"The $256 Question"
Stan Cox, AlterNet
By prosecuting Steven Kurtz and Robert Ferrell, is the Justice Department trying
to clamp a lid on political art or looking to chalk up a win by exploiting fears
of bioterrorism?
S. marcescens: Dangerous Bacteria or Harmless Art Material?
The way William Hochul sees it, the situation couldn't be simpler: "We take an
oath to follow the Constitution and enforce the law. The law says you can't
acquire any property by fraud — whether it's a gun or an automobile or
something biological, it doesn't matter."
As an assistant U.S. attorney for the Western District of New York, based in
Buffalo, Hochul is leading the prosecution of Steven Kurtz and Robert Ferrell,
who were indicted a little over a year ago for mail and wire fraud. Kurtz, a
professor of art at the University of Buffalo and co-founder of the
internationally acclaimed Critical Art Ensemble (CAE), is accused of obtaining
bacterial cultures illegally through the mail.
Ferrell, a geneticist and professor at the University of Pittsburgh, allegedly
provided Kurtz the organisms for use in an artwork, rather than using them in
his own research, thereby violating an agreement he had signed when he
purchased the cultures for $256 from the American Type Culture Collection
(ATCC).
Although Hochul doesn't say so, this has to be a frustrating time for him. Last
spring, he and the Terrorism Division that he heads appeared to be setting
their sights on a big-time conviction. Federal agents in biohazard suits had
confiscated laboratory equipment and bacterial cultures from Kurtz's home. And
they had served subpoenas — under the U.S. Biological Weapons Anti-Terrorism
Act — on several of Kurtz's colleagues and a company [Autonomedia] that publishes CAE's
books.