[spectre] JUDGE DISMISSES MAIL FRAUD CASE AGAINST BIO-ARTIST KURTZ

[Ewen Chardronnet]

April 21, 2008

CONTACTS:
Email: media at caedefensefun

d.org
Edmund Cardoni: (716) 854-1694
Lucia Sommer: (716) 359-3061

JUDGE DISMISSES MAIL FRAUD CASE AGAINST BIO-ARTIST KURTZ

Buffalo, NY—A process that has taken nearly four years may be coming to 
an end. On Monday, April 21, Federal Judge Richard J. Arcara ruled to 
dismiss the indictment against University at Buffalo Professor of Visual 
Studies Dr. Steven Kurtz.

In June 2004, Professor Kurtz was charged with two counts of mail fraud 
and two counts of wire fraud stemming from an exchange of $256 worth of 
harmless bacteria with Dr. Robert Ferrell, Professor of Human Genetics 
at the University of Pittsburgh Graduate School of Public Health.

Dr. Kurtz planned to use the bacteria in an educational art exhibit 
about biotechnology with his award-winning art and theater collective, 
Critical Art Ensemble.

Professor Kurtz’ lawyer, Paul Cambria, said that his client was “pleased 
and relieved that this ordeal may be coming to an end.”

The prosecution has the right to appeal this dismissal. How the 
prosecution will proceed is unknown at this time. If an appeal were 
undertaken the case would move to the New York Second Circuit Court of 
Appeals in New York City.

Lucia Sommer, Coordinator of the CAE Defense Fund, which raises funds 
for Kurtz’ legal defense, said, “We are all grateful that after 
reviewing this case, Judge Arcara took appropriate action.” She added 
that “this decision is further testament to our original statements that 
Dr. Kurtz is completely innocent and never should have been charged in 
the first place.”

BACKGROUND ON DR. STEVEN KURTZ AND CRITICAL ART ENSEMBLE

Critical Art Ensemble (which Kurtz co-founded in 1987 with Steven 
Barnes) has won numerous awards for its bio-art, including the 
prestigious 2007 Andy Warhol Foundation Wynn Kramarsky Freedom of 
Artistic Expression Grant, honoring more than two decades of 
distinguished work. The group has been commissioned to exhibit and 
perform in many of the world's cultural institutions—including the 
London Museum of Natural History; The ICA, London; the Whitney Museum 
and the New Museum in NYC; the Corcoran Museum of Art in Washington, DC; 
Schirn Kunsthalle, Frankfurt; Musée d'Art Moderne de la Ville de Paris; 
der Volksbüne, Berlin; ZKM, Karlsruhe; El Matadero, Madrid; Museum of 
Contemporary Art, Helsinki; Museo de Arte Carrilo Gil, Mexico City and 
many more.

For more information about the case, please visit: caedefensefund.org

###