In Lansing, Michigan, Annie Harrison felt a wave of nausea as she read the lab’s email. This nightmare had struck again.

Back in 2012, authorities didn’t act on a case against Marshawn Curtis, and now, nearly ten years later, his DNA was linked to a different rape case.

She feared there might be even more victims waiting for justice.

In the event that this case reached court, a single witness could change everything. If Joslyn Phillips testified that Curtis assaulted her in 2012, and a jury accepted her account, he could be convicted based solely on that testimony. However, jurors might be influenced by Curtis’s assertions of consent. In a scenario where it’s a matter of conflicting stories, if the jurors remain uncertain about the truth, they are obligated to rule “not guilty.”

Harrison was assigned to examine Phillips’ case as part of her role with a Michigan task force focused on revisiting old sexual assault cases. The recent rape complaint filed in Georgia, far outside her jurisdiction, limited her ability to seek justice for the victim there. Nevertheless, she hoped to leverage that case against Curtis.

According to federal court guidelines and Michigan legislation, past accusations of sexual misconduct, even without charges, may allow previous victims to testify in a rape case. A single victim’s statement might produce reasonable doubt, but if additional victims step forward, it could significantly influence the jury’s decision.

Motivated by this, Harrison began exploring Curtis’ history and uncovered a series of troubling complaints.

Just a month after Phillips left his residence, Curtis invited a 15-year-old girl to hang out. She recounted to Harrison that Curtis had expressed a desire to make her pregnant, and eventually, that became a reality.

Due to her age, engaging in sexual relations with the girl was illegal. Even after a paternity test confirmed Curtis as the father, her family opted not to pursue a statutory rape case against him.

Harrison also discovered a police report from February 2018 detailing an incident where security footage showed Curtis violently assaulting a girlfriend—head-butting her, pulling her by the hair, and repeatedly punching her.

The woman declined to cooperate with law enforcement. In a daring move, prosecutor Aylysh Gallagher decided to take Curtis to trial for domestic violence without the victim’s testimony, but the jury ultimately acquitted him.

Additionally, Harrison identified several other distressing incidents involving Curtis. While they may not have involved physical assaults, collectively, they painted a horrifying picture of his behavior.

∎∎∎

On August 4, 2019, a Michigan State University student named Hannah was walking home from a bar late at night when Curtis approached her. Initially, she attempted casual small talk, and he mentioned wanting to grab a bite at McDonald’s, prompting her to give him directions. But he didn’t veer towards the restaurant and instead walked closely beside her while exposing himself.

Hannah chose to ignore his actions.

Her anxiety spiked, and she began to struggle for breath. The scenario was alarming; she was vulnerable, in a dark area with a potential predator, and there was no one else around.

Hannah had her phone but feared if she tried to call for help, he might snatch it away. She wished to run home and secure herself inside but knew he could follow her there.

She paused at a corner, with Curtis still lurking right next to her and continuing his lewd behavior.

Suddenly, a car approached the stop sign. In a moment of desperation, Hannah dashed in front of it, banging on the hood to stop it from leaving. The man in the passenger seat lowered his window.

This guy is following me, she exclaimed. Can you please stay with me?

As she uttered those words, she recognized that the situation could escalate even further, going from a single menace to perhaps more threatening individuals in a vehicle.

Fortunately, the men in the car offered assistance. Before any of them could call 911, a police cruiser pulled up nearby.

Curtis was apprehended and charged with aggravated indecent exposure.

This incident was just one among five sexual misconduct allegations against him within a span of a few months.

He had previously followed a woman into a bookstore restroom, where he had secretly set up a camera. Surveillance footage from the store revealed him engaging in inappropriate acts. As part of a plea agreement, he was found guilty in this case, along with Hannah’s, receiving probation and a four-month jail sentence.

In another instance, he accosted a woman exiting a mall restroom, falsely claiming he had filmed her while she urinated; she only believed him when he commented on her blue underwear. No charges followed.

He also made a young high-school girl uncomfortable at the public library, following her and saying he had taken a picture of her while she was sitting down, and asking to see her toenail polish. Again, he faced no convictions.

Finally, just blocks from the courthouse, he harassed a potential juror, ensuring she could view him while he was engaging in inappropriate acts on the street. He ignored her cries for him to stop and attempted to hide under a parked truck when police arrived with weapons drawn. He was arrested, but only due to an unrelated warrant.

