By Joyce Kryszak
http://stream.publicbroadcasting.net/production/mp3/wbfo/local-wbfo-671045.mp3
Buffalo, NY – U.S. District Judge Richard Arcara Monday moved closer to a decision on whether or not federal charges should be dismissed against UB art professor Steven Kurtz. This was the second pre-trial hearing on the defense's motion to dismiss the charges. But the judge still had plenty of questions - most of them directed at the government.
Mail and wire fraud charges are all that remain of the government's indictment of Kurtz and his co-defendant Robert Ferrell. The initial investigation of bio-terrorism was unfounded. On Monday, the Arcara once again pressed the government for evidence that Kurtz or Ferrell intentionally misrepresented themselves to get the biological materials.
Defense attorney Paul Cambria said Arcara was right to ask lots of questions. Cambria said the case trivializes the dignity of the court. He likened what Kurtz did to pulling the tag off of a pillow.
But Assistant U.S. Attorney William Hochul said the lab would not have sold the biological materials to Ferrell through the University of Pittsburgh if it had known Kurtz was the one getting them.
Kurtz did not have his own account with the lab that produced and sold the bacteria.
Hochul said the misrepresentation was implied. The judge will read written briefs from both sides and make a decision on the defense motion to dismiss sometime after March 7. Kurtz said there is still a long way to go - regardless of the judge's decision, since an appeal is likely.
As with the previous hearings, the courtroom was filled with people from both the art and academic communities who have turned out in support of Kurtz and Ferrell. Lucia Sommer heads their defense fund, which has raised over $250,000 for legal expenses. She said they will continue fundraising efforts as long as necessary.
Ferrell, who suffers from several life-threatening ailments, earlier pleaded guilty. He will be sentenced on February 11.
Click the "listen" icon above to hear Joyce Kryszak's story now or use your podcasting software to download it to your computer or iPod.