[advocate] This is one
of the most screwed-up parts
of the United States system, period.
It's unethical, and it's immoral.
Parents have no rights.
Parents have no rights.
I know it would've been kinder
for them to sh**t you
than to take your child away.
[mother] Why, for so many years,
no one has changed this?
This is screwed up.
[advocate] That is why I'm telling you,
when you get your child back,
you leave that hospital,
and you never ever go back.
[woman] I'm gonna be frank. I'm appalled
at what this child has had to go through.
- [child] Monster!
- [mother] No monsters. Mommy's here.
[woman] I feel like you had
your head in the sand.
[man] I trusted the doctors.
[bailiff] Do you solemnly swear
the testimony you give is the truth,
the whole truth,
and nothing but the truth?
I swear.
[mother] I can't help it.
I'm fighting for my child.
How should I feel?
[man, crying] Oh my God.
[911 dispatch]
Tell me exactly what happened.
[young woman] You have the audacity
to ask me why I'm afraid of hospitals?
You traumatized me!
[bailiff] All rise. This 12th
Judicial Circuit Court is now in session.
[child] I miss you,
and I hope I get to see you soon.
[mother] I'm sure you will see me
pretty soon.
We just have to be patient, okay?
[waves breaking]
[birdsong]
[man] We build a family with love.
- Honesty.
- [children shouting excitedly]
Trust.
We, as parents, try to do
the best we can for our children.
You do everything for them.
That's what Beata and I did.
But there's nothing that could prepare me
for what I went through with my family.
[sighs]
Nothing.
[court clerk] This marks the beginning
of the deposition of Jack Kowalski.
We are on the record.
October 25th, 2021, at 9:02 a.m.
[lawyer 1] Mr. Kowalski, I'd like to ask
a little bit about your wife.
[Jack] I started falling in love
with Beata right away.
She had something special about her.
It was in her eyes.
She was genuine.
She was magic, you know?
Beata came here from communist Poland
when she was 16 years old.
She went to high school in Chicago,
and I remember her telling me
that one of her teachers said
she was never gonna make it
because she don't know
how to speak English too well.
And that's not the thing to tell Beata,
because she didn't take no for an answer.
And yes, I did hear "no"
a lot of times where I was wrong.
[laughs]
She put herself through college,
and she became a nurse
in the cardiac cath lab
at Loyola University Medical Center.
She proved them wrong.
Beata wanted nothing more
than to have her own child.
Right away, she planned
how the room was gonna be,
and she would go out
and buy clothes and decorate.
From the very beginning,
I knew she was gonna be a great mother.
Unfortunately, we had some difficulty
having a child.
But no matter how stressful it was,
Beata wasn't gonna give up.
- [heartbeat]
- She would not give up.
And that's when Maya was born.
[crying]
Beata always made sure
that Maya had the best of the best.
Piano lessons. Polish school.
She wrote little notes
about everywhere Maya went.
It was just the warm feeling
of having more to share in our lives.
And then, two years later, Kyle was born.
Stroke of luck.
No No trying! [laughs]
- [guitar playing]
- I found myself dreamin'
In silver and gold
Like a scene from the movies
That every broken heart knows
[Jack] In early spring of 2015,
life was good.
Beata was working as an infusion nurse,
helping people
with their treatments at home.
I was a firefighter,
and then eventually retired,
and I was able
to spend more time with the kids.
We had a beautiful house,
beautiful neighborhood.
Dream come true. Paradise.
But then Maya started to get sick.
[court clerk] This marks the beginning
of the deposition of Maya Kowalski.
We are on the record.
Friday, October 15, 2021.
[lawyer 1] Hi, Maya. Um
Now, back during the period of time,
you know, 2015 to 2017,
I'd like to get an idea of what type
of symptoms you had back then.
Do you recall?
I remember I was in a great deal of pain.
My arms, my legs, my feet.
I would always feel very lethargic,
and I wasn't able
to move as efficiently anymore.
We didn't know the exact cause,
and it got progressively worse.
- [man] When did she start having problems?
- [Beata] So
At first, I didn't think much of it.
I just thought it was her asthma.
- But then she had chest congestion.
- [doctor] Mm-hmm.
- Okay.
- [Beata] Coughing up yellow-green sputum.
- [doctor] Okay.
- [Beata] Sinus infection.
And she couldn't go outside.
