Fascinating. Thanks for posting this, Tamara. Did you see Strange
Culture when it was in NYC?

Tamara Wyndham wrote:
>
> You Can Sleep Well Again: Feds Chalk Up Another
> Victory
> Against Art
>
> CONTACTS:
> Email: mailto:[EMAIL PROTECTED] d.org 
> <mailto:media%40caedefensefund.org>
> Claire Pentecost: 773-383-9771
> Gregory Sholette: 212-865-3076
> Edmund Cardoni: 716-854-1694
> Igor Vamos: 917-209-3282
> Lucia Sommer: 716-359-3061
> Dianne Raeke Ferrell: 412-352-2704
>
> SICKNESS, "ABSURD" DOJ PROSECUTION FORCE SCIENTIST TO
> PLEAD IN
> PRECEDENT-SETTING CASE
> Scientist's Wife and Daughter Comment on Case
>
> Buffalo, NY - Today in Federal District Court, Dr.
> Robert Ferrell,
> Professor of Human Genetics at the University of
> Pittsburgh Graduate
> School of Public Health, under tremendous pressure,
> pled guilty to
> lesser charges rather than facing a prolonged trial
> for federal
> charges of "mail fraud" and "wire fraud" in a surreal
> post-PATRIOT
> Act legal case that has attracted worldwide attention.
>
> "From the beginning, this has been a persecution, not
> a prosecution.
> Although I have not seen the final agreement, the
> initial versions
> contained incorrect and irrelevant information, " said
> Dr. Dianne
> Raeke Ferrell, Dr. Ferrell's wife and an Associate
> Professor of
> Special Education and Clinical Services at Indiana
> University of
> Pennsylvania. "Bob is a 27 year survivor of
> non-Hodgkin' s lymphoma
> which has reoccurred numerous times. He has also had
> malignant
> melanoma. Since this whole nightmare began, Bob has
> had two minor
> strokes and a major stroke which required months of
> rehabilitation. "
>
> Dr. Ferrell added that her husband was indicted just
> as he was
> preparing to undergo a painful and dangerous
> autologous stem cell
> transplant, the second in 7 years.
>
> The Ferrells' daughter, Gentry Chandler Ferrell,
> added: "Our family
> has struggled with an intense uncertainty about
> physical, emotional
> and financial health for a long time. Agreeing to a
> plea deal is a
> small way for dad to try to eliminate one of those
> uncertainties and
> hold on a little longer to the career he worked so
> hard to develop...
> Sadly, while institutions merely are tarnished from
> needless
> litigation, individuals are torn apart. I remain
> unable to wrap my
> mind around the absurdity of the government's pursuit
> of this case
> and I am saddened that it has been dragged out to the
> point where my
> dad opted to settle from pure exhaustion." (To read
> Gentry Ferrell's
> full statement, please visit:
> http://caedefensefu nd.org/press/ ferrellplea. html 
> <http://caedefensefund.org/press/ferrellplea.html>)
>
> Dr. Ferrell's colleague Dr. Steven Kurtz, founder of
> the
> internationally acclaimed art and theater group
> Critical Art
> Ensemble, was illegally detained and accused of
> "bioterrorism" by the
> U.S. government in 2004 stemming from his acquisition
> from Dr.
> Ferrell of harmless bacteria used in several of
> Critical Art
> Ensemble's educational art projects. After a costly
> investigation
> lasting several months and failing to provide any
> evidence of
> "bioterrorism, " the Department of Justice instead
> brought charges of
> "mail fraud" and "wire fraud" against Kurtz and
> Ferrell. Under the
> USA PATRIOT Act, the maximum penalty for these charges
> has increased
> from 5 years to 20. (For more information about the
> case, please see
> "Background to the Case" below or
> http://caedefensefu nd.org <http://caedefensefund.org>)
>
> JURIDICAL ART CRITICISM?
