PLEASE FORWARD WIDELY January 17, 2006
Dear supporters of Steve Kurtz and Critical Art Ensemble,
Your support is needed now more than ever. Whereas the hopes for dismissal of Steve’s case were high last fall, on Thursday we received bad news on the recommendation concerning the pre-trial motions. Although it has been over 18 months since Steve was charged with “mail fraud” and “wire fraud”—charges carrying a maximum possible sentence of 20 years in jail—he will now have to wait at least 8 months, and possibly much longer, for the final decision on these motions.
Magistrate H. Kenneth Schroeder recommended that all our motions for dismissal of the case and suppression of evidence be denied, with one exception: there will be a hearing on the suppression of statements made while Steve was illegally detained. (Schroeder’s recommendations also include a footnote stating that since Steve’s co-defendant Robert Ferrell is gravely ill at this point, Ferrell’s case is being held in dormancy.) Magistrate Schroeder's recommendations will next go to the Federal District Court to be heard by Judge John T. Elfvin, who will make the final ruling on the pre-trial motions, thereby determining whether or not the case will go to trial. If the motions are denied by Elfvin, Steve can choose to appeal to the next higher federal court, or go directly to trial. LEGAL DETAILS AND TIMELINE Schroeder’s recommendation cited legal precedent that “An indictment returned by a legally constituted and unbiased grand jury… if valid on its face, is enough to call for trial of the charge” [even if] “the grand jury acted on the basis of inadequate or incompetent evidence.” (Please see
www.caedefensefund.org/announcements/order1.12.06.pdf for the full text of the recommendation.) In other words, once the legal machine is turned on, it is very difficult to turn off. Therefore, supporters should prepare for the likelihood that Steve’s case will go to trial. Within the next 10 days Steve’s lawyer, Paul Cambria, will file an appeal of Schroeder's recommendations. Steve’s lawyers will then get a hearing for their appeal of all of Schroeder’s recommendations in Judge Elfvin's court. There, Cambria will make essentially all the same arguments as at the hearing last spring before Schroeder. (For the press release detailing those arguments and more information about the case, please see http://www.caedefensefund.org/releases/051705_Release.html) This appeal hearing will probably happen in mid-summer of 2006. We will then have to wait once again for Elfvin’s final ruling on all the motions for dismissal and suppression. (There is no date for the other hearing, on the suppression of statements, but it will happen sometime within the next 60 days.) SUPPORT NEEDED MORE THAN EVER Although any actual trial is still far off, your continued support has made, and continues to make, all the difference in this case. Without your support, Steve would probably be in jail now awaiting trial. As we know, justice in politically motivated trials is won in the court of public opinion as much as in the court of law. Because of your support, we have raised more than $250,000 for Steve and Robert Ferrell’s defense. Due to the overwhelming success of this fundraising effort, there are 3 main forms of support that we now need: 1) Publicizing this precedent-setting case and its implications for artists, scientists,
researchers and others in any way you can. Visit caedefensefund.org to download a
banner for your website, or a flyer like this to print and hand out. You can also download
everything you need to set up your own informational table by following the
What Can You Do? hyperlink to our Activist Toolkit. 2) Organizing teach-ins and fundraisers to raise awareness about the case and related
issues, including the infringement of civil liberties and civil rights and the threats to
artistic and intellectual freedom. The Defense Fund can help facilitate such events by
providing speakers and information about the case. 3) Publicizing this case via the news media. In this regard, we are still hoping for a real
investigative story into the DoJ’s and prosecuting District Attorney William Hochul’s
motivations in this “case.” 4) Offering expert testimony. Should a trial occur, we will need curators and contemporary
art historians and theorists to offer expert testimony on the cultural legitimacy
of CAE’s activities. We will also need scientists in the fields of biology, microbiology,
and molecular biology to be expert witnesses, particularly in the areas of laboratory
procedures, laboratory behaviors, and microbiology safety issues. 5) In the event of a trial, helping to mobilize support for a massive demonstration in
Buffalo, NY. Thank you once again for your continued support.
In solidarity, The CAE Defense Fund
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