Guest guest Posted July 10, 2004 Report Share Posted July 10, 2004 > GMW:_FBI_HARASSMENT_CONTINUES > " GM_WATCH " <info > Sat, 10 Jul 2004 17:56:02 +0100 > > GM WATCH daily > http://www.gmwatch.org > ------ > CAE had intended to use the bacteria concerned in a > project critiquing the history of US involvement in > germ warfare experiments, including the Bush > administration's earmarking of hundreds of millions > of dollars to erect high-security laboratories > around the country. Many eminent scientists likewise > view these plans as a recipe for catastrophe. > > " I'm concerned about them from the standpoint of > science, safety, security, public health and > economics, " writes Dr. Richard Ebright, lab director > at Rutgers University's Waksman Institute of > Microbiology and a Howard Hughes Medical Institute > investigator. " They lose on all counts " > ------- > Press Release: July 8th, 2004 > FBI HARASSMENT CONTINUES--ARTIST FACES 20-YEAR > CHARGES > Kurtz and Ferrell face 20-year charges of mail and > wire fraud in federal court arraignment > http://www.caedefensefund.org/overview.html#070804 > > FOR IMMEDIATE RELEASE > > Contact: media > > Dr. Steven Kurtz, Associate Professor of Art at the > University of Buffalo, was arraigned and charged in > Federal District Court in Buffalo today on four > counts of mail and wire fraud (United States > Criminal Code, Title 18, United States Code, > Sections 1341 and 1343), which each carry a maximum > sentence of 20 years in prison. > > The arraignment of Dr. Robert Ferrell, Professor of > Genetics at the University of Pittsburgh, who was > indicted along with Kurtz, has been postponed for a > week for health reasons. > > The defendants were charged not with bioterrorism, > as listed on the Joint Terrorism Task Force's > original search warrant and subpoenas, but with a > glorified version of " petty larceny, " in the words > of Kurtz attorney Paul Cambria. The laws under which > the indictments were obtained are normally used > against those defrauding others of money or > property, as in telemarketing schemes. Historically, > these laws have been used when the government could > not prove other criminal charges. (See > http://www.caedefensefund.org/ for background and > full text of indictment. > > Under the arraignment conditions, Kurtz is subject > to travel restrictions, random and scheduled visits > from a probation officer, and periodic drug tests. > > ARRAIGNMENT DETAILS > > The courtroom was packed with press as Steve Kurtz > and his lawyer Paul Cambria arrived. The proceedings > lasted almost two hours. The charges are the same as > in the http://www.caedefensefund.org/indictment.pdf > indictment. Kurtz pleaded " not guilty. " Most of the > court time was devoted to working out the > restrictions on the accused (or shall we call him > the perp? He certainly did a good perp walk > yesterday). > > It is important to note that the harassment which > continues to characterize this case was evident in > the courtroom also. Prosecutor Hochul had filled the > jury box with invitees from the FBI and Joint > Terrorist Task Force (Department of Defense) guys > (they were recognized by Cambria and another > lawyer). Since they were not there to give > testimony, the purpose of their presence seemed to > be to make the situation look more serious legally > than it is, thereby hoping to influence the judge to > make harsher conditions for the accused. However, > the judge did not seem to be intimidated. > > Steve will have to see a probation officer every > week, and is subject to random visits and > inspections by the officer to his home. He is also > subject to random drug testing and may have to wear > a drug patch. He can travel within the continental > United States but has to get special permission for > foreign travel (which he can do only for business or > family reasons, surrendering his passport every time > he returns to the US). He also has to get special > permission for any travel that would interrupt > meeting with the probation officer. Steve will be > allowed to order more " biological materials, " but > will have to first alert his US probation office, > his University Health and Bio-safety officer and his > lawyer, Paul Cambria. > > Upon being booked, Steve did not have to post > bond--if he violates any of the conditions he will > have to pay a $1000 fine. He is obligated to report > parking tickets or any other official problem, or > any interaction with law enforcement authorities. > Upon arraignment Steve was finger-printed, > photographed, and he gave a urine sample for drug > testing. He passed the test! > > Steve is still not talking to the press. The next > court date is July 28--Ferrell's arraignment, which > will include a discussion of the trial. > > EMINENT SCIENTISTS CONFUSED AND ALARMED > > A great number of people are wondering why this > seemingly absurd case is still being pursued. > > " I am absolutely astonished, " said Donald A. > Henderson, Dean Emeritus of the Johns Hopkins > University School of Hygiene and Public Health and > resident scholar at the Center for Biosecurity of > the University of Pittsburgh Medical Center. > Henderson was awarded the Presidential Medal of > Freedom by President Bush for his work in heading up > the World Health Organization smallpox eradication > program and was appointed by the Bush administration > to chair the National Advisory Council on Public > Preparedness. > > " Based on what I have read and understand, Professor > Kurtz has been working with totally innocuous > organisms... to discuss something of the risks and > threats of biological weapons--more power to him, as > those of us in this field are likewise concerned > about their potential use and the threat of > bio-terrorism. " Henderson noted that the organisms > involved in this case--Serratia marcescens and > Bacillus atrophaeus--do not appear on lists of > substances that could be used in biological > terrorism > (http://newstandardnews.net/content/?action=show_item & itemid=646). > > University of California at San Diego Professor of > Design Engineering Natalie Jeremijenko noted that > scientists ship materials to each other all the > time. " I do it, my lab students do