Update! AP: Art professor indicted over biological materials

"An unconventional artist who became the target of a federal terrorism investigation - and a cause celebre in the world art community - was indicted Tuesday on charges he illegally obtained biological materials.
Steven Kurtz, a University at Buffalo professor, and Robert Ferrell, chairman of the University of Pittsburgh's Human Genetics Department, were charged in a four-count indictment.
The charges accuse Ferrell of using his University at Pittsburgh account with a biological supply company to order potentially harmful organisms for Kurtz, which colleagues said Kurtz intended to use in an art project. Both men face 20 years in prison if convicted.
"The current charges do not relate to allegations of bioterrorism," U.S. Attorney Michael Battle said. "Very simply, this is a case about fraud."
Kurtz is a founding member of the Critical Art Ensemble, which has used human DNA and other bio-materials in works meant to draw attention to political and social issues, such as genetically altered foods.
As a private individual, Kurtz was not eligible to order the materials allegedly obtained for him by Ferrell from American Type Culture Collection of Washington, D.C., authorities said.
Kurtz's attorney called the indictment "a real stretch."
"The evidence is abundant that neither of these individuals had any criminal intent," attorney Paul Cambria said. "Their intent was simply to educate and enlighten people."
Outraged by the investigation of Kurtz, artists and academics earlier this month held simultaneous rallies in Buffalo, Vienna and San Francisco, with supporters raising concerns about privacy and the right to artistic freedom and expression in the post 9/11 world.
Battle said the investigation did not seek to stifle artistic expression.
"We wholeheartedly recognize and encourage that artists in university settings and beyond continue to develop their artistic endeavors that we all enjoy," he said.
Although some supporters have questioned whether the U.S. Patriot Act, which expanded the government's investigative powers, played a role, Battle said it was "the traditional methods of hard work on the part of investigators" that led to the indictment.
The investigation began in May after Kurtz called 911 to report the death of his wife, Hope, 45, in their Buffalo home. Firefighters responding to the call noticed the biological materials and lab equipment and notified police, who then contacted the Joint Terrorism Task Force. Agents in protective suits spent two days removing items from the home.
Buffalo police have said Hope Kurtz apparently died of heart failure and that Steven Kurtz is not under suspicion in connection with her death. Assistant U.S. Attorney William Hochul Tuesday declined to comment on whether the materials in the home could have contributed to the death.
According to the indictment, Kurtz acknowledged in an e-mail message to Ferrell that the bacteria he was seeking posed some danger. "While not wildly dangerous, it is associated with urinary tract infections and seems to be around other infections as well," he allegedly wrote.
The University at Buffalo, in a statement, said it would review the charges before considering any action. While stressing its commitment to the academic freedom of faculty members to pursue research, the statement said the university is also committed to making sure "that all of its faculty and staff will conduct themselves in a professional manner."
As for Ferrell, "He is still a faculty member at the university and a distinguished scientist," University of Pittsburgh spokesman Robert Hill said. "We do hope for a swift and positive outcome."
Ferrell did not immediately respond to an e-mail and a telephone message left at his home Tuesday.
The not-for-profit American Type Culture Collection ships only to registered customers who have provided a description of laboratory facilities, its safety measures and a description of how the material will be used, authorities said. The organisms sent to Ferrell for Kurtz, the indictment said, were serratia marcescens, which can sicken some people under some circumstances, and bacillus atrophaeus, also known as bacillus globigii."