In certain instances, investigators had not interacted with the victim at all. Harrison took it upon herself to reach out to each of them. If the judge allowed it, their statements could greatly enhance Phillips’ credibility in the eyes of the jury.

There was another witness Harrison needed to track down: Emily Zaballos, the woman from Georgia who had accused Curtis of rape. The judge would likely permit her to testify—if Harrison could convince her to do so.

∎∎∎

The email that informed Harrison about the DNA match in Gwinnett County, Georgia, also provided the name of the lead investigator, Angela Carter. Harrison managed to get her on the phone.

I’m calling regarding a rape report against a man named Marshawn Curtis, Harrison stated.

To Harrison’s surprise, Carter responded, That report was unfounded.

Carter informed Harrison that the woman who made the accusation had altered her story multiple times.

According to Georgia law, when someone reports a rape, the corresponding rape kit is mandated to be analyzed, regardless. However, Carter had closed the case ahead of receiving the lab results.

While reviewing the case files, Harrison discovered that Carter had spoken with Curtis over the phone. He firmly denied having any sexual encounter with Zaballos, let alone committing rape. Carter had obtained a video he shot earlier in the evening where Zaballos appeared to be slurring her words and was incoherent.

Carter questioned Zaballos on the night she reported the rape and later followed up with her via phone. A month later, they had a discussion at the police station while a camera recorded as Carter challenged Zaballos about her contradictory statements.

“The reason I wanted to bring you in here is that I’ve reviewed everything we currently have. I spoke with Curtis and so on,” Carter told Zaballos. “I analyzed the video footage from the officer. You provided different details to him than you shared with me. … I need you to go through everything that happened, from when he arrived to when he left.”

Carter pressed for details: Had Zaballos consumed any alcohol that night? How much did she drink? Why didn’t she ask him to leave? Why didn’t she force him to leave?

With each response, Zaballos’ voice diminished. The intervals between her replies lengthened. Tears welled up in her eyes.

Carter then posed a poignant question: “Do you want to move forward with the prosecution?”

Zaballos replied, “I don’t want him to think this behavior is acceptable. But I can’t stand to relive this.”

Carter interjected, “So how do you want to proceed? What do you want to do from here?”

Now in tears, Zaballos blew her nose. “I don’t want to keep going over this repeatedly because, at this point – ”

Carter pressed, “I need a clear answer. Do you want him to face prosecution? Should he go to jail?”

Zaballos sniffed, inhaled slowly. “I don’t wish to deal with this. … It’s just too overwhelming for me right now.”

Carter pressed further, “So you don’t wish to proceed with prosecution?”

Another sniffle. A deep exhale. “No.” A moment of silence. A soft whisper: “I just want it to disappear.”

“Understood. I can see this is tough for you. Do you have any more questions for me?”

“No.”

“As it stands, the case will be deemed unfounded,” Carter informed her. “It will be closed, and you won’t be contacted about this anymore. Is that clear?”

The interview lasted 13 minutes.

∎∎∎

Watching the footage weeks later, Harrison noted that it was evident Carter didn’t believe Zaballos had experienced rape. However, Harrison felt compelled to believe otherwise.

In January 2022, she and her partner, Joseph Merritt, boarded a flight to Georgia. Harrison had identified several potential addresses for Zaballos in the Atlanta suburbs. The two detectives headed straight to the first location upon landing.

By the time they knocked on the door, the winter sun hung low in the sky. Zaballos’ ex-husband answered. He informed them that she no longer resided there and declined to provide her new address to strangers. However, he did give them her phone number.

They proceeded to a second location, but Zaballos was absent. Darkness fell. They realized they might spend the entire night roaming the neighborhood trying to find her. Merritt parked the rental car on the side of the road while Harrison retrieved her phone to dial Zaballos’ number.

Voicemail.

A few minutes passed, and she tried again. Voicemail. Voicemail. Voicemail. Harrison preferred not to leave a message, knowing a conversation would be more effective.

She dialed again, and this time, Zaballos answered.

I’m a detective from Michigan, Harrison introduced herself. Do you recall making a police report in April 2020 when you visited the hospital?

Zaballos remembered.

I’m currently investigating the same individual, and I’d like to speak with you, Harrison said.

Zaballos agreed but requested to meet at the police station and needed some time to collect herself.

They met about an hour later.