>
> The government is vigorously attempting to prosecute
> two defendants
> in a case where no one has been injured, and no one
> has been
> defrauded. The materials found in Dr. Kurtz's house
> were obtained
> legally and used safely by the artist. After three and
> a half years
> of investigation and prosecution, the case still
> revolves around
> $256 worth of common science research materials that
> were used in
> art works by a highly visible and respected group of
> artists. These
> art works were commissioned and hosted by cultural
> institutions
> worldwide where they had been safely displayed in
> museums and
> galleries with absolutely no risk to the public.
>
> The Government has consistently framed this case as an
> issue of
> public safety, but the materials used by Critical Art
> Ensemble are
> widely available, can be purchased by anyone from High
> School science
> supply catalogues, and are regularly mailed.
>
> PROFESSORS OF ART & SCIENCE EXPRESS ALARM
>
> "The government's prosecution is an ill-conceived and
> misguided
> attack on the scientific and artistic communities, "
> said Dr. Richard
> Gronostajski, Professor of Biochemistry at SUNY
> Buffalo, where
> Professor Kurtz also teaches. "It could have a
> chilling effect on
> future scientific research collaborations, and harm
> teaching efforts
> and interactions between scientists, educators and
> artists."
>
> "It's deeply alarming that the government could
> pressure someone of
> Dr. Ferrell's stature into agreeing to something like
> this. The case
> threatens all Americans' Constitutionally guaranteed
> right to
> question the actions of their government," said Igor
> Vamos, Professor
> of Integrated Electronic Arts at Rensselaer
> Polytechnic Institute.
>
> PLEA COMES AMIDST OVERWHELMING PUBLIC SUPPORT FOR
> DEFENDANTS
>
> The plea bargain agreement comes at a time of
> overwhelming public
> support for the two defendants. A film about the case,
> Strange
> Culture - directed by Lynn Hershman Leeson and
> featuring Tilda
> Swinton (Chronicles of Narnia, Michael Clayton),
> Thomas Jay Ryan
> (Eternal Sunshine of the Spotless Mind), and Peter
> Coyote (E.T., Erin
> Brockovich) - has drawn widespread critical praise and
> public
> interest, with screenings in dozens of U.S. cities
> after its
> selection to open both the 2007 Human Rights Watch
> International Film
> Festival and the Berlin International Film Festival
> documentary
> section. An October 1 screening of the film at the
> Museum of Modern
> Art in New York City drew a crowd of 400 who stayed
> for an hour
> afterward for a discussion with Professor Kurtz,
> director Hershman
> Leeson, and actress Tilda Swinton. Special benefit
> screenings of the
> film in numerous cities have raised thousands of
> dollars to offset
> the two defendants' escalating legal costs.
>
> BACKGROUND TO THE CASE
>
> The legal nightmare of renowned scientist Dr. Robert
> Ferrell and
> artist and professor Dr. Steven Kurtz began in May
> 2004. Professor
> Kurtz and his late wife Hope were founding members of
> the
> internationally exhibited art and theater collective
> Critical Art
> Ensemble. Over the past decade cultural institutions
> worldwide have
> commissioned and hosted Critical Art Ensemble's
> participatory theater
> projects that help the general public understand
> biotechnology and
> the many issues surrounding it. In May 2004 the
> Kurtzes were
> preparing a project examining genetically modified
> agriculture for
> the Massachusetts Museum of Contemporary Art, when
> Hope Kurtz died of
> heart failure. Detectives who responded to Professor
> Kurtz's 911 call
> deemed the couple's art suspicious, and called the
> FBI. Within hours
> the artist was illegally detained as a suspected
> "bioterrorist" as
> dozens of federal agents in Hazmat suits sifted
> through his work and
> impounded his computers, manuscripts, books, his cat,
> and even his
> wife's body.
>
> CASE DEPLETES PUBLIC AND PRIVATE RESOURCES
>
> The government has pursued this case relentlessly for
> three and a
> half years, spending enormous amounts of public
> resources. Most
> significantly, the legal battle has exhausted the
> financial,
> emotional, and physical resources of Ferrell and
> Kurtz; as well as
> their families and supporters. The professional and
> personal lives of
> both defendants have suffered tremendously. A trial
> date has not yet
> been established.
>
> For more information about the case, including
> extensive
> documentation, please visit http://caedefensefu nd.org 
> <http://caedefensefund.org>
>
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