\nFOR IMMEDIATE RELEASE
\n
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<\/p>\nJune 29, 2004
\nFOR IMMEDIATE RELEASE
\n<\/p>\n
Contact<\/a><\/p>\n “BIOTERROR” CHARGES DOWNGRADED TO “MAIL FRAUD” IN STEALTH INDICTMENT<\/b> Professor Steve Kurtz was charged today by a federal grand jury in Also indicted was Robert Ferrell, head of the Department of Genetics at The laws under which the indictments were obtained–Title 18, United This is a far cry from the bioterrorism charges originally sought by “There was very obviously no criminal intent,” said Kurtz attorney The U.S. District Attorney attempted to cast the issue as one of public At one point in the press conference, U.S. Attorney Hochul stated that Many believe the attempt to cast the $256 technicality as a public ONLY THE BEGINNING<\/b><\/p>\n Although the original bioterrorism charges are now completely off the The international support of the defendants by artists, scientists and To donate to the defense fund, please visit —<\/p>\n","protected":false},"excerpt":{"rendered":" June 29, 2004 FOR IMMEDIATE RELEASE Contact “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 […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/posts\/62"}],"collection":[{"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/comments?post=62"}],"version-history":[{"count":0,"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/posts\/62\/revisions"}],"wp:attachment":[{"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/media?parent=62"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/categories?post=62"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.constantvzw.org\/wp-json\/wp\/v2\/tags?post=62"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nU.S. Attorneys attempt to cast $256 technicality as health and safety
\nissue in “stealth” indictment<\/p>\n
\nBuffalo, New York–not with bioterrorism, as listed on the Joint
\nTerrorism Task Force’s original search warrant and subpoenas, but with
\n“petty larceny,” in the words of Kurtz attorney Paul Cambria. (See
\nhttp:\/\/www.caedefensefund.org\/<\/a> for background.)<\/p>\n
\nthe University of Pittsburgh’s School of Public Health. The charges
\nconcern technicalities of how Ferrell helped Kurtz to obtain $256
\nworth of harmless bacteria for one of Kurtz’s art projects.<\/p>\n
\nStates Code, sections 1341 and 1343, covering mail and wire fraud–are
\nnormally used against those defrauding others of money or property, as
\nin telemarketing schemes.<\/p>\n
\nthe District Attorney. To make a “federal case” out of such minor
\nallegations, the District Attorney will have the burden of proving
\ncriminal intent.<\/p>\n
\nCambria. “The intent was to educate and enlighten.” Cambria suggested
\nthat the pursuit of such a minor case at the federal level was
\nprofoundly absurd. “If the University of Pittsburgh feels that there
\nwas a contract breach, then their remedy is to sue Steve for $256 in a
\ncivil court.”
\n
\nA STEALTH INDICTMENT<\/b><\/p>\n
\nhealth and safety in a public press conference called without the
\nknowledge of either defendant’s lawyers, thus eliminating the chance of
\nrebuttal. During the conference, parts of which were broadcast on local
\nBuffalo news channels, U.S. Attorney William Hochul and U.S. District
\nAttorney Michael Battle repeatedly alluded to “dangerous” and
\n“bio-hazardous material,” even though the charges have nothing to do
\nwith such issues, and scientists universally regard the materials in
\nquestion as safe.<\/p>\n
\nSerratia marcescens, one of the two bacteria ordered by Ferrell, “is in
\nfact a dangerous material in that it can cause pneumonia.” Serratia
\ncannot cause pneumonia, only aggravate it in someone who already has
\nit, and very rarely at that. Furthermore, it would be hard to
\ncharacterize as a “dangerous material” something that high school
\nstudents routinely use in biology class experiments. (Easily trackable
\nby its bright red color, S. marcescens is commonly used to demonstrate
\nthe many ways microbes can be destroyed–e.g. with household bleach.
\nThe other bacterium, Bacillus globigii, is also used in experiments as
\na stand-in for dangerous microbes–precisely because it is harmless.)<\/p>\n
\nhealth and safety issue is a face-saving measure by the government,
\nwhich has already expended an enormous amount of time and money in
\ntheir fruitless pursuit of this case.<\/p>\n
\ntable, the trial still promises to be financially and psychologically
\ndraining for the defendants.<\/p>\n
\nother citizens has been remarkable; it is crucial that this support
\ncontinue as the government extends this outrageous and wasteful
\npersecution into a grueling trial.<\/p>\n
\nhttp:\/\/caedefensefund.org\/donate.html<\/a> . Updates on the case will be
\nposted at http:\/\/www.caedefensefund.org\/<\/a>. To receive more frequent
\nupdates by email, please join
\n http:\/\/groups.yahoo.com\/group\/CAE_Defense\/<\/a>. <\/p>\n