What could possibly have made Steve so curious about biology?
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Bacteria in home of art professor spurs indictment on fraud charges
Genetics scholar from Pittsburgh also indicted
By DAN HERBECK
News Staff Reporter
6/30/2004
In a case that has angered the art world and raised concerns about academic
freedom, the federal government obtained mail fraud and wire fraud
indictments Tuesday against University at Buffalo art professor Steven Kurtz
and the chairman of the University of Pittsburgh's human genetics
department.
Kurtz, 46, and Robert E. Ferrell, 60, are accused of illegally scheming to
use Ferrell's position with the University of Pittsburgh to obtain two
bacterial agents that were found last month in Kurtz's home laboratory on
College Street.
Kurtz's attorney said the bacteria were harmless, and authorities made no
allegation that the men intended to use the bacteria for terrorism, but U.S.
Attorney Michael A. Battle said the investigation is continuing.
Federal prosecutors and agents call the indictments a case of protecting
the public safety in post-9/11 America.
Kurtz's supporters in the art world accuse U.S. Attorney General John D.
Ashcroft of making a heavy-handed attack on free speech and artistic
expression.
"This case has nothing to do with artistic expression and everything to do
with public safety," Battle responded. "Regardless of the plans these two
men had for these materials, we can't allow people to buy and distribute
bacterial agents like this under false pretenses. It's not a case of
terrorism, but it's a case of mail fraud."
But Edmund Cardoni, executive director of Hallwalls Contemporary Arts
Center said "these indictments are going to outrage people in the art
world."
"To me, it looks like a real stretch," Cardoni said. "The government
couldn't make a case that (Kurtz) was trying to make biological weapons, so
they hunted for another charge to use against him."
UB spokesman Arthur Page said the university will "carefully review the
charges and make a determination whether any action on its part needs to be
undertaken." He added that the university is also committed to encouraging
faculty members to have "academic freedom to pursue research," and providing
a safe environment for students and staffers.
Kurtz is scheduled to appear in court July 8 before U.S. Magistrate Judge
H. Kenneth Schroeder Jr.
"On this case, the feds have gone from terrorism to protecting the public
safety to this petty charge," said Kurtz's attorney, Paul J. Cambria. "We'll
be fighting this in court."
Cambria said Kurtz was using the bacteria for research for his work with
the Critical Art Ensemble, a performance art group that has been critical of
government policies in biotechnology.
The two biological agents seized from Kurtz's home were bacillus atrophaeus
and serratia marcescens, which are not alleged to be highly dangerous
substances. But prosecutor William J. Hochul Jr. said the substances were
purchased under false pretenses by Ferrell, who said they were going to be
used in research at his university.
Some e-mails exchanged last December between Kurtz and Ferrell provided
"significant evidence" in the case, Hochul said.
"Hi Bob. Well it looks like my bacteria is not as harmless as I previously
thought," Kurtz allegedly wrote in one e-mail, quoted in court papers.
"While not wildly dangerous, it is associated with pneumonia and urinary
tract infections . . . Seems to be hardest on kids and people with
compromised immune systems. Do you know what kind of strain we are getting,
and how toxic it is?"
Ferrell's response was not contained in the papers.
Serratia marcescens is a common bacterium found in soil, water, on plants
and in animals. Once believed to be harmless, the microbe has increasingly
become associated with hospital-acquired infections, including those of the
urinary tract, especially among very sick patients who are more vulnerable
to infection, according to microbiologists.
Bacillus atrophaeus is another common microbe with characteristics similar
to anthrax, except it is harmless. As such, it is used as a stand-in for
anthrax in biological studies, microbiologists said.
Before the attacks of Sept. 11, 2001, and the anthrax scare, researchers
routinely shipped bacteria to each other, said UB associate professor of
microbiology and immunology Terry Connell. Since then, he said, the federal
government has instituted strict regulations that scientists view with mixed
emotions.
Indictment papers allege that Ferrell illegally gave Kurtz the bacteria
after purchasing it from the American Type Culture Collection laboratory in
Manassas, Va.
"There are very strict procedures for getting these materials," Battle
said. He said the investigation showed that Ferrell was fully aware of the
procedures but violated them.
Kurtz is an artist, author and associate art professor at UB. He previously
taught art at Carnegie Mellon University in Pittsburgh.
According to University of Pittsburgh officials, Ferrell is a highly
respected scientist and professor. "Of course, we're concerned (by the
allegations)," said Robert Hill, vice chancellor for public affairs. "We
have cooperated with authorities in the investigation. We hope there is a
swift and positive outcome."
Ferrell could not be reached for comment. His attorney, Efrem M. Grail of
Pittsburgh, said his client is "surprised and disappointed" by the
indictment.
"(Ferrell) is a well-respected, honest, principled and experienced
teacher," Grail said.
The FBI investigation began May 12, the day after Kurtz's wife, Hope, died
from what police believe are natural causes.
Emergency first responders called to Kurtz's Buffalo home found what they
considered unusual items in the home, including a laboratory and petri
dishes with bacterial cultures in them.
When asked if authorities believe the bacteria kept in the home could have
contributed to the death of Hope Kurtz, prosecutors declined to comment.
Cambria said there was no connection.
As the case plays out, Cambria predicted, the public will learn that
Ferrell and Kurtz had only good intentions and never set out to defraud
anyone.
"There was no criminal intent here," Cambria said. "These men were setting
out to advance enlightenment and knowledge, which is what professors do."
e-mail:
dherbeck@buffnews.com
News medical reporter Henry Davis contributed to this report.
