Last yearIn 2004, University at Buffalo art professor Steve Kurtz, a member of Critical Art Ensemble, called police to his home after his wife died suddenly of a heart attack. When they arrived, the police stumbled upon some biology gear and harmless bacteria that Kurtz was using in an art project. The FBI was called in and visions of bioterror danced in their heads. In July 2004, Kurtz was indicted by a federal grand jury for mail and wire fraud. Genetics professor Robert Ferrell was also charged with helping Kurtz obtain the biological material. (Background here and here.) On Thursday, US Magistrate Judge H. Kenneth Schroeder Jr. denied a motion to dismiss the charges against Kurtz. From the Buffalo News:
Kurtz's attorney, Paul J. Cambria Jr., had argued that no actual crime was committed. He said Kurtz obtained "harmless" forms of bacteria that he planned to use "in an art exhibit, to make a political point."
"We plan to appeal this ruling," Cambria said Thursday. "Judge Schroeder didn't say we were wrong. He said we would have to wait until trial to make that [dismissal] motion."
Kurtz had no immediate comment. Edmund J. Cardoni Jr., a friend and supporter, said he is certain the ruling will cause "shock and anger" in the art world. "I'm still baffled as to why the federal government is using its resources to pursue this case," said Cardoni, executive director of Hallwalls Contemporary Arts Center in Buffalo. "In my opinion, Steve is being specifically targeted because he is a dissenting voice."
Link to Buffalo News article, Link to the Critical Art Ensemble Defense Fund
