| Ewen Chardronnet on Wed, 18 Jan 2006 13:16:23 +0100 (CET) |
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| [nettime-fr] Letter to Supporters: Update on the case of Steve Kurtz and CAE (PLEASE FORWARD WIDELY) |
-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. (Please see http://www.caedefensefund.org for more about the case.)
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 http://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.
(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 the more than $200,000 necessary 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, intellectuals, researchers and others—particularly in outlets that will reach the Buffalo population. 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. Anyone who is interested or knows such a journalist—particularly one who could spend some time in the Buffalo area—is encouraged to contact the Defense Fund at: media (at) caedefensefund.org
2) Publicizing this case wherever possible. Anyone interested in helping to publicize this case through creative means at the College Art Association Annual Conference (February 22-25 in Boston) please contact the Defense Fund at: media (at) caedefensefund.org
3) At the time of the actual trial, should one occur, 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 media @ caedefensefund.org
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