it. It's a basis > of academic collaboration.... They're going to have > to indict the entire scientific community. " > > Perhaps with such an outcome in mind, preeminent > science magazine Nature has called on scientists to > support Kurtz. " As with the prosecution of some > scientists in recent years, it seems that government > lawyers are singling Kurtz out as a warning to the > broader artistic community.... Art and science are > forms of human enquiry that can be illuminating and > controversial, and the freedom of both must be > preserved as part of a healthy democracy--as must a > sense of proportion " > (http://www.caedefensefund.org/press/CAEed.pdf). > FACE-SAVING MEASURE OR WARNING TO ARTISTS? > > Some believe that the entire case is merely a > face-saving tactic by the FBI: " Recently, federal > agents arrested University at Buffalo art professor > Steven Kurtz, implying he was a bioterrorist. Now, > officials have downgraded that to a mail fraud > charge.... The FBI always gets its man, even if it > has to change its charge. Jaywalkers, beware " > (http://www.buffalonews.com/editorial/20040707/3028537.asp). > > Others, like the editors of Nature quoted above, see > the intent as much more insidious. " It's really > going to have a chilling impact on the type of work > people are going to do in this arena, and other > arenas as well, " noted Stephen Halpern, a SUNY > Buffalo law professor who specializes in > Constitutional law > (http://newstandardnews.net/content/?action=show_item & itemid=646). > > Professors and staff from the University of > California system express similar fears. " We are > both extremely concerned and disturbed that the > prosecution of the CAE members and research > colleagues is continuing.... We see here a pattern > of behavior that leads to the curtailing of academic > freedom, freedom of artistic expression, freedom of > interdisciplinary investigation, freedom of > information exchange, freedom of knowledge > accumulation and reflection, and freedom of bona > fide and peaceful research. All of which are > fundamental rights and cornerstones of a modern > academic environment. " > > " Kurtz's materials are politically, not physically, > dangerous, " said Mary-Claire King, the University of > Washington geneticist who first proved the existence > of a gene for hereditary breast cancer. " They [steve > Kurtz and the Critical Art Ensemble] re-create > [scientific] ideas using their own way of imaging, > and then say, 'Maybe you'd like to look at it this > way.' To me, that's teaching. It does not seem to me > to threaten homeland security. In fact, I would be > threatened to live in a homeland in which that was > perceived to be a threat " > (http://www.tribnet.com/entertainment/story/5238040p-5173016c.html). > > CAE had intended to use the bacteria concerned in a > project critiquing the history of US involvement in > germ warfare experiments, including the Bush > administration's earmarking of hundreds of millions > of dollars to erect high-security laboratories > around the country. Many eminent scientists likewise > view these plans as a recipe for catastrophe. " I'm > concerned about them from the standpoint of science, > safety, security, public health and economics, " > writes Dr. Richard Ebright, lab director at Rutgers > University's Waksman Institute of Microbiology and a > Howard Hughes Medical Institute investigator. " They > lose on all counts " > (http://www.nytimes.com/2004/06/29/science/29cont.html). > > In a letter to the FBI, the PEN American Freedom to > Write committee writes that " PEN supports strong, > targeted laws to apprehend terrorists and those who > would carry out terrorist attacks. In seeking to > meet the terrorist threat, however, we must not give > in to the impulse to censor or ban whole bodies of > basic knowledge. The tools of terrorists are the > tools of modern life, and many of these tools, > including biotechnology, have wide-ranging, > non-criminal applications. They also pose > challenging ethical and policy questions, which it > is both the right and responsibility of a free > society to consider. Arts such as literature and > performance are indispensable tools that often serve > to stimulate and advance public awareness and > understanding of otherwise arcane bodies of > knowledge.... Actions [of the FBI and the Joint > Terrorism Task Force] could exert a chilling effect > on kinds of speech that clearly enjoy full First > Amendment protection. You have pledged to carry out > antiterrorism efforts without compromising civil > liberties and constitutional protections. " > > Innumerable other scientists, artists, institutions, > and others have written letters of support for Kurtz > and Ferrell. A number of these can be viewed at > http://www.caedefensefund.org/letters.html. > > INVESTIGATION CONTINUES > > Even after today's arraignment, the FBI's > investigation of Kurtz and Ferrell is not over. The > grand jury is still hearing testimony of subpoenaed > witnesses including Autonomedia, an independent > publisher who has published five CAE books > (http://www.autonomedia.org/). Autonomedia, summoned > to appear in court on July 13 and to submit all > records and editorial correspondence pertaining to > their dealings with CAE, is represented by the New > York Civil Liberties Union with an amicus curiae > brief from the American Booksellers Committee for > Free Expression. > > Organizers and supporters of the defense committee > have pledged to continue their information, > education, and protest activities. Several campuses > have already organized teach-ins on the case in the > fall, and fund-raisers and speak-outs are scheduled > in Chicago, London, New York, and other cities > throughout July and August. > > 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/. > > Read the Background on CAE and Bio-Art written and > compiled by Claire Pentecost. > Read the Historical Background of the US Biowarfare > Program written by Eugene Thacker. > See how middle school kids can handle the same > bacteria that made the FBI go after CAE > Read the indictment > > > Quote Link to comment Share on other sites More sharing options...
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