Federal Judge Dismisses Charges against Kurtz

By Joyce Kryszak

Buffalo, NY – A four-year long war between the art community and the government could be over. A federal judge Monday dismissed all charges of mail and wire fraud against UB art professor Steven Kurtz.

Police seized what they called "dangerous" biological materials after responding to an emergency call at Kurtz's home in 2004, following the death of his wife. Prosecutors argued in their indictment that the bacteria was shipped illegally to Kurtz for use in his art exhibits. But after taking a month to review the facts, Justice Richard Arcara ruled that the indictment is "insufficient on its face."

Lucia Sommer heads the Critical Art Ensemble Defense Fund that has supported Kurtz's legal fight. She called it a great, and somewhat surprising, victory.

Federal prosecutors declined comment, saying they were still reviewing the judge's decision. The government could appeal in the case. Sommer would not comment on that possibility. However, she did say the Defense Fund will be around as long as its needed.

Kurtz's co-defendant Robert Ferrell was given a minimal sentence in February after pleading guilty to a misdemeanor. He has suffered several strokes and a lymphoma relapse since the case began.

The Defense Fund has spent more than $250,000 so far in both cases.

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