Every time she went outside,
she started to cough.
[doctor] Mm-hmm.
[Jack] It all started
with some breathing problems.
Uh, she had a respiratory infection.
[coughing]
[Jack] She was experiencing headaches,
blurred vision.
- Her skin felt like it was on fire.
- [Maya wheezing]
[Beata] That doesn't feel good
when I touch your legs, right?
[Jack] Her legs were turning in.
- [woman] You can do it. You can do it!
- [Beata] You're almost by Mommy.
- [Jack] She couldn't walk.
- [Beata] Almost there.
- [Beata] I know.
- [Maya] I can't take it!
I can't take it! [crying]
[Jack] I remember hearing her crying
throughout the night in extreme pain.
[Beata, faintly] I know.
But we had no answers.
That was not acceptable for us.
- [Maya coughing]
- [horn blares]
- [coughing continues]
- [Beata] Maya.
- [Maya whimpering]
- [Beata] Be strong.
[Maya] I'm trying to be strong.
[straining and coughing]
[Jack] We went to doctor after doctor,
one hospital to another,
trying to get an answer.
And as a nurse, Beata was very thorough,
so she documented every doctor visit
from the very beginning,
but they just put their arms up in the air
and said, "There's nothing we can do."
"We don't know what it is."
[doctor] I hear your story.
I understand she's been going through
a heck of a lot of stuff,
but I'm still not certain
of what we're dealing with,
to be honest with you.
- A kid can tell you, "I can't breathe"
- [Beata] Mm-hmm.
[doctor] How do I know
she's not having an anxiety att*ck?
- [Beata] Well...
- [doctor] There's a lot of question marks.
[Beata sighs]
[typing]
[doctor] Just give me one second.
[door closes]
- [Beata sighs]
- [Maya] Mom, it's not anxiety.
- [Beata] I know, baby. I know.
- [Maya whimpers]
[Beata] He's just trying to figure it out.
You just stay as calm as you can.
[Jack] We knew, as parents,
something was wrong,
and they are not doing enough.
So when Beata got home,
she didn't go to bed.
She researched.
And that's when she ended up
finding Dr. Kirkpatrick.
[man] Maya, is it okay if we can use
this video to educate other children?
- Yeah.
- [man] Okay, good.
Let's go over your history a little bit.
Approximately three months ago,
you started having some pain
down in your feet here, okay?
You see how her legs are turning in?
We call that dystonia, okay? Dystonia.
In fact, it's so bad right now
she can't even bear weight safely, okay?
- Ready for testing?
- [Maya] Yeah.
[Kirkpatrick] Take that right hand,
as best you can,
and see how far you can get it
before you have to stop, okay?
Is that That's it, right there?
Very good, Maya.
Now we're gonna ask your mom to help you.
She's gonna get over here,
and she's gonna hold your foot up
and try to wiggle your toes
as best you can, okay?
Can you try that?
You giving it everything you got there?
- Mom, you don't see any movement, do you?
- [Beata] No.
[Kirkpatrick] Okay, Mom. Good job.
Maya, would you like to have a blanket
[Kirkpatrick] When I first saw
the Kowalskis in September 2015,
it was obvious
what the problem was with Maya.
It was clear and simple CRPS,
complex regional pain syndrome.
[narrator] This videotape
has been prepared
in consultation
with Dr. Anthony Kirkpatrick.
[Kirkpatrick] What is complex
regional pain syndrome?
The best way to think about it
is the way it evolves.
Let's say you have an injury.
You know that probably in a week or two,
the pain's gonna go down,
the swelling's gonna go down,
the redness and all that's gonna go down.
But what happens
in these patients with CRPS
is that it actually intensifies
over that period of time.
[narrator] Published case studies indicate
that the incident of CRPS
increases dramatically
between nine and 11 years old,
and it is found predominantly
in young girls.
[Kirkpatrick] The patients describe it
primarily as a burning sensation.
That their skin becomes
exquisitely sensitive to light touch.
[woman 1] Picture a floating feather,
soft to our touch.
Patients say this feels more like
a Kn*fe stabbing their body.
The syndrome was first described
over 100 years ago,
but it was only recognized
in modern medicine in the 1990s.
Still, many don't know the problem exists,
and many of those suffering were told
the problem was
psychological and imagined.
