Many artists, scientists, researchers, educators and others havealready written in supporting Steve and the work of Critical Art Ensemble. These letters can be found here.
Your letters of support can be emailed to us at media@caedefensefund.org.
Or mailed to:
Steve Kurtz SUNY Buffalo 202 Center for the Arts Buffalo, NY 14260-6010
We, the undersigned [artists/curators/critics/cultural producers/scientists/citizens] [who have worked with or followed the work of] the artists' group known as Critical Art Ensemble, are deeply alarmed by legal proceedings brought against one of its founding members, Dr. Steven Kurtz, and his long-time collaborator Dr. Robert Ferrell, former chair of the Genetics Department at the University of Pittsburgh Graduate School of Public Health. Kurtz and Ferrell have made an undisputed contribution to the arts, education, and American prestige abroad, and yet today they face a possible 20 years in prison for trumped-up charges. The case endangers all Americans’ constitutionally guaranteed rights to freedom of speech, expression and inquiry. It threatens to set dangerous legal and political precedent, by vastly expanding the government’s reach into our homes and public institutions, by intimidating and criminalizing those who would legitimately and legally criticize government policy, and by dispossessing the public of its fundamental right to scientific knowledge.
Critical Art Ensemble (CAE) are internationally recognized artists who work within educational and art contexts to raise awareness of a range of social issues. For almost two decades CAE has produced and exhibited art that examines questions surrounding information, communications, and bio technologies. In participatory theater events, CAE very publicly and legally perform basic scientific processes to explain and demystify them. Audiences of all ages who participate in CAE events walk away with a clearer understanding of the issues surrounding genetically altered foods, reproductive technologies and bio-warfare. Having worked with Kurtz and CAE in various settings throughout the world, we know their work is undertaken with thorough research and in continuous consultation with members of the scientific community, to ensure that the artworks they produce are both accurate and safe. In keeping with their criteria of safety and accessibility, they use materials commonly available in scientific educational and research practices. Indeed, CAE's projects are recognized by artists, scientists, and institutions worldwide as thorough, investigative, educative and safe.
We were therefore shocked to learn that that the Joint Terrorism Task Force illegally detained Kurtz for 22 hours after he called 911 to report his wife's unexpected death of heart failure. This was followed by the seizure from his home of art works, research, and scientific materials that had been exhibited at galleries and museums internationally, and by attempts to bring charges against Kurtz and Ferrell under the US Biological Weapons Anti-Terrorism Act. That this could occur at all is alarming—but it is especially so considering analyses of the materials by the Commissioner of Public Health for New York and by the FBI returned the results that the materials in question posed no public health or safety risk. (For more information about the case please visit caedefensefund.org.)
We were further shocked to learn that, according to affidavits obtained by Kurtz's lawyer, government agents misled a judge to obtain search warrants for Kurtz’s home. The judge was never told of Kurtz's complete, cooperative and easily verifiable explanation about the harmless bacterial substances he used for his artwork, or that this material had been frequently exhibited in museums and art galleries with no risk to the public.
Even after the prosecution’s failure to produce any evidence of "bioterrorism,” the investigation has continued at great public expense, now involving felony charges of "wire fraud" and "mail fraud" punishable by up to 20 years in prison. The government is now claiming that Ferrell used his contract through the University of Pittsburgh to purchase the bacteria samples from American Type Culture Collection (ATCC), which he then gave to Steve for use in one of CAE’s art projects – thereby "defrauding" the University and ATCC. If true, this would constitute a minor contract discrepancy concerning $256 of harmless materials, to be settled between the parties involved. But neither the University of Pittsburgh, nor ATCC, nor any state authorities, have brought any complaint against Ferrell or Kurtz! In fact, scientists frequently share materials in this manner because such academic collaboration is necessary for research.
The federal prosecutor's determination to exaggerate these allegations into serious felonies therefore strikes us as a gross incident of judicial activism. In fact, this is the first time in the history of the U.S. Justice system that anyone has ever been indicted or charged with fraud for allegedly breaking a material transfer agreement (MTA). The DoJ’s own "Prosecution Policy Relating to Mail Fraud and Wire Fraud" explicitly states: “Prosecutions of fraud ordinarily should not be undertaken if the scheme employed consists of some isolated transactions between individuals, involving minor loss to the victims, in which case the parties should be left to settle their differences by civil or criminal litigation in the state courts.” The interpretation of mail and wire fraud being used in this case is so radical as to make incorrectly filling in a manufacturer’s warranty card into a federal crime.
