Fellow Bareners,
This item does not have anything to do with woodblock printmaking.
However, it does have a lot to do with artists, which I believe most of
us are, and affects the way we are allowed to practice our craft in the
USA. I hope it will pass the Inspector General, or whoever, and some
of you will be moved to help these people meet their legal fees. I
hope this message will be considered of interest to all artists and not
as a "political" (expletive) message. I believe we must assume
personal responsibility for protecting our legal rights when they are
threatened. If we don't, who will?
Sharri
> "BIOTERROR" CHARGES DOWNGRADED TO "MAIL FRAUD" IN STEALTH INDICTMENT
> U.S. Attorneys attempt to cast $256 technicality as health and safety
> issue in "stealth" indictment
>
> Professor Steve Kurtz was charged today by a federal grand jury in
> Buffalo, New York--not with bioterrorism, as listed on the Joint
> Terrorism Task Force's original search warrant and subpoenas, but with
> "petty larceny," in the words of Kurtz attorney Paul Cambria. (See
>
http://www.caedefensefund.org/ for background.)
>
> Also indicted was 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 harmless bacteria for one of Kurtz's art projects.
>
> The laws under which the indictments were obtained--Title 18, United
> States Code, sections 1341 and 1343, covering mail and wire fraud--are
> normally used against those defrauding others of money or property, as
> in telemarketing schemes.
>
> This is a far cry from the bioterrorism charges originally sought by
> the District Attorney. 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
> Cambria. "The intent was to educate and enlighten." Cambria suggested
> that the pursuit of such a minor case at the federal level was
> profoundly absurd. "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."
>
> A STEALTH INDICTMENT
>
> The U.S. District Attorney attempted to cast the issue as one of
> public
> health and safety in a public press conference called without the
> knowledge of either defendant's lawyers, thus eliminating the chance
> of
> rebuttal. During the conference, parts of which were broadcast on
> local
> Buffalo news channels, U.S. Attorney William Hochul and U.S. District
> Attorney Michael Battle repeatedly alluded to "dangerous" and
> "bio-hazardous material," even though the charges have nothing to do
> with such issues, and scientists universally regard the materials in
> question as safe.
>
> At one point in the press conference, U.S. Attorney Hochul stated that
> Serratia marcescens, one of the two bacteria ordered by Ferrell, "is
> in
> fact a dangerous material in that it can cause pneumonia." Serratia
> cannot cause pneumonia, only aggravate it in someone who already has
> it, and very rarely at that. Furthermore, it would be hard to
> characterize as a "dangerous material" something that high school
> students routinely use in biology class experiments. (Easily trackable
> by its bright red color, S. marcescens is commonly used to demonstrate
> the many ways microbes can be destroyed--e.g. with household bleach.
> The other bacterium, Bacillus globigii, is also used in experiments as
> a stand-in for dangerous microbes--precisely because it is harmless.)
>
> 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.
>
> ONLY THE BEGINNING
>
> 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; it is crucial that this support
> continue as the government extends this outrageous and wasteful
> persecution into a grueling trial.
>
> To donate to the defense fund, please visit
>
http://caedefensefund.org/donate.html. Updates on the case will be
> posted at
http://www.caedefensefund.org/. To receive more frequent
> updates by email, please join
>
http://groups.yahoo.com/group/CAE_Defense/.
>
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>
> Rhizome.org is a 501(c)(3) nonprofit organization and an affiliate of
> the New Museum of Contemporary Art.
>
> Rhizome Rare is supported by grants from the Rockefeller Foundation,
> the
> Andy Warhol Foundation for the Visual Arts, and with public funds from
> the New York State Council on the Arts, a state agency.
>
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