[Kirkpatrick] After my initial evaluation
for Maya,
it was clear to me that,
because of the magnitude of her symptoms,
the lesions,
this burning sensation in her legs,
and the pain throughout her entire body,
that Maya had advanced CRPS
that we had to right away
get aggressive with and get under control.
We've treated over 3,000 patients
with complex regional pain syndrome.
And we know
what the best therapy is for it.
It's called ketamine.
[woman 2] A drug typically known
for its recreational use in clubs
is now making another name for itself
among pain-management specialists.
It's called ketamine,
and medical experts are using it
to treat patients
suffering from chronic pain.
[Kirkpatrick] Ketamine is a safe,
effective treatment
for advanced complex
regional pain syndrome.
Because when the ketamine
gets into your body,
it actually stimulates the brain
and kind of resets everything.
It tends to increase your blood pressure,
increase your circulation,
and increase your breathing.
With Maya,
we first tried the outpatient procedure
at a relatively low dose
- [Kirkpatrick] Any pain?
- Um
but it was not working.
Just here
So I discussed with the mother
and with Maya
the idea of the ketamine coma procedure.
[anchor] Some patients are taking control
of their pain by going into a coma.
Here, doctors use
up to 50 times the typical dose
to induce a five-day coma.
You see enough patients,
you know how they deteriorate.
Nothing is working.
Surgery doesn't work, dr*gs don't work,
nerve blocks don't work,
and you do this one thing, and it works.
[anchor] Dr. Kirkpatrick says
the experimental treatment
is only available in Mexico.
When this was told to me,
that we would have to go to Mexico,
I I was in disbelief.
[Kirkpatrick] flat on your back
[Jack] And then he told us that there's
a chance that she could potentially die.
[Kirkpatrick] I have a feeling
she'll do very well.
[Jack] It was very scary,
but there was no other options.
It was that,
or see Maya deteriorate every day.
So we decided
to take her to Monterrey, Mexico.
[heartbeat]
[ventilator hissing]
- [Maya, crying] I will wake up?
- [Beata] Yes, you will.
- [Maya] Will I be normal?
- [Beata] Yes. You are normal.
Yes, and you'll be very normal
when you wake up.
- [Maya] I feel weird.
- [Beata] You're not weird.
[Maya] I feel very weird.
- [doctor 1] Has the
- [Maya] I feel very weird.
- [Beata] You're doing great.
- [doctor 2] She's doing well. Responsive.
[lawyer 1] I'd like to go back
to the ketamine coma in Mexico.
Do you remember anything
about that hospitalization?
Uh, yeah. I remember being in the room.
It was a higher dosage, and therefore,
I experienced more of the side effects,
like the hallucinations.
But I know that my mom was there with me,
and that helped.
[Beata] Here is coma day one,
Wednesday, November 18th.
Maya is doing well.
Today is Friday, November 20th.
This is day three coma.
Maya is doing great.
It's coma day five.
She, uh, had a bad episode this morning
of vomiting,
so they had to give her extra ketamine.
This is coma day six, 11-22-15.
I love you, Maya.
Daddy loves you.
Kyle loves you. Corinne loves you.
Everybody loves you.
[heartbeat]
[ventilator hissing]
- [Beata] No! No, no, no, no.
- [Maya screaming]
[Beata] Keep that Keep that on.
Don't lift that.
- [Maya] Mommy!
- [Beata] Yes, Mommy's right here.
- [Jack] Hey.
- [Maya whimpering]
- [Beata] I'm right here.
- [Maya] Mommy, monster, monster, monster
[Beata] No monsters. Mommy's here,
and Mommy's not a monster, okay?
[doctor] Maya, remember remember
we were gonna ask you some questions?
Your mom wants
to ask you some questions, okay?
- Yes.
- [Jack] Okay, don't touch your glasses.
- [doctor] Okay, Mom?
- Yes?
- Hello, Maya.
- Yes?
- It's Mommy. You remember Mommy?
- Yes.
- Yes.
- Okay, good.
- Who Uh, what's the name of your brother?
- Kylie.
- [Jack] Good girl!
- [Beata] Wow!
[doctor] So she's doing fairly well,
and she, um She's got the wiggles.
That's not unexpected, and I would say
she hasn't had any adverse hallucinations.
- Would you agree?
- I agree with that.
[doctor] All right.
So, Maya, here's one question.
- Are you ready?
- Yes.
