A federal judge dismissed charges of mail and wire fraud against Steven Kurtz, a UB professor in the Department of Visual Studies, ending his four-year long ordeal on Monday.
US District Judge Richard J. Arcara dropped all criminal indictments alleging that Kurtz illegally acquired biological material in May 2004.
Kurtz claims that the dismissal of the charges confirms the innocence he has maintained since the start of his case.
"I think that the judge's decision that the indictment was insufficient on its face proves that. What the judge is saying is that even the indictment alleges no crime," Kurtz said.
For Kurtz, the decision is bittersweet because he does not believe this legal battle is over.
"I feel somewhat vindicated, but since the prosecution can appeal and probably will, I am not out of the woods yet. This may only be the beginning of the end," Kurtz said. "The process just takes a very long time. If you don't accept the terms that prosecution wants for trial and make a challenge, you lose your right to a speedy trial and are dropped into a bureaucratic hell that seems endless."
Jim Holstun, a UB English professor and Kurtz supporter, believes Judge Acara's decision is immense, though late.
"This is good news for Professor Kurtz, good news for UB and the community, and good news for everyone who values free speech and civil liberties," Holstun said. "I hope that people in the US attorney's office in Buffalo will now spend more time doing their jobs, and less time polishing their resumes in hopes of a cushy position in Washington."
Robert Ferrell, the former head of the Department of Genetics at the University of Pittsburgh (Pitt), was also indicted because of the incident.
Ferrell allegedly obtained biological materials, serratia marcescens and bacillus atrophaeus, through the American Type Culture Collection (ATCC) with a Pitt account after Kurtz requested them from him, according to the US indictment.
These charges were founded when US federal investigators were called into Kurtz's home in Allentown, Buffalo after he called an ambulance for his wife, Hope, who died from heart failure.
Police who responded to Professor Kurtz's 911 call deemed the laboratory equipment suspicious and called the Federal Bureau of Investigation (FBI). FBI agents in hazardous-material suits combed through the house and left with biological materials, art projects and personal belongings.
According to the Critical Art Ensemble (CAE) Defense Fund, established to support Kurtz, the FBI is still in possession of tens of thousands of dollars of Kurtz's property, yet no public risk or toxic materials were found in the house.
In response to the prosecution of the artist, there have been many publications written and groups formed.
The CAE Defense Fund was founded the night the Joint Terrorism Task Force seized Kurtz's projects at the Massachusetts Museum of Contemporary Art (Mass. MoCA). The subpoena used at Mass. MoCA to seize the projects was based on the event ticket, which had Arabic writing printed on it. The Arabic writing was considered evidence according to Lucia Sommer, the coordinator of the CAE Defense Fund, who witnessed the scene.
"It was ridiculous," she said.
According to Sommer, Kurtz's supporters will continue to work towards his freedom if needed.
"We are very happy with Judge Arcara's decision to throw the case out, because Dr. Kurtz never did anything wrong. He's completely innocent," Sommer said. "We're happy that the court listened to us and came to the appropriate decision in this case. We hope that this is the end of it."
Kurtz worked with members of the scientific community to ensure accurate and harmless results while working as part of CAE, which he founded with his wife, according to the CAE Defense Fund Web site.
"The materials they use are strictly non-hazardous, can be legally obtained by anyone, and are commonly found in undergraduate level biology labs," Sommer said. "Dr. Kurtz and CAE's projects are recognized by artists, scientists, and institutions worldwide as thorough, investigative, educative and safe."
Support for Kurtz also came from the movie industry when filmmaker Lynn Hershman Leeson dramatized the story behind Kurtz's prosecution in her critically acclaimed documentary, Strange Culture.
News of the charge dismissals on Monday night was heartening for Leeson, but not completely satisfying.
"I do not think it is over. But if it is, then, it is wonderful news. I think the film did bring awareness of this situation and if it helped in any way, I'm very proud," Leeson said.
Kurtz also received support from the 33,000 SUNY employees including UB staff and faculty in the United University Professions (UUP) union.
"It was a preposterous case in the first place because you have a situation where a person's wife dies and they charge him in that circumstance with supposed criminal act," said Paul Zarembka, an economics professor and grievance officer for academics in UUP. "It was obviously initiated in the context of restricting civil liberties under the Bush administration."
Kurtz was teaching while awaiting trial and was promoted to a full professor a couple weeks ago, according to Sommer who has been a friend and supporter of Kurtz from the start of the accusations.
Kurtz is internationally acclaimed and respected by artists for his award-winning, innovative artwork. Kurtz's work with CAE has won him numerous awards including the Andy Warhol Foundation Wynn Kramarsky Freedom of Artistic Expression Grant in recognition of 20 years of distinguished work.
Photo: Courtesy of Laron Fomby