So why does the case go on? We have no choice but to conclude that the case is being prosecuted for political reasons. We therefore insist that all charges and legal proceedings against Dr. Steven Kurtz and Dr. Robert Ferrell be immediately dropped before this prosecution wastes more public resources, and does more damage to the values we most wish to protect.
The Honorable Hillary Rodham Clinton United States Senate 780 Third Avenue Suite 2601 New York, NY 10017 Phone: (212) 688-6262 Fax: (212) 688-7444
Representative Louise Slaughter (D-28th District, NY) U.S. House of Representatives 2469 Rayburn House Office Building Washington, D.C. 20515 (202) 225-3615 [phone] (202) 225-7822 [fax] Buffalo Office 465 Main Street Suite 105 Buffalo, NY 14203 (716) 853-5813 [phone] (716) 853-6347 [fax]
Honorable Brian Higgins (D-27th District, NY) U.S. House of Representatives
431 Cannon House Office Building Washington, DC 20515 phone: 202-225-3306
District Office Larkin Bldg 726 Exchange St, Suite 601 Buffalo, NY 14210 phone: 716-852 3501
The Honorable Charles Schumer Washington, DC 313 Hart Senate Building Washington, DC 20510 Phone: 202-224-6542 Fax: 202-228-3027 TDD: 202-224-0420 Buffalo Office 111 West Huron Street, Room 620 Buffalo, NY 14202 Phone: 716-846-4111 Fax: 716-846-4113
Should a trial occur, we are looking for scientists in the fields of biology, microbiology, and molecular biology to offer expert testimony, particularly in the following areas: laboratory procedures, laboratory behaviors, and microbiology safety issues. We will also need curators, contemporary art historians, and theorists to offer expert witness concerning the cultural legitimacy of CAE's activities. If you are able to offer such testimony, or know anyone who may be, please contact us at media@caedefensefund.org
If you are a lawyer, offers of pro bono support or offers to write amicus briefs would be very helpful. You can send them to legalsupport@caedefensefund.org.
Publicize this story in any way you can, wherever you can:
Download a banner for your web site. Download and print a flyer to distribute. (Print these pages double-sided on 1 piece of legal size paper (8.5 x 14) and fold in thirds.) Buttons! Sell these or take up a collection at your table to raise money for the Defense Fund and help publicize the case. Download the files and send them to the button vendor of your choice. Busy Beaver will give you a 25% discount on any of these designs. To get the discount:
1) Order on-line at: busybeaver.net/order.php 2) Upload the design or designs you want. 3) When you get to the payment section, either phone in the payment to get the discount or do the math (25% off) and pay by check or Paypal using Paypal email address: buttongal (at) busybeaver (dot) net.
We need help publicizing this precedent-setting case and its implications for artists, intellectuals, researchers and others via the news media. In this regard, we are still hoping for a real investigative story into the DoJ's and prosecuting attorney William Hochul's motivations in this case. If you are interested or know a journalist who might be, please contact the Defense Fund at media@caedefensefund.org
Help publicize this case with an informational table on your campus or at your next conference, teach-in, fundraiser, concert, or anywhere else. The kit includes:
A CD of the Defense Fund website: all you need is a laptop and you can answer people's questions and direct them to the site for more information. For your free CD email us at media@caedefensefund.org
An informational flyer you can print and hand out. (Print these pages double-sided on 1 piece of legal size paper (8.5 x 14) and fold in thirds.)
Buttons! Sell these or take up a collection at your table to raise money for the Defense Fund and help publicize the case. Download the files and send them to the button vendor of your choice.
Busy Beaver will give you a 25% discount on any of these designs. To get the discount:
1) Order on-line at: busybeaver.net/order.php 2) Upload the design or designs you want. 3) When you get to the payment section, either phone in the payment to get the discount or do the math (25% off) and pay by check or Paypal using Paypal email address: buttongal (at) busybeaver (dot) net.