[doctor] Show me the sign, Maya.
- Show me the sign.
- This.
[doctor] There you go! Hey! She's got it.
[chants] She's got it. She's got it!
[Jack] Maya came out of the coma,
and she was better.
[chuckling] She said she was hungry,
which was a huge relief to hear.
[Maya] The coma worked.
The ketamine helped me tremendously
with my pain.
I had a little bit
of short-term memory loss,
and sometimes
things were really blurry with my vision,
but I was willing
to have those side effects
if it was gonna help me overall.
[Kirkpatrick] Okay, Maya.
It's, uh, now January 6,
and you had your ketamine coma.
Now, having been through all that,
is was it worth it?
- Yes.
- [Beata] Helped a lot.
- Especially with the headaches?
- Yes, her headaches are a lot better.
- [Kirkpatrick] Yep.
- They're minor now.
- Yeah.
- [Kirkpatrick] Right.
- Her pain in the legs is better.
- [Kirkpatrick] Right.
- It's getting...
- So yeah.
- [Kirkpatrick] Right...
- It's all better.
[Kirkpatrick] Let's do some testing, Maya.
Are you ready for that?
Take that right hand,
put it behind your head.
You couldn't do that, no way, before.
Any pain when you do that?
Not really, no.
[Kirkpatrick] Not really, okay.
Now do the other side, please.
- Again, you couldn't do that before.
- No.
[Kirkpatrick] And we talked about
how important it is
[Jack] When we got back from Mexico,
we couldn't afford to keep up
with Dr. Kirkpatrick's treatments,
so he recommended his colleague Dr. Hanna,
who took our insurance
and prescribed low dosages
of ketamine for Maya.
[Beata] That's better. I love you.
[Maya] I love you too.
[Beata] Now go down slowly.
[Jack] She was getting stronger.
- The dystonia was straightening out.
- [Beata] Now smile. Good.
[Jack] She was unable to use her legs,
but she was using her arms,
and she was doing very, very well.
[Beata] I'm sure Maya's gonna need
two doses of ketamine tonight after this.
[chuckles]
I feel better when I'm dancin'
[Jack] She went back to school,
to laughing and playing.
We were blessed
that we'd finally seen something working.
And for a year, it did.
Until the night of the hurricane.
[thunder rumbling]
[rainfall]
[thunder crashing]
[newsreader] Conditions were bad
an hour ago.
They've gotten worse now
as Hurricane Matthew
makes its way up
the east coast of Florida.
Bridges are closed.
People have been told,
wherever you are, hunker down.
It is too dangerous now to go outside.
[Jack] Maya relapsed.
It came back, and it was very severe.
She started complaining
of pain in her tummy.
And it got to the point
where she was screaming and crying
and begging for help.
I contacted Beata at work.
[Beata] Okay, hold on.
Let me pull over to the side.
[Jack] And I told her, "I have to take her
into the emergency room."
I remember pulling up at the doors.
Go to triage,
and then you get the same questions again.
The first nurse in triage
had no idea what CRPS was.
And then the other ones as well,
they wanted information and asked.
That's when I got my wife on the phone,
and she talked to the doctor.
[Beata] The pain meds
are low-dose naltrexone
and ketamine, oral,
prescribed by her doctor.
Her concern was merely
administering ketamine,
over and over, more and more and more.
[Jack] Beata shows up an hour later.
She was belligerent, demanding.
The mom was very controlling.
She told me,
"This is what you're going to do."
[Jack] Beata's explaining to them
this is what needs to be done
for the disease.
[Beata] You don't understand
her medical diagnosis.
You don't understand how much medication
it takes to control her pain.
[Jack] But they just didn't understand.
[Sanchez] There are risks
of respiratory failure, cardiac arrest.
Her daughter could die from this,
and it didn't seem that she was,
you know, worried about that.
[lawyer 1] Going back now to when you came
to Johns Hopkins All Children's Hospital
on October 7 of 2016.
Do you remember that day?
I don't think I remember that exact day,
but I do remember the very beginning
of my stay at Johns Hopkins.
I remember I was in a great deal of pain.
[lawyer 1] Was the pain
in your stomach or foot?
Was it all throughout your body?
[Maya] My stomach, mainly.
I was sent to the ER.
After that, I was transferred to the PICU,
or whatever that was called,
the intensive care unit or something.
That's most of what I remember.
