GMW:_BIOTERROR_CHARGES_DOWNGRADED_TO_MAIL_FRAUD_IN_STEALTH_INDICTMENT

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Subject:

GMW:_ " BIOTERROR " _CHARGES_DOWNGRADED_TO_ " MAIL_FRAUD " _IN_STEALTH_INDICTMENT

" GM_WATCH "

Wed, 30 Jun 2004 09:44:20 +0100

 

GM WATCH daily

http://www.gmwatch.org

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June 29, 2004

FOR IMMEDIATE RELEASE

Contact: media

 

" BIOTERROR " CHARGES DOWNGRADED TO " MAIL FRAUD " IN STEALTH INDICTMENT

U.S. Attorneys attempt to cast $256 technicality as health and safety issue in

" stealth " indictment

 

Professor Steve Kurtz was charged today by a federal grand jury in Buffalo, New

York--not with bioterrorism, as listed on the Joint Terrorism Task Force's

original search warrant and subpoenas, but with " petty larceny, " in the words of

Kurtz attorney Paul Cambria. (See http://www.caedefensefund.org/ for

background.)

 

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.

 

The laws under which the indictments were obtained--Title 18, United States

Code, sections 1341 and 1343, covering mail and wire fraud--are normally used

against those defrauding others of money or property, as in telemarketing

schemes.

 

This is a far cry from the bioterrorism charges originally sought by the

District Attorney. To make a " federal case " out of such minor allegations, the

District Attorney will have the burden of proving

criminal intent.

 

" There was very obviously no criminal intent, " said Kurtz attorney Cambria. " The

intent was to educate and enlighten. " Cambria suggested that the pursuit of such

a minor case at the federal level was profoundly absurd. " If the University of

Pittsburgh feels that there was a contract breach, then their remedy is to sue

Steve for $256 in a civil court. "

 

A STEALTH INDICTMENT

 

The U.S. District Attorney attempted to cast the issue as one of public health

and safety in a public press conference called without the knowledge of either

defendant's lawyers, thus eliminating the chance of rebuttal. During the

conference, parts of which were broadcast on local

Buffalo news channels, U.S. Attorney William Hochul and U.S. District Attorney

Michael Battle repeatedly alluded to " dangerous " and " bio-hazardous material, "

even though the charges have nothing to do with such issues, and scientists

universally regard the materials in question as safe.

 

At one point in the press conference, U.S. Attorney Hochul stated that Serratia

marcescens, one of the two bacteria ordered by Ferrell, " is in fact a dangerous

material in that it can cause pneumonia. " Serratia cannot cause pneumonia, only

aggravate it in someone who already has it, and very rarely at that.

Furthermore, it would be hard to characterize as a " dangerous material "

something that high school students routinely use in biology class experiments.

(Easily trackable by its bright red color, S. marcescens is commonly used to

demonstrate the many ways microbes can be destroyed--e.g. with household bleach.

The other bacterium, Bacillus globigii, is also used in experiments as a

stand-in for dangerous microbes--precisely because it is harmless.)

 

Many believe the attempt to cast the $256 technicality as a public health and

safety issue is a face-saving measure by the government, which has already

expended an enormous amount of time and money in their fruitless pursuit of this

case.

 

ONLY THE BEGINNING

 

Although the original bioterrorism charges are now completely off the table, the

trial still promises to be financially and psychologically draining for the

defendants.

 

The international support of the defendants by artists, scientists and other

citizens has been remarkable; it is crucial that this support continue as the

government extends this outrageous and wasteful persecution into a grueling

trial.

 

To donate to the defense fund, please visit

http://caedefensefund.org/donate.html.

Updates on the case will be posted at http://www.caedefensefund.org/.

To receive more frequent

updates by email, please join

CAE_Defense/.

 

 

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