SAN DIEGO MUSEUM OF ART OFFERS TO RETURN PAINTING REPORTED STOLEN FROM CHURCH IN HIDALGO, MEXICO
December 7, 2004
SAN DIEGO—The San Diego Museum of Art's Board of Trustees voted unanimously in a meeting yesterday to support
staff efforts aimed at the eventual restitution of an 18th-century Mexican painting, Expulsion from the Garden of
Eden. The Board's action paves the way for the painting's return to Mexican government officials who had been
investigating whether or not the work of art, purchased by SDMA in late 2000, was the same one that was later revealed
to have been stolen from a small church in Hidalgo, Mexico, earlier that year.
Through diplomatic channels, SDMA has proposed that Mexican authorities send the painting's original frame and other
fragments left behind at the time of its theft. Matching the painting with the frame and fragments should provide the
conclusive proof required to deaccession the work from SDMA's permanent collection. Furthermore, SDMA is offering to
have Expulsion restored at its own expense before returning it to appropriate parties in Mexico, who are still to be
determined. Such restoration would strive to mitigate harm done by the art thieves at the time that it was taken from
the small church of San Juan Tepemazalco. Simultaneously, SDMA is preparing a demand for refund of the full purchase
price of the painting from the Mexico City-based art gallery from which the Expulsion was acquired four years ago.
Almost two months ago, Mexican federal government representatives, using official channels, informed SDMA that they were
actively investigating circumstances surrounding the theft of an 18th-century painting, one of three religious objects
apparently taken from a church in San Juan Tepemazalco in the State of Hidalgo, Mexico, in early 2000. U.S. Customs
Officials, working in conjunction with the U.S. Attorney's Office, were asked to determine if a painting of a similar
description purchased by SDMA later that year was one of these stolen objects. Pursuant to a mutual Assistance Treaty
between the two governments, the U.S. Department of Justice and SDMA have fully cooperated in the investigation.
At the time of the painting's purchase, SDMA followed existing professional guidelines in researching this work of art. An
expert in Colonial Latin American painting advised on the acquisition, and the dealer-provided provenance was reviewed
before the acquisition took place. Later in 2002, while further researching the Expulsion from the Garden of Eden in
preparation for its publication in a forthcoming collection catalogue, museum staff members discovered discrepancies
in the provenance record on file and wrote to the Special Cultural Center of the State of Hidalgo seeking additional
clarification. It was this correspondence generated by SDMA, and written on its own initiative, that evidently led the
Mexican government to institute an inquiry about the painting through its established treaty protocols. Upon
notification of the nature of this investigation in mid-October, SDMA immediately provided all known facts to both
governments.
"Safeguarding national patrimony is one of the most critical and complex issues in the art world of our time," states
the Museum's recently appointed executive director, Derrick Cartwright. "Theft of cultural property, irrespective of
its monetary value, is a deeply troubling fact facing all museums today. Museums, other exhibiting institutions,
cultural organizations, as well as the general public, have a stake in addressing this serious problem and we are
prepared to do the right thingboth professionally and morallyin this instance."
"When it comes to claims for restitution and preservation of the world's cultural heritage, SDMA intends to be on
the side of justice and integrity. The actions taken by this Museum's board yesterday demonstrate this most
clearly," stated SDMA's board president, Charles L Hellerich.
The Expulsion from the Garden of Eden was not on view at the time SDMA was notified of the investigation, though the
Museum has continued to safeguard the painting pending a proper determination of its rightful ownership.
As further information becomes available, this press release will be updated. Please consult the
Museum's Web site .