The Excerpt: Unearthing Justice in "Untested"

In a special bonus episode of The Excerpt podcast, released on May 6, 2025, host Dana Taylor introduces listeners to "Untested," a chilling true crime podcast from USA TODAY and Witness that delves into a case where a crucial piece of evidence, a DNA swab, languished untested for years, potentially allowing a serial sex offender to continue his crimes. The episode features an interview with Gina Barton, an investigative reporter for USA TODAY and the host of "Untested," who provides insight into the reporting process and the compelling reasons why listeners should tune into the series.

Taylor begins the episode with a content warning, acknowledging the sensitive nature of the subject matter, which includes descriptions of sexual assault and suicide. The story centers around Detective Annie Harrison, a Michigan law enforcement officer who stumbled upon a DNA match in an email after returning from a family vacation. This discovery ignited a quest that spanned two states and 800 miles, ultimately leading to the identification and pursuit of a serial sex offender who had evaded justice for a decade.

Barton explains that the genesis of "Untested" stemmed from an investigation into the widespread issue of untested rape kits and the effectiveness of a federal grant program designed to address the problem. During this initial research, Barton encountered a court file pertaining to Marshawn Curtis, a man nearing trial for sexual assault. Attending the trial, Barton met Detective Annie Harrison and became engrossed in the intricate details of her year-long pursuit to bring Curtis to justice for crimes he had long gotten away with. The potential for a gripping narrative, coupled with access to compelling audio recordings offering an intimate glimpse into the workings of a police investigation, convinced Barton that this story deserved to be told through a podcast format.

Taylor then explores the central character of the show, Detective Annie Harrison. Barton recounts her first impression of Harrison in the courtroom, noting her initial intimidation by Harrison’s authoritative demeanor. However, as Barton engaged in conversation with the detective, she discovered a rare quality among law enforcement officers: a willingness to acknowledge mistakes made during the investigation, a capacity for personal growth, and a genuine empathy for victims. Harrison’s commitment to ensuring that rape kits are tested and her insistence that police departments nationwide must improve their handling of sexual assault cases further solidified Barton’s admiration. Over the course of approximately 40 to 50 hours of recorded conversations, Barton gained a deep understanding of Harrison’s character and motivations.

A clip from one of these conversations is played, revealing Harrison’s lifelong curiosity and strong sense of justice, traits instilled in her by her hard-working single mother. Harrison expresses her belief that "bad things happen to good people" and her desire to be a source of help and support for those affected by injustice, which fueled her career choice in law enforcement.

Taylor probes into the differences between Harrison’s approach and that of the other detectives who had previously worked on the Curtis case. Barton emphasizes Harrison’s victim-centered investigative style, highlighting her focus on making victims feel comfortable and avoiding re-traumatization during the investigation process. Harrison’s proactive approach involves building a case under the assumption that the victim will not testify, ensuring that prosecution is possible even without their direct involvement. This contrasts sharply with the approaches of other detectives involved in the case. In the initial 2012 investigation, the detective failed to submit the rape kit for testing, dismissing the case as a "he-said-she-said" scenario. In 2020, another detective in Georgia treated the victim as a suspect while showing undue friendliness towards Marshawn Curtis, even expressing a belief in his innocence before conducting a thorough investigation.

Another audio clip is played, showcasing the stark contrast in investigative approaches. The Georgia detective is heard telling Curtis that his actions, though perhaps unwise, were not illegal, and that she hopes to clear him of any wrongdoing. This highlights the concerning lack of objectivity and the potential for bias in the earlier investigations.

Barton then unveils the various compelling twists and turns that emerged during Harrison’s investigation. The fact that Curtis had been accused of rape in 2012 but was not held accountable, only to commit a similar crime eight years later in Georgia, is particularly heartbreaking. Further investigation revealed additional troubling behavior, including a sexual encounter with a fifteen-year-old girl, incidents of exposing himself to women, and planting cameras in public restrooms.

Taylor addresses the ethical considerations of reporting on such a sensitive topic, specifically how Barton approached dealing with the victims. Barton emphasizes the importance of being mindful of the trauma experienced by victims and avoiding any actions that could cause further harm. The "Untested" team took significant steps to ensure that all victims were comfortable with the use of their names, the context in which their words were used, and the overall narrative. One victim, Jocelyn Phillips, granted permission to use her name but preferred not to have her voice included. In response, her part was read by an actress, allowing her story to be shared while respecting her personal boundaries.

The conversation shifts to the broader issue of untested rape kits. Barton reveals that the primary problem lies in the lack of planning and action taken after the kits are tested. Many agencies obtain grants, submit the kits for testing, and generate DNA profiles, but fail to take the necessary steps to reinvestigate the cases and utilize the new evidence. Barton praises Michigan’s approach, which involves a dedicated team consisting of a detective, prosecutor, and victim advocate who work together to re-examine every case where a rape kit has been tested.

Finally, Taylor asks Barton about her hopes for what listeners will take away from the podcast series. Barton stresses the need for improved training for law enforcement officers, particularly in victim advocacy and case building. She highlights the importance of training prosecutors to pursue cases even when victims are unwilling to testify. Barton points out that the small differences in training and approach can have a significant impact on whether or not suspects are brought to justice. Had Harrison not pursued the case, Curtis might still be at large, potentially harming other women.

Barton expresses her gratitude for the opportunity to discuss "Untested" on The Excerpt. Dana Taylor concludes the episode by encouraging listeners to subscribe to the full season of "Untested" on Apple or Spotify, promising an ad-free listening experience. She also promotes Witness’s other true crime content, available at witness.usatoday.com. She acknowledges the contributions of senior producers Shannon Rae Green and Kaely Monahan, as well as executive producer Laura Beatty. Taylor invites listeners to share their thoughts on the episode by emailing [email protected], and announces that Taylor Wilson will be back the following morning with another episode of The Excerpt.