BY NORTON SANDLER
DES MOINES, Iowa - "What interest would peasants in Brazil have in this case?" Walter Saur, chairman of the Iowa State Board of Parole, demanded of a delegation of supporters of socialist and union activist Mark Curtis September 7. He wasn't the only one to ask the question that day.
In 1988 Curtis was framed up and convicted on charges of rape and burglary. He was arrested by Des Moines cops within hours of speaking out in Spanish at a public meeting in defense of 17 Mexican and Salvadoran co-workers from the Monfort meatpacking plant in Des Moines who had been seized in an immigration raid.
In July of this year, 5,000 participants in the convention of the Movement of the Landless Rural Workers of Brazil (MST) demonstrated outside the United States Embassy in Brazil's capital city. The peasants raised several demands and delivered thousands of letters they had signed calling on U.S. president Bill Clinton to secure Curtis's release. These events received front page coverage in the Brazilian press.
Copies of the letters were sent to the United States to be used by Curtis in his fight for freedom. His supporters delivered the foot and a half tall stack of mes- sages to the parole board.
Walter Saur and Barbara Binnie, vice chair of the parole board, had agreed to meet with the delegation of Curtis's supporters at the request of Curtis's attorney William Kutmus. The 21-person delegation included Kutmus, Mark Curtis Defense Committee Coordinator John Studer; Kate Kaku, Curtis's wife; longtime defense committee members Hazel Zimmerman, Julia Terrell, Nellie and Bob Berry; farmer and farm activist Larry Ginter; Frankie Travis, a locked out worker from the A.E. Staley plant in Decatur, Illinois; Ken Stuber, the minister of First Presbyterian Church in Des Moines; Bob Peters, a former striker at the Firestone plant here and a member of United Steel Workers of America Local 310; Harold Ruggless, president of United Auto Workers Local 270; abortion rights activist Melanie Williams; and others.
The delegation held a press conference on the steps of the parole board offices prior to meeting with the Board members. When defense committee coordinator Studer was asked by a reporter why Brazilian peasants would be interested in Mark Curtis, he said, "They see him as a kindred spirit. At the time this frame-up began Curtis was involved in a struggle to defend Mexican and Salvadoran co-workers who were arrested by the INS at the Monfort plant here. Curtis was being beaten by the Des Moines police who called him a `Mexican lover, just like you love those coloreds.' Many people around the world identify with Curtis, see him fighting for similar things to what they are involved in."
The news conference was carried on two television stations. The Des Moines Register also ran an article on the delegation headlined, "World watches inmate in Iowa." (See reprint on next page.)
Asking for parole hearing
The delegation members packed into a small room for the
meeting with Saur and Binnie. Many had to stand. Kutmus
began by saying, "I have been Mark's attorney for many years
involved in securing his release from prison. We are asking
that he be released on parole, but obviously we need a
parole hearing for that to happen. We hope that you will
consider his full record in prison and grant such a
hearing."
Under Iowa law, prisoners are not automatically granted annual hearings. That decision is left to the discretion of the parole board.
Kate Kaku presented a parole plan for Curtis that included three job offers in the Chicago area where she resides.
Studer then presented the 5,000 letters from Brazil and another 170 collected in Iowa, other parts of the United States, and several from other countries. More than 100 letters were sent to the defense committee in the week before the meeting with the board.
In 1993 Curtis completed the sentence for rape. He is being held in prison on the burglary charge, which was tacked on by the cops several weeks after his original arrest.
"We care more about Iowa than Brazil," responded Saur to the impressive pile of letters on Curtis's behalf.
Binnie added, "Is he (Curtis) still in lockup? I wonder about this model prisoner bit."
In August 1994, Curtis was thrown into punitive segregation at the Iowa State Penitentiary and accused of assaulting another inmate. Kutmus responded that Curtis had been out of lockup since August.
Each delegation member introduced themselves and explained briefly why they were there. Some added to their comments in interviews later on.
"I am here for the same reason I've been here for the past seven years," said Hazel Zimmerman. "I am going to try to convince the Parole Board to free Mark."
"I want Mark freed, but I also want him vindicated," said Julia Terrell who was Curtis's neighbor at the time he was arrested.
