BY NORTON SANDLER
DES MOINES, Iowa - "Mark Curtis and his supporters around the world scored an important victory November 21 when Iowa officials granted the socialist and union activist parole," John Studer, coordinator of the Mark Curtis Defense Committee, said in a recent interview. "This opens a new stage in the fight to defend Curtis that poses substantial immediate challenges and opportunities.
"Today, Mark Curtis remains in prison at the Iowa State Penitentiary in Ft. Madison," Studer said. "Although the parole board has set December 7 as the effective parole date, this only means that is the date Iowa corrections authorities will begin the paperwork for Curtis's release on parole from Iowa to Illinois, where his wife, Kate Kaku, resides. Curtis will remain in prison while this request is processed by Illinois authorities, and he will not be freed unless they decide to accept him for parole in their state."
Studer noted that Walter Saur, chair of the Iowa parole board, told the press at Curtis's recent hearing that it will take a month or two after December 7 for an interstate parole to be processed. The Mark Curtis Defense Committee, said Studer, is urging Curtis supporters everywhere to remain vigilant to make sure that Curtis is paroled and "to be prepared to respond to any attempts by the authorities to throw new obstacles in the path of Curtis's release or attempt to revoke his parole.
"After more than seven years, we've gotten to the one- yard line with the parole fight," Studer emphasized. "Now, with the help of supporters everywhere, we can push over the goal line."
Studer said that Curtis and his defense committee are working with Curtis's general counsel, William Kutmus, to retain an Illinois lawyer to represent the political activist in that state to help prepare his release and the conditions under which he will serve out his parole.
"Everything we do over the next few weeks - selling the Pathfinder pamphlet Why Is Mark Curtis Still In Prison?, publicizing the parole board decision, holding public meetings to explain the meaning of Curtis's long-standing fight, raising funds," Studer said, "can make a difference in assuring he wins his freedom."
Curtis was framed up on charges of third degree sexual assault on a Black teenage girl and first degree burglary in 1988. His arrest came in the midst of a struggle he was involved in at the Monfort meatpacking plant to defend 17 Latino co-workers following their arrest by the Immigration and Naturalization Service cops after a raid conducted in collaboration with the company. Curtis was beaten by the cops after his arrest as they called him a "Mexican lover, just like you love those coloreds." Several weeks later, cops and prosecutors tacked on the burglary charge, claiming he had entered private property with the intent of committing a felony.
During the November 21 hearing, parole board member Saur noted that Curtis had served out his sentence on the sexual abuse charge. However, the burglary charge carried a mandatory 25-year sentence, and that sentence will not be exhausted until at least the year 2000. Under Illinois statutes, as in other states, parole officials have wide latitude to determine the exact terms of an inmate's parole.
Studer pointed out that numerous states, Illinois included, have laws on the books requiring convicted "sex offenders" to "register" with the police.
Under the current Illinois law, a convicted sex offender is required to report to the police annually for ten years, even if they have completed their parole.
The Illinois legislature recently approved a new bill that will also require the cops to compile lists of sex offenders whose alleged victims are under 18 and to disclose these names to the state Department of Children and Family Services, and to officials at area schools and licensed day-care centers. These lists would be also available to the public on request. The bill is on Illinois governor Jim Edgar's desk now.
Studer also explained that in 1989, Keith and Denise Morris, the parents of the woman Curtis was accused of raping, filed a civil lawsuit against Curtis seeking punitive financial damages.
In pre-trial motions, the presiding judge in this suit ruled that since Curtis had been convicted in criminal court earlier, he had to be presumed guilty in the civil case. He was precluded from arguing he was not guilty and therefore should not be subjected to any financial judgment. Curtis was even barred from attending the trial, which boiled down to how much he would owe the alleged victim's family.
The Morrises' attorneys also argued that the Mark Curtis Defense Committee was nothing but a private "bank" for Curtis, and sought to have its bank account seized as an additional part of the damages award.
"After an international response protesting this outrage, the judge ultimately disallowed the petition to turn over the defense committee's funds," Studer stated. "But in early 1991, that judge served Curtis with a damage judgment of $80,000. Interest has been accumulating on this damages judgment ever since.
"When Curtis won a significant lawsuit against the Des Moines cops who beat him, the Morrises' attorneys moved in and seized $11,000 of the award Mark won," Studer added.
"This damages suit was always designed to continue the scapegoating of Curtis during and after his incarceration," Studer explained, "with the aim of hounding Mark and his wife Kate, two workers, for years and years for payment.
"When he is released, one of the challenges facing Curtis will be how to deal with this claim," Studer stated.
He noted that the victory registered by the parole board's decision provides important opportunities to win new support. "First," he said, "the Mark Curtis Defense Committee is urging supporters everywhere to write to him in prison. Mark will be glad to hear from everybody and the letters will also serve to inform prison officials that we are remaining steadfast in our efforts to secure Mark's freedom."
Studer said if they haven't done so already, Curtis backers should also immediately "contact those in your area who sent letters to the parole board thanking them for the help in winning this victory and informing them of the challenges ahead." Already, he noted, Mark is receiving congratulatory letters.
Olivier Meler, president of the World Federation of Democratic Youth headquartered in Budapest, Hungary, wrote, "It's with a great delight we learned [of] the tremendous victory scored last 21st November when the Iowa Board of Parole granted Mark Curtis parole effective December 7. We'd like to express our best congratulations for this first victory and we especially address to Mark himself, for his own courage, our best wishes."
Studer continued, "We should urge supporters to contribute generously. We need to raise $25,000 by the end of the year in order to retain a topflight Illinois attorney, to help ensure that Mark is released under the least onerous conditions possible, deal with the continuing legal challenges he faces, and help spread the word about the new stage in his fight," added Studer. He urged defenders of Curtis to concentrate in the days ahead on distributing the booklet Why is Mark Curtis Still in Prison?