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.
