According to a report by Atlanta Black Star on Friday, August 23, 2024, John Marks, a 40-year-old Black man from Manvel, Texas, had found himself in controversy when he was falsely accused of s*xually assaulting his white neighbor, Amanda Zawieruszynski.
On November 9, 2023, Marks hosted a gathering at his new home, a moment that should have been filled with joy and excitement.
Among the guests was Amanda Zawieruszynski, a neighbor with whom Marks had reportedly had an “intimate” relationship for several months.
Also present was Freddie Douglas Jr., Marks’ friend. As the night progressed, the three engaged in consensual s*xual activities.
A week after the gathering, Zawieruszynski filed a police report, accusing Marks and Douglas of r*ping her and holding her against her will.
According to the court affidavit, she claimed that the assaults took place over several hours, with her saying “no” and physically fighting off Douglas.
The allegations were serious, leading to the arrests of both men on December 7, 2023. They were charged with aggravated sexual assault and aggravated kidnapping, crimes that could result in prison sentences ranging from five to 99 years.
The accusations alone were enough to upend Mark’s life. The charges against him made headlines, and the media portrayal was overwhelmingly negative, painting him as a dangerous criminal.
Friends, neighbors, and colleagues began to distance themselves, and Marks faced an onslaught of social ostracism and damage to his personal and professional reputation.
Despite maintaining their innocence, both men were jailed and later released on bond as they awaited the next steps in their legal ordeal.
As the case against Marks and Douglas moved forward, the evidence presented by the district attorney seemed damning.
But there was one critical piece of evidence that would ultimately change everything: surveillance footage from Marks home.
In his lawsuit, Marks contends that the Manvel police failed to properly investigate the allegations against him.
Had they done so, they would have seen the surveillance footage that clearly exonerated him.
The cameras, strategically placed in and around his home, captured the entire sequence of events on the night in question.
According to Daily Mail, the footage showed Zawieruszynski arriving at Marks’s home with cupcakes, entering without any signs of distress or hesitation, and engaging in friendly conversation with both men.
The video then showed her willingly undressing and joining the men in the pool, where she “appeared to be enjoying herself” and engaged in consensual s*xual activity with Marks and later with Douglas, with “no signs of resistance or discomfort.”
Perhaps most importantly, the footage showed Zawieruszynski moving freely throughout the house, with multiple opportunities to leave if she had felt threatened or uncomfortable.
At one point, she was even alone in the house while Marks and Douglas were outside, further undermining her claims of being held against her will.
Marks informed Officer Taner Truitt and Police Chief Thomas Traylor of the existence of this surveillance footage, but according to the lawsuit, the officers failed to review it or include it in their report when seeking a warrant for Marks arrest.
Instead, the arrest was based solely on Zawieruszynski’s account, leading Marks to accuse the police of a biased and incomplete investigation.
On August 21, 2024, nearly a year after his arrest, Marks filed a civil rights lawsuit in U.S. District Court for the Southern District of Texas.
The lawsuit names the city of Manvel, several of its police officers, and Zawieruszynski as defendants, alleging a range of constitutional violations, including unlawful arrest, excessive use of force, and malicious prosecution.
Marks complaint is scathing in its critique of the Manvel Police Department, accusing them of arresting him “solely on the account of Zawieruszynski and without properly investigating.”
He further alleges that the police were more interested in securing a conviction than in uncovering the truth.
“Their conduct was driven by a desire to secure a conviction at any cost, rather than a commitment to uncovering the truth,” the complaint states.
Marks also charges the police with using excessive force during his arrest, including holding him in a cold, uncomfortable cell for several hours and denying him access to legal counsel.
The lawsuit draws parallels between Marks experience and historical injustices, comparing his situation to the wrongful accusations against Black men in cases like that of Emmett Till.
At a press conference following the grand jury’s decision not to indict Marks and Douglas, Brazoria County NAACP President Iris Bey spoke passionately about the racial dynamics at play, stating,
“From 2024 back to the days of Emmett Till, Black men are still having to defend their life versus white tears.”
Turning to Marks, she added, “That audio and video saved your life. Without it, Brazoria County would have nailed your ass to the cross. … Why in 2024 are we still fighting against white fragility?”
Marks lawsuit seeks a jury trial and “all available relief” from the court, including compensatory, punitive, and exemplary damages.
He is asking for compensation for lost wages, diminished earning capacity, medical expenses (including psychological counseling and therapy), and the profound damage to his personal and professional life.
