[Below, printed in its entirety, the text of a Critical Art Ensemble Defense Fund press release.]SICKNESS, "ABSURD" DOJ PROSECUTION FORCE SCIENTIST TO PLEAD IN PRECEDENT-SETTING CASE
Scientist's Wife and Daughter Comment on CaseBuffalo, NY - Today in Federal District Court, Dr. Robert Ferrell,
Professor of Human Genetics at the University of Pittsburgh Graduate
School of Public Health, under tremendous pressure, pled guilty to
lesser charges rather than facing a prolonged trial for federal
charges of "mail fraud" and "wire fraud" in a surreal post-PATRIOT
Act legal case that has attracted worldwide attention.
"From the beginning, this has been a persecution, not a prosecution.
Although I have not seen the final agreement, the initial versions
contained incorrect and irrelevant information," said Dr. Dianne
Raeke Ferrell, Dr. Ferrell's wife and an Associate Professor of
Special Education and Clinical Services at Indiana University of
Pennsylvania. "Bob is a 27 year survivor of non-Hodgkin's lymphoma
which has reoccurred numerous times. He has also had malignant
melanoma. Since this whole nightmare began, Bob has had two minor
strokes and a major stroke which required months of rehabilitation."
Dr. Ferrell added that her husband was indicted just as he was
preparing to undergo a painful and dangerous autologous stem cell
transplant, the second in 7 years.
The Ferrells' daughter, Gentry Chandler Ferrell, added: "Our family
has struggled with an intense uncertainty about physical, emotional
and financial health for a long time. Agreeing to a plea deal is a
small way for dad to try to eliminate one of those uncertainties and
hold on a little longer to the career he worked so hard to develop...
Sadly, while institutions merely are tarnished from needless
litigation, individuals are torn apart. I remain unable to wrap my
mind around the absurdity of the government's pursuit of this case
and I am saddened that it has been dragged out to the point where my
dad opted to settle from pure exhaustion." (To read Gentry Ferrell's
full statement, please visit:
http://caedefensefund.org/press/ferrellplea.html)
Dr. Ferrell's colleague Dr. Steven Kurtz, founder of the
internationally acclaimed art and theater group Critical Art
Ensemble, was illegally detained and accused of "bioterrorism" by the
U.S. government in 2004 stemming from his acquisition from Dr.
Ferrell of harmless bacteria used in several of Critical Art
Ensemble's educational art projects. After a costly investigation
lasting several months and failing to provide any evidence of
"bioterrorism," the Department of Justice instead brought charges of
"mail fraud" and "wire fraud" against Kurtz and Ferrell. Under the
USA PATRIOT Act, the maximum penalty for these charges has increased
from 5 years to 20. (For more information about the case, please see
"Background to the Case" below or http://caedefensefund.org)
JURIDICAL ART CRITICISM?
The government is vigorously attempting to prosecute two defendants
in a case where no one has been injured, and no one has been
defrauded. The materials found in Dr. Kurtz's house were obtained
legally and used safely by the artist. After three and a half years
of investigation and prosecution, the case still revolves around
$256 worth of common science research materials that were used in
art works by a highly visible and respected group of artists. These
art works were commissioned and hosted by cultural institutions
worldwide where they had been safely displayed in museums and
galleries with absolutely no risk to the public.
The Government has consistently framed this case as an issue of
public safety, but the materials used by Critical Art Ensemble are
widely available, can be purchased by anyone from High School science
supply catalogues, and are regularly mailed.
PROFESSORS OF ART & SCIENCE EXPRESS ALARM
"The government's prosecution is an ill-conceived and misguided
attack on the scientific and artistic communities," said Dr. Richard
Gronostajski, Professor of Biochemistry at SUNY Buffalo, where
Professor Kurtz also teaches. "It could have a chilling effect on
future scientific research collaborations, and harm teaching efforts
and interactions between scientists, educators and artists."
"It's deeply alarming that the government could pressure someone of
Dr. Ferrell's stature into agreeing to something like this. The case
threatens all Americans' Constitutionally guaranteed right to
question the actions of their government," said Igor Vamos, Professor
of Integrated Electronic Arts at Rensselaer Polytechnic Institute.
PLEA COMES AMIDST OVERWHELMING PUBLIC SUPPORT FOR DEFENDANTS
The plea bargain agreement comes at a time of overwhelming public
support for the two defendants. A film about the case, Strange
Culture - directed by Lynn Hershman Leeson and featuring Tilda
Swinton (Chronicles of Narnia, Michael Clayton), Thomas Jay Ryan
(Eternal Sunshine of the Spotless Mind), and Peter Coyote (E.T., Erin
Brockovich) - has drawn widespread critical praise and public
interest, with screenings in dozens of U.S. cities after its
selection to open both the 2007 Human Rights Watch International Film
Festival and the Berlin International Film Festival documentary
section. An October 1 screening of the film at the Museum of Modern
Art in New York City drew a crowd of 400 who stayed for an hour
afterward for a discussion with Professor Kurtz, director Hershman
Leeson, and actress Tilda Swinton. Special benefit screenings of the
film in numerous cities have raised thousands of dollars to offset
the two defendants' escalating legal costs.
BACKGROUND TO THE CASE
The legal nightmare of renowned scientist Dr. Robert Ferrell and
artist and professor Dr. Steven Kurtz began in May 2004. Professor
Kurtz and his late wife Hope were founding members of the
internationally exhibited art and theater collective Critical Art
Ensemble. Over the past decade cultural institutions worldwide have
commissioned and hosted Critical Art Ensemble's participatory theater
projects that help the general public understand biotechnology and
the many issues surrounding it. In May 2004 the Kurtzes were
preparing a project examining genetically modified agriculture for
the Massachusetts Museum of Contemporary Art, when Hope Kurtz died of heart failure. Detectives who responded to Professor Kurtz's 911 call deemed the couple's art suspicious, and called the FBI. Within hours the artist was illegally detained as a suspected "bioterrorist" as dozens of federal agents in Hazmat suits sifted through his work and impounded his computers, manuscripts, books, his cat, and even his
wife's body.
CASE DEPLETES PUBLIC AND PRIVATE RESOURCES
The government has pursued this case relentlessly for three and a
half years, spending enormous amounts of public resources. Most
significantly, the legal battle has exhausted the financial,
emotional, and physical resources of Ferrell and Kurtz; as well as
their families and supporters. The professional and personal lives of
both defendants have suffered tremendously. A trial date has not yet
been established.
For more information about the case, including extensive
documentation, please visit
http://caedefensefund.org
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