"I have been involved in peace and justice issues for many years," said Ken Stuber. "From what I've seen and read, Mark Curtis is a victim of injustice."
"I made the trip from Decatur simply for justice," union activist Frankie Travis said.
Taking a confrontational tone, board member Binnie interrupted one delegation member to demand, "Do you know the facts of this case? This man was caught with his pants down. Do you know what the victim has to say?"
"I will not be intimidated by authority," said Larry Ginter, responding to Binnie, when it was his turn to speak. "I know the facts of this case, and I know about the Mark Furhmans of the world. And I also know about why peasants in Latin America would be interested in this fight here in Iowa."
Campaign to free Curtis has an effect
Saur attempted to portray the Parole Board as being
caught in a "vitriolic fight" between "two sides" over this
case. He also stated the state legislature is considering a
bill that would mandate that all prisoners serve 85 percent
of their sentence with no parole. According to Saur what
"troubled" him about this case is that Curtis's backers "try
to make this political."
"We are not here to revisit the issue of his conviction," Kutmus said to the board members. "We are here to focus on his eligibility for parole."
Binnie charged that Curtis's refusal to go through the Sex Offender Treatment Program had slowed down his release. She also said that he had been given no parole consideration last year because he had gotten into trouble "in the institution" and was in lockup when review came due. "We don't parole inmates from lockup," she claimed.
A major feature of the SOTP program is the requirement that an inmate has to admit his guilt, which Curtis refuses to do. Kutmus also said he was familiar with the lockup charges against Curtis and that they "wouldn't pass a smell test."
Binnie acknowledged that Curtis had a generally good record in prison before the lockup charges were handed down, and had done well in the two months since his release from lockup. Despite her hostile tone throughout the meeting, she insisted that she had not made up her mind yet on what to do in regards to granting Curtis a hearing and stated that she had no prejudice against him because of his political activities before and since entering prison.
Saur concluded the meeting by stating that Curtis will have served out his entire sentence in the year 2000. "We'll get him out of there before then," he said.
Curtis has served 84 months in prison. The average time served by inmates paroled in 1994 who were convicted on the same charges was 76.2 months.
Curtis will be informed by mid-October whether or not he will be granted a formal 1995 parole hearing.
The Mark Curtis Defense Committee is continuing to gather letters to the board urging that Curtis be freed until October 1.
"The board members claimed they couldn't care less about the letters from Brazil and that their view of Curtis is not political," defense committee coordinator Studer told the meeting. "The truth is you could see they hate the letters and the fact that this is a public fight. It is their repeated refusal to free Curtis, who more than meets the legal criteria for parole, that is making more and more people see this case as political."
For further information on how to help, contact the Mark Curtis Defense Committee, Box 1048, Des Moines, IA 50311. Send letters for the Iowa Parole Board to the MCDC at the address above or by fax at (515) 243-9869.
`Travesty of justice should not prevail'
The following are excerpts from several letters delivered to the Iowa State Board of Parole September 7 by a 21-member delegation on behalf of imprisoned union and political activist Mark Curtis.
Rev. Donell Smith
Birmingham, Alabama
As a former co-worker of Mark Curtis at Hayes Aircraft
Co., I feel I know his character. Mark would be a good
candidate for parole. I urge you to parole him.
Prasong Nurack
Taste of Thailand Restaurant
Des Moines
As someone who knew Mark Curtis and his wife, Kate Kaku, before he was arrested, as someone who has followed his fate over the last seven years, and as a longtime campaigner for human rights, I would like to add my voice to those asking for his release on parole.
Max V. Exner
Extension Professor, ret.
Iowa State University, Ames
I am inquiring into the status of Mark Curtis, who, after serving seven years of a prison sentence, appears to be thoroughly qualified for a parole hearing and parole - this in the light of the more than normal time he has served, his exemplary conduct as a prisoner and his many job offers upon release.
I look forward with concern and anticipation to an early hearing for Mark Curtis and serious consideration of parole and release.
Michael D. Ray
southern regional vice-president
National Lawyers Guild, Miami
This letter is written to request the parole of Mark Curtis. It has come to my attention that Mark Curtis has served more than the normal sentence for those convicted of similar crimes. Also, it appears that Mr. Curtis' conduct while in prison has been exemplary.
