Artist's biological props spur terror probe

BUFFALO -- Steve Kurtz's artworks look more like science projects than museum pieces. They offer social commentary with objects such as corn plants and bacteria-filled petri dishes.

''It's not pictures on the wall," said Adele Henderson, head of the art department at the University at Buffalo, where Kurtz teaches.

And it's certainly not terrorism, the artist's friends say.

Last month, agents from the Joint Terrorism Task Force cordoned off and searched Kurtz's house after police who been called to his home to investigate his wife's death became alarmed when they found biological materials.

Kurtz maintains that the material was for his art. But what police found -- one of Kurtz's colleagues said it included lab equipment used for DNA extraction and amplification, as well as three types of bacteria -- was enough to trigger fears of bioterrorism.

Crews in protective suits spent two days removing materials from Kurtz's Buffalo house while he waited at a hotel. Testing for ricin, anthrax, and plague turned up negative, according to the Erie County Health Department, which has since pronounced the house safe.

No charges were brought against Kurtz. Earlier this week, however, three of Kurtz's colleagues were subpoenaed to testify before a grand jury.

Kurtz has declined to comment. His lawyer, Paul Cambria, did not return calls.

Officials with the FBI and the US attorney's Office in Buffalo would not discuss the investigation.

Kurtz's 45-year-old wife, Hope, died of apparent heart failure, and her death is not believed to be related to the biological materials, authorities said.

University officials have said that they stand by Kurtz and that his job is unaffected by the investigation. Kurtz's supporters say the government's actions should sound alarms about academic freedom and privacy.

''I really believe that this is a total, paranoid overreaction," said Henderson, who has been interviewed by the FBI and subpoenaed to testify before a grand jury. ''He's trying to change the world in a positive, peaceful way and through discourse."

Kurtz's art often involves blending elements of biology with agricultural issues. His 2002 exhibit, titled ''Molecular Invasion," was a statement against genetically modified crops.

The DNA equipment seized by police was being used to test food for contamination with genetically modified ingredients, said Beatriz da Costa, one of Kurtz's colleagues.

The bacteria included E. coli, bacillus globigii, and serratia, all of which da Costa described as commonly used in research.

Confident he has done nothing wrong, Kurtz is nonetheless shaken by the subpoenas, she said.

''I feel sorry for Steve Kurtz, because he lost his wife, and his life has been a nightmare ever since, and he didn't even have time to grieve," da Costa said.