A Texas man is suing police, his hometown, and his accuser after he was arrested and charged with sexual assault before police even interviewed him.
John Marks is alleging he was wrongfully arrested, detained, and prosecuted despite “clear and compelling exculpatory evidence, including comprehensive surveillance footage and the inconsistent, false statements made by Amanda Zawieruszynski,” according to his lawsuit, a copy of which was obtained by the Atlanta Black Star.
In his lawsuit, Marks, who is black, compared his case to the book “To Kill A Mockingbird,” in which a black man is falsely accused of sexual assault by a white woman and is presumed guilty because of his skin color.
“It totally turned my world upside down. It was literally a nightmare, having my life in somebody else’s hands. It was three felony charges of the most heinous thing a man could possibly do,” Marks told ABC 13. “I was fearful, thinking they were going to come back into my house, causing me to be hyper-vigilant and not being able to sleep.”
Marks, who moved to Manvel, Texas, in April 2023, said he developed a close relationship with his neighbor, Zawieruszynski. He said in his lawsuit that Zawieruszynski regularly came to his home, and their relationship became intimate, as she told him she was divorced and not married.
On November 9, 2023, Marks hosted a housewarming party, which was attended by his friend Detective Freddie Douglas. Throughout the night, Marks said, he and Zawieruszynski texted, and she told him she wanted to attend the party. She arrived later that evening with cupcakes. Marks, who had surveillance cameras outside his home, observed Zawieruszynski enter his home in high spirits and “no signs of distress or hesitation.” She partied with Marks and the guests and entered his swimming pool.
Surveillance footage, according to Marks’ lawsuit, shows Zawieruszynski willingly undressing and entering the pool without any coercion or pressure. The footage also shows Zawieruszynski engaging in consensual sexual activity with Marks and Douglas and footage of Zawieruszynski moving throughout the home without fear, the lawsuit says. She also had multiple opportunities to leave if she had felt uncomfortable, including a time when she was in the house while Marks and Douglas were outside in the pool.
Marks’ surveillance cameras included audio, which he said in his lawsuit further demonstrates the “consensual nature of the interactions.”
Footage from later in the night shows Zawieruszynski leaving the property without any signs of distress, certainly not fleeing from a dangerous situation, the lawsuit says.
But a month after the party, Zawieruszynski went to the Manvel Police Department and claimed she had been kidnapped by Marks and Douglas and was sexually assaulted by the two men. She alleged that she had been afraid to leave the house and neglected to inform the police department about her prior relationship with Marks.
The complaint used to get an arrest warrant for Marks failed to mention this relationship or the surveillance footage that contradicted Zawieruszynski’s claims, even though Marks had informed police officers of the footage.
When police searched Marks’ home, he alleges they attempted to tamper with his surveillance system by reducing the retention period of footage, which could have erased evidence. He was also temporarily locked out of the system and prevented from accessing the footage.
Marks was arrested on December 7 and alleges officers used excessive force and ignored his requests to speak with a lawyer. He was held on a $300,000 bond and wasn’t told the charges against him. His arrest was also broadcast across the media and caused damage to his personal and professional reputation.
The Brazoria County District Attorney’s Office even tried to stop the prosecution of Marks, suggesting police drop the charges because of the evidence showing Marks was innocent. But police persisted, and the case was brought before a grand jury, which refused to indict Marks.
Now Marks is suing the city of Manvel, two named police officers, as well as Zawieruszynski, claiming they made false allegations against him.
Douglas has filed his own lawsuit.
Manvel Police Chief Keith Traylor said in a statement to ABC 13 that Marks’ claims against the police department were false.
“Following the arrests, several false or misleading allegations were made against the Police Department,” Traylor said. “Sadly, these destructive narratives only serve to divide our residents and have no place in our community. The Manvel Police Department works to uphold the highest standards of the law enforcement profession, and the outcome of this legal action will demonstrate that we have held to these standards.”
Thomas Cammack, an attorney representing Zawieruszynski, told ABC 13 that his client was filing her own lawsuit.
“Despite recent claims and circulation of a misleading and harmful narrative, it is clear that Ms. Zawieruszynski was raped, and did not consent to any sexual activity with the perpetrators,” he told the outlet. “After the incident, Ms. Zawieruszynski sought immediate medical attention, where a thorough forensic examination was conducted, which provided substantial evidence supporting the fact that the encounter was non-consensual and that the victim’s injuries were consistent with sexual assault – information that will be highlighted in Ms. Zawieruszynski’s recently filed lawsuit.”
He added: “The evidence in this criminal case is being reviewed and has been turned over to law enforcement, including Ms. Zawieruszynski’s need for ongoing surgical interventions to repair internal and external physical damage from the assault. Ms. Zawieruszynski is cooperating fully with the authorities and remains committed to pursuing justice through the legal system where she is looking forward to seeing the truth and facts prevail.”
