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On the morning of May 11, 2004 Steve Kurtz, an Associate Professor of Art at the University at Buffalo (UB) and cofounder of Critical Art Ensemble (CAE), awoke in his Buffalo, New York home to discover that Hope Kurtz, his wife of 27 years and one of the original members of CAE, was not breathing. Kurtz called 911, but upon arrival the emergency medical team was not able to revive her. Because Hope's death was unexpected and she was under 50 years old the Buffalo police came to investigate. They found a table with scientific equipment in plain sight and fearing terrorism, notified the Federal Bureau of Investigation (FBI). The following day, as Kurtz was leaving home to make funeral arrangements, FBI agents arrived and detained him for extended questioning.
Kurtz's longtime friend and collaborator, Claire Pentecost, an artist, writer and associate professor at the School of the Art Institute of Chicago, arrived in Buffalo shortly thereafter to support Kurtz. Pentecost provides the following account of what happened:
After a couple of hours of questioning, the very courteous FBI agents told Steve he could do whatever he needed to do but they were going to accompany him, so I was picked up at the airport by two FBI agents who were driving Steve around to do his errands. We were cooperative because we were both stunned by Hope's death, and we figured we had nothing to hide. Our detention lasted until the afternoon of the next day, or until finally, by way of our cell phones, we were able to get in touch with a lawyer who immediately told us that our detention was not legal and we should walk away. At this moment the FBI also informed us that we were, of course, free to go, but not to go home, because the FBI, working with Homeland security, the Joint Task Force on Terrorism, the ATF [Bureau of Alcohol, Tobacco and Firearms], Immigration and Customs Enforcement and the Niagara County Sheriff's office, closed Steve's street with police cars, fire engines and medical emergency personnel while they sent a team of agents in hazmat suits in to search the house for biohazards.
Five days later Kurtz was able to return to his home, it having...