Free of Charges at Last!

Steven Kurtz Cleared of Charges

04.21.08 - The Associated Press reports that a judge has dismissed charges against Steven Kurtz, a college professor accused of illegally obtaining biological materials for an art exhibit protesting US government food policies. District Judge Richard Arcara ruled that a mail and wire fraud indictment brought nearly four years ago against the University at Buffalo professor, was "insufficient on its face." Kurtz is a founding member of the Critical Art Ensemble, which has used human DNA and other biological materials in works meant to draw attention to political and social issues. His arrest drew international attention, with artists in several countries protesting the charges as an intrusion on artistic freedom. He became the target of a federal terrorism investigation in May 2004 when firefighters found the materials — two kinds of bacteria — and equipment they deemed suspicious after a 911 call to his home. Kurtz had called to report that his wife was dead from an apparent heart attack. Investigators later determined that the lab equipment used for DNA extraction and amplification equipment was part of his artwork and that Hope Kurtz died naturally. But Kurtz was indicted a month later on mail and wire fraud charges that carried a maximum of twenty years in prison.

Kurtz was accused of plotting with Robert Ferrell, the former chairman of the University of Pittsburgh's human genetics department, to improperly obtain potentially harmful organisms. Prosecutors said Ferrell used his university account to order bacteria for Kurtz from a supply lab that does not do business with individuals. In February, Ferrell was fined $500 but escaped a prison sentence after pleading guilty to a misdemeanor count of mailing an injurious article to Kurtz. Under sentencing guidelines, he could have received up to six months in prison and a $5,000 fine if convicted.

This had been going on for years now. And, what a cost to friends and family. Steve Kurtz is a person I respect and, this decision is great news! I tried to work with him one semester during grad school however, I ended up working with Doug Ashford based on the limited number of students each of them had to work with.