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Pitt researcher sentenced for sending bacteria
Monday, February 11, 2008

A genetics researcher at the University of Pittsburgh was sentenced to 12 months unsupervised probation and ordered to pay a $500 fine this morning for helping a friend obtain biological materials for an art exhibit.

Dr. Robert E. Ferrell, of Edgewood, pleaded guilty to a misdemeanor charge of "mailing an injurious article" back in October. The recommended guideline sentence he faced was up to six months in prison and a $5,000 fine.

Dr. Ferrell's defense attorney, Efrem M. Grail, said they were relieved by the sentence handed down by U.S. District Judge Richard J. Arcara of the Western District of New York.

"As his attorney, we thought the disposition the government offered was generous," Mr. Grail said.

Dr. Ferrell was originally charged with four felony counts, including mail and wire fraud, in June 2004, after he helped Steven A. Kurtz, a former art professor at Carnegie Mellon University, procure two biological materials in late 2003 and 2004.

Mr. Kurtz is a founding member of the Critical Art Ensemble, which uses art to examine the impact of science and technology on consumer culture.

Because Mr. Kurtz could not legally obtain the bacteria, according to the government, he asked Dr. Ferrell to get it.

Dr. Ferrell ordered the material and had it sent to Pitt's human genetics lab, and then forwarded it to Mr. Kurtz's home in Buffalo, N.Y.

Law enforcement officials became aware of the situation on May 11, 2004, when Mr. Kurtz's wife died at home. He called police, and when they arrived, they saw the biological materials. The FBI's Joint Terrorism Task Force was alerted, and they showed up in full biohazard gear to search his home.

He was taken into custody and confined to a hotel room for 22 hours.

Prosecutors alleged that both Mr. Kurtz and Dr. Ferrell committed fraud by getting two types of bacteria, serratia marcescens and bacillus atrophaeus, from a biological supply company.

Mr. Kurtz continues to fight the charges against him and was at Dr. Ferrell's sentencing this morning.

First published on February 11, 2008 at 12:18 pm
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