UPDATE

Kafkaesque investigation of Critical Art Ensemble members ends up with indictments for petty larceny

US authorities have been forced to abandon an attempt to use post-S11 legislation against activists. Steve Kurtz, an art professor accused of bio-terrorism, has been finally indicted – but only with “petty larceny”.

Kurtz was detained on May 11, after police stumledb across some test tubes and petri dishes in the house. Over the next few days, dozens of agents in protective suits, from a number of law enforcement agencies, sifted through his work, analyzing it on-site and impounding computers, manuscripts, books and equipment. Kurtz is a member of the internationally-acclaimed Critical Art Ensemble (CAE), an artists' collective that produces artwork to educate the public about the politics of biotechnology. The equipment seized by the FBI consisted mainly of CAE's most recent project, “Free Range Grains”. This is a mobile DNA extraction laboratory to test store-bought food for possible contamination by genetically modified grains and organisms. Such equipment can be found in any university's basic biology lab and even in many high schools. Kurtz was also in the midst of researching the issue of biological warfare and bioterrorism. He had many books on the subject and had legally acquired three harmless types of bacteria commonly used as educational tools in schools and biology departments: bacillus globigii, serratia marcenscens and a benign strain of e.coli.

While most observers assumed the Task Force would realize that its initial investigation was a terrible mistake, a grand jury to indict Kurtz was convened. Over 15 people were subpoenaed by the FBI, who reported it was seeking charges under Section 175 of the US Biological Weapons Anti-Terrorism Act of 1989, which has been expanded by the USA PATRIOT Act.

Now, a federal grand jury in Buffalo, New York, has indicted Kurtz and 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 the harmless bacteria for his projects. 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 Paul Cambria, “The intent was to educate and enlighten. 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”.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. 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. CAE activists are asking for support to continue “as the government extends this outrageous and wasteful persecution into a gruelling trial”.

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