The DNA from your rape kit matched a cold case I’m pursuing in Michigan, Harrison revealed.

What? Zaballos reacted in disbelief. My rape kit? Mine? Are you sure? They told me it was inconclusive.

Harrison expressed her regret, a customary gesture she extended to every victim.

I can’t believe I allowed myself to be persuaded otherwise, Zaballos lamented.

She shook her head repeatedly.

I’m not delusional. I know I’m not. I was raped. I sensed he was dangerous. I knew it.

∎∎∎

Zaballos first encountered Curtis through the dating app Plenty of Fish in the spring of 2020.

At 32 and recently divorced, Zaballos welcomed Curtis into her home while her three daughters were with their father.

Zaballos expected a casual evening to get acquainted, have a few drinks, and perhaps watch a film together. When Curtis arrived later than planned, she changed into her pajamas and began drinking alone.

Sometime after midnight, Curtis arrived inebriated. He was overly touchy right from the start, making her uncomfortable. To ease the awkwardness, Zaballos offered to show him some kittens in a box in her bedroom.

However, he began making inappropriate comments about her body, prompting her to tell him to back off. Then, he inserted his hand down her shorts.

She slapped him. Get off me!

She climbed off the bed and headed to the bathroom. It was the middle of the night, and he needed to regain his sobriety. They should just go to bed, and by morning, everything would feel better.

When she returned to the bedroom, Curtis, who was five years younger, appeared regretful.

Can I talk to you? he asked.

Sure, she replied, but keep your hands to yourself. I’m not interested in being intimate with you after what you did. It was completely disrespectful. Would you want someone to treat your daughters in that way?

She believed she had made her point. She hoped he would pass out and sleep off his intoxication.

But she was mistaken.

Before she could process what was unfolding, he was assaulting her.

She screamed for him to stop and locked her legs together as tightly as possible, but he forced them apart. Despite her struggles, she managed to strike at him.

Get off me! Get off me!

He eventually released her and made a beeline for the door.

Zaballos rushed upstairs, trembling, and explained what had happened to her roommate, who immediately called the police. After answering numerous questions from the officers, her roommate drove her to a rape crisis center for a rape kit examination.

Afterward, Zaballos signed a form to allow law enforcement access to the evidence, believing that they would ensure Curtis would face consequences.

However, the Gwinnett County police declared the case “unfounded.” They did not acknowledge that a rape had occurred.

Harrison believed Zaballos’ account; she had traveled all the way to Georgia to find the truth.  And she required Zaballos to testify in Michigan.

Please tell me he hasn’t harmed anyone else, Zaballos pleaded.

But Harrison couldn’t guarantee that. She was aware of what Curtis had done to Joslyn Phillips.

∎∎∎

By the time Harrison arrived at her door in 2022, Phillips was raising her daughter alone in the countryside, which allowed her to limit her interactions with others. A decade had passed since she had reported her rape to the police.

When Harrison inquired if she remembered making the report, Phillips began to cry.

I’ve spent years trying to heal, and now you’re showing up? she asked.

In 2012, she had told the Lansing police that she wanted to pursue prosecution, but nothing materialized.

Several years later, another officer had visited her, and that’s when she learned that her rape kit, like countless others across the country, had not been tested initially.

When it was eventually tested, the DNA matched Curtis, as the officer had informed her. This revelation didn’t come as a shock; Phillips had always known his name and had provided it to the police immediately.

This officer also inquired if she wanted to pursue prosecution, and once again, she said yes, but it didn’t proceed.

Harrison expressed her regret for the way Phillips had been treated and assured her that she sought to hold Curtis responsible.

Are you saying you’re going to send him to jail? Phillips asked.

Yes, Harrison confirmed. Is that what you want?

Phillips’ response remained consistent: Yes.

During a follow-up call days later, Phillips expressed her frustrations vigorously. She discussed how the assault had devastated her life, how she felt disbelieved, and how Curtis continued to stalk her for years with little action taken against him.

I deserve justice! she shouted. He’s still out there hurting others, and it’s your fault!

Harrison recognized that she was part of the flawed system that had let Phillips down and allowed Curtis to escape accountability.

But there was one crucial difference: From the moment she read the police reports, she believed the victims.

Thus, instead of sending Curtis a letter requesting him to come in for questioning, she took decisive action and issued a warrant for his arrest.