of nonhazardous materials in order to redefine it as a criminal offense. Read more about MTAs and why the Justice Department may be prosecuting this case. Terrorism charges once again possible Despite the previous Grand Jury's refusal last summer to indict Kurtz with bioterrorism charges, the prosecution has continued to try to paint him as a bioterrorist in their public statements, and has continued to falsely refer to the seized materials as "dangerous." They have also continued their costly investigation at public expense. O n March 17, Steven Barnes, also a founding member of the Critical Art Ensemble, was served a subpoena to appear before a Federal Grand Jury in Buffalo on April 19. According to the subpoena, the Justice Department is again seeking charges under Section 175 of the US Biological Weapons Anti-Terrorism Act of 1989, as expanded by the USA PATRIOT Act. The section of the US Biological Weapons Anti-Terrorism Act under which the prosecution is once again attempting to charge Steve, reads: Title 18, Part 1, Chapter 10 Sec. 175 (a) In General. - Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States. (b) Additional Offense. - Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms ''biological agent'' and ''toxin'' do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source. (c) Definition. - For purposes of this section, the term ''for use as a weapon'' includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective [1] bona fide research, or other peaceful purposes. ----------------- May 17, 2005 FOR IMMEDIATE RELEASE BREACHES OF CIVIL CONTRACTS SHOULD BE FEDERAL CRIMES, PROSECUTOR ARGUES Judge calls proposal "Pandora's Box"; defense calls for dismissal Today in Buffalo, Judge Kenneth Schroeder heard motions to dismiss a federal criminal case against artist Steven Kurtz. Professor Kurtz was charged with mail and wire fraud last summer after prosecutors found nothing to support their original allegations of bioterrorism. In today's hearing, defense attorney Paul Cambria argued that a dangerous precedent would be set by "exalting" into a federal criminal case of wire and mail fraud what is at best a minor, civil contract issue--the purchase of the bacterium Serratia marcescens by scientist Robert Ferrell for use by Kurtz in his artwork. Judge Schroeder seemed to agree, asking Federal Assistant District Attorney William Hochul whether an underaged youth who uses the internet to purchase alcohol across state lines, for example, should be subject to federal wire fraud charges. "Yes," Hochul answered after some hedging, and Schroeder chuckled. "Wow, that really opens up a Pandora's Box, wouldn't you say?" he asked Hochul. Schroeder also asked Hochul whether there is any federal regulation at all (OSHA, EPA, or other) concerning Serratia. Hochul admitted there wasn't. (The alleged danger of Serratia forms the basis of the government's argument for making this a criminal case, rather than simply allowing the bacterium's provider to pursue civil remedies if it feels it was wronged.) Cambria further argued that the FBI intentionally misled a judge into issuing the original search warrant. That judge was never told of Kurtz's lengthy, credible and complete explanation of what the seized bacterial substances were being used for, nor of the fact that Kurtz tasted Serratia in front of an officer to prove it was harmless. Also, the judge was told of Kurtz's possession of a photograph of an exploded car with Arabic writing beside it, but not of the photograph's context: an invitation to an important museum art show. The photograph, by artists the Atlas Group, was one of several exhibited pieces pictured on the invitation. Because of the photo, the judge issued a warrant calling for the seizure of anything with Arabic writing. "Would that have included the Koran?" Judge Schroeder asked Hochul at today's hearing. "Nothing in Arabic was in fact seized," Hochul replied. Schroeder repeated the question, and Hochul admitted that the Koran would have been seized, "if the officers hadn't recognized what it was." Today's apparent courtroom victory for Cambria does not mean that Judge Schroeder will grant any of the defense motions. And if he does, it is certain that the prosecution will appeal the decision-- "all the way to the Supreme Court if they can," according to Cambria. Whatever the outcome of today's hearing, it will not come quickly: rulings in such hearings typically take two or three months. The defense has so far cost $60,000 for Kurtz alone; as for the taxpayer bill, it is well into the millions. For more information on the case, or to make a donation to the CAE Defense Fund, please visit http://www.caedefensefund.org/ _____________________________ Note: This message comes from the peace-justice-news e-mail mailing list of articles and commentaries about peace and social justice issues, activism, etc. If you do not regularly receive mailings from this list or have received this message as a forward from someone else and would like to be added to the list, send a blank e-mail with the subject "subscribe" to [EMAIL PROTECTED] or you can visit: http://lists.enabled.com/mailman/listinfo/peace-justice-news Go to that same web address to view the list's archives or to unsubscribe. E-mail accounts that become full, inactive or out of order for more than a few days will be deleted from this list. FAIR USE NOTICE: In accordance with Title 17 U.S.C. Section 107, the information in this e-mail is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. I am making such material available in an effort to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. I believe this constitutes a 'fair use' of copyrighted material as provided for in the US Copyright Law.
