[spectre] Fw: <nettime> CIVIL DISPUTES SHOULD BE FEDERAL CRIMES, PROSECUTOR ARGUES

[Aliette Guibert]

----- Original Message ----- 
From: "CAE Defense Fund" <hearingpr at caedefensefund.org>
To: "nettime-l-bbs.thing.net" <nettime-l at bbs.thing.net>
Sent: Wednesday, May 18, 2005 9:53 AM
Subject: <nettime> CIVIL DISPUTES SHOULD BE FEDERAL CRIMES, PROSECUTOR
ARGUES


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> May 17, 2005
> FOR IMMEDIATE RELEASE
>
> BREACHES OF CIVIL CONTRACTS SHOULD BE FEDERAL CRIMES, PROSECUTOR ARGUES
> Judge calls proposal "Pandora's Box"; defense calls for dismissal
>
> Today in Buffalo, Judge Kenneth Schroeder heard motions to dismiss a
> federal criminal case against artist Steven Kurtz. Professor Kurtz was
> charged with mail and wire fraud last summer after prosecutors found
> nothing to support their original allegations of bioterrorism. (Please
> see http://www.caedefensefund.org/faq.html for an overview of the case.)
>
> In today's hearing, defense attorney Paul Cambria argued that a
> dangerous precedent would be set by "exalting" into a federal criminal
> case of wire and mail fraud what is at best a minor, civil contract
> issue--the purchase of the bacterium Serratia marcescens by scientist
> Robert Ferrell for use by Kurtz in his artwork.
>
> Judge Schroeder seemed to agree, asking Federal Assistant District
> Attorney William Hochul whether an underaged youth who uses the
> internet to purchase alcohol across state lines, for example, should be
> subject to federal wire fraud charges. "Yes," Hochul answered after
> some hedging, and Schroeder chuckled. "Wow, that really opens up a
> Pandora's Box, wouldn't you say?" he asked Hochul.
>
> Schroeder also asked Hochul whether there is any federal regulation at
> all (OSHA, EPA, or other) concerning Serratia. Hochul admitted there
> wasn't. (The alleged danger of Serratia forms the basis of the
> government's argument for making this a criminal case, rather than
> simply allowing the bacterium's provider to pursue civil remedies if it
> feels it was wronged.)
>
> Cambria further argued that the FBI intentionally misled a judge into
> issuing the original search warrant. That judge was never told of
> Kurtz's lengthy, credible and complete explanation of what the seized
> bacterial substances were being used for, nor of the fact that Kurtz
> tasted Serratia in front of an officer to prove it was harmless. Also,
> the judge was told of Kurtz's possession of a photograph of an exploded
> car with Arabic writing beside it, but not of the photograph's context:
> an invitation to an important museum art show. The photograph, by
> artists the Atlas Group, was one of several exhibited pieces pictured
> on the invitation.
>
> Because of the photo, the judge issued a warrant calling for the
> seizure of anything with Arabic writing. "Would that have included the
> Koran?" Judge Schroeder asked Hochul at today's hearing. "Nothing in
> Arabic was in fact seized," Hochul replied. Schroeder repeated the
> question, and Hochul admitted that the Koran would have been seized,
> "if the officers hadn't recognized what it was."
>
> Today's apparent courtroom victory for Cambria does not mean that Judge
> Schroeder will grant any of the defense motions. And if he does, it is
> certain that the prosecution will appeal the decision--"all the way to
> the Supreme Court if they can," according to Cambria.
>
> Whatever the outcome of today's hearing, it will not come quickly:
> rulings in such hearings typically take two or three months. The
> defense has so far cost $60,000 for Kurtz alone; as for the taxpayer
> bill, it is well into the millions.
>
> See also
>
http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--artvsterror0517may17,0,4577499.story?coll=ny-region-apnewyork
>
> CONTACT: mailto:media at caedefensefund.org
>
> For more information on the case, or to make a donation to the CAE
> Defense Fund, please visit http://www.caedefensefund.org/
>
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