FW: [transform] Dear supporters of Steve Kurtz and Critical Art Ensemble

[Guilherme Kujawski]

----- @@@@@@ -----> http://www.warrenheise.com/index_print.html






-----Original Message-----
From: birgit at eipcp.net [mailto:birgit at eipcp.net]
Sent: Sun 1/22/2006 5:33 PM
To: transform-list at eipcp.net
Subject: [transform] Dear supporters of Steve Kurtz and Critical Art Ensemble
 
-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.

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 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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