Several aspects of Mark Curtis' trial appear to raise serious due process concerns, i.e., lack of evidence placing Mark Curtis at the scene of the alleged rape, lack of forensic evidence tying Mark Curtis to the alleged crime, pre-trial rulings disallowing critical evidence to be admitted on Mr. Curtis' behalf, refusal of the trial judge to allow the jury to hear how Mr. Curtis was beaten by the police or that they called Mark Curtis a "Mexican lover" and refusal of the judge to allow into evidence the fact that Gonzalez (arresting officer) had been suspended from the police department earlier for brutalizing suspects and then lying on a police report.
Based on the above facts as well as the fact that Mr. Curtis did not receive a trial with a jury of his peers, it is requested that justice best be served by paroling Mark Curtis.
Otis McGowan
member, Grain Millers Local 110
Cedar Rapids, Iowa
As a concerned unionist and NAACP member, I am writing you on behalf of Mark Curtis for immediate parole consideration.
Benjamin Dupuy
publisher, `Haiti Progres'
Brooklyn, New York
I am writing to urge you to grant Mark Curtis parole. After serving seven years in prison, Curtis is now serving time for the burglary charge tacked on by the cops and prosecutors several weeks after his original arrest.
This travesty of justice should not prevail one day longer.
I call on you to grant Mark Curtis parole.
Hazel Zimmerman
Carlisle, Iowa
In the interest of justice, decency, and common sense it is time to end the long incarceration of Mark Stanton Curtis, prisoner #805338 at Fort Madison.
It shouldn't be necessary to remind you that Mr. Curtis has served a longer sentence already than most offenders convicted of greater offenses and with poorer records. Or that the overcrowded conditions of Iowa prisons is increasing the pressure to release those inmates who have the best possibility of reintegration into society without recidivism. Or that refusal to parole Mark Curtis reinforces the claim that his arrest, conviction and imprisonment were all politically motivated.
Mark has now completed seven years in prison on convictions for which other offenders spend an average of slightly over six years (Iowa Board of Parole Statistics for prisoners convicted of burglary charges released in 1994).
In October 1989, at Mark's parole hearing at Anamosa you complemented him on his good attitude and record in prison and made the statement that he would probably have to serve less than the average six years of his 25 year sentence. Mark's attitude has remained steadfastly positive, his employers and counselors in prison commend him for his record, and it appears that the only thing that has shifted over the years is the political winds.
Too much is enough, already. Give Mark Curtis his freedom.
Jean-Pierre Page
director of international relations
General Labor Confederation, France
The CGT notes with satisfaction that Mark Curtis has been freed from solitary confinement.
In the name of human rights to which our union Confederation is particularly attached we ask you to free Mark Curtis on parole.
This measure of simple justice would put an end to the horrible conditions of imprisonment of which Curtis has been the victim.
Denis Stephano
president, Oil, Chemical and Atomic Workers Local 8-234
Linwood, Pennsylvania
Once more, you are reviewing the case of Mark Curtis. I have followed Mark's case since the beginning. As an officer of the Oil, Chemical and Atomic Workers I attended a national convention of my union at which I met and spoke with Mark. I believe that Mark has been framed up and has been unjustly serving time in prison.
The time Mark has served in the Iowa prisons is more than what is normally served for the crime he supposedly committed. Over the years he has been denied parole; these denials of parole have strengthened my committement to fight for justice for Mark. Given Mark's commendable behavior in prison, his continuing to stand for the working people of the world, the only just thing to do is to grant his parole now.
Any further delay on your part only highlights the unjustness of the "justice" system.
John Gilman, executive director
Wisconsin Committee for
Peace and Justice, Milwaukee
Our committee has unanimously voted to urge you to grant parole to Mark Curtis.
We have received information that Mr. Curtis has been detained for over seven years on a charge of rape which he not only denies but was denied the opportunity to present crucial evidence which would have proved Mr. Curtis to be innocent.
Nowadays, our government has stated that there are many miscarriages of justice in foreign countries. Whether this is true or not, we Americans must be more conscientious of such miscarriages of justice in our country.
We respectfully rquest your board to grant parole to Mark Curtis.