[Beata] They started Maya
on low-dose ketamine,
but that wasn't working.
[man] As the days progressed, we did not
feel we made any effect to Maya's status.
We began questioning the diagnosis
of complex generalized pain syndrome.
Beata knew that low dosage
wouldn't wouldn't do it.
But they didn't listen.
At this time,
things started to become belligerent.
Things started becoming
talks of leaving the hospital.
That's where I started feeling unsafe
about Maya.
We were told
if we planned on trying to leave,
that security would be called.
[Malik] And if you have a suspicion
of child abuse,
well, then, you're required
to contact Child Protection Services.
Couple days later,
I was visiting Maya at Johns Hopkins.
At one point,
the nurse walked out of the room,
and in walked this woman with dark hair.
[bailiff] Do you solemnly swear or affirm
the testimony you give
is the truth, the whole truth,
and nothing but the truth?
- I do.
- [lawyer 2] Your name, for the record.
Sally Marie Smith.
[Jack] She never stated who she was.
She just walked in,
looked at me, looked at Maya.
She came in,
and she acted like a regular doctor
that worked for the hospital.
And she started to ask questions.
If they would've known who she was,
we would have never spoken to her.
[Jack] She asked, "What's wrong with Maya?
Where is she being treated?"
About medications.
How could I let somebody give
such high dosages?
And I told her
that's what the doctors prescribed.
[lawyer 1] Dr. Hanna,
I have 55 infusions here
ranging from early January
to October 6 of 2016.
I also understand that you wrote
several prescriptions for oral ketamine
to be used at home.
- Do you remember doing that?
- Yes.
Is it possible that the abdominal pain
was caused by these infusions?
I mean, it can be a side effect.
Well, he was giving the child
a thousand milligrams at a time,
day after day, after day, after day.
That is not routine ketamine dosing.
I have patients taking
1,500 milligram a day.
Every patient is different.
Some patients develop tolerance,
or their disease process
requires higher doses.
A thousand milligram over four hours,
that is what typically worked for her.
[Smith] There were multiple physicians,
including, as documented
in the, uh, report to the abuse hotline,
uh, who had concerns
for Munchausen syndrome by proxy.
- [man 1] Munchausen by proxy.
- [man 2] Munchausen by proxy.
[woman] Munchausen's by proxy
or medical child abuse.
Munchausen by proxy
is a form of child abuse
in which a caretaker provides
false or exaggerated information,
ignoring medical recommendations,
and that pattern of behavior
causes harm to the child.
[Jack] She did a ten-minute interview
at most,
and shortly after, she walks out.
[Smith] There was ample evidence
to support a diagnosis
of medical child abuse,
and it appeared most likely
that Mrs. Kowalski was the primary one
who was perpetrating the child abuse.
The nurse walks back in
that was helping me.
[breathing shakily]
She told me I had to leave.
That my daughter
is under state custody.
I remember looking in my daughter's eyes,
and she's looking at me.
I'm wondering
if I would ever see her again.
[birdsong]
[Jack] They accused her
of overmedicating Maya.
And they thought Maya
was faking this syndrome.
At that time, I said,
"We need to get a hold of a lawyer."
I met the Kowalskis in October of 2016,
and when I first met Beata,
um, I was impressed
by her knowledge of her child's illness.
She had been through a lot.
She had been to a lot of doctors
trying to get her daughter care.
And she was very, very, very concerned
about how Maya was going to do
being in the hospital
and being isolated from them.
She could not understand
why the Department of Children
and Families was doing this.
I explained to both Jack and Beata
these types of cases
are actually very common.
Child Protective Service investigators
have incredible power to remove children.
All they have to prove
is that there's probable cause
that there could be harm to the child.
In Florida,
the child welfare system is privatized.
So when Sally Smith reviewed Maya's case,
she was an employee
for the Suncoast Center.
That center assists
in investigating child-abuse allegations
in Pinellas County,
where All Children's Hospital
happens to be located.
Children in Pinellas County are almost
two and a half times more likely
to be removed from their families
than the state average.
I now refer to it
as the child-welfare industry.
But you have to remember something.
Back when Child Protective Services
really started in this country
in the '70s,
we were talking about children
that had suffered
from excess corporal punishment,
had been beaten,
might've had broken bones
or cigarette burns.
And we were talking about sexual abuse.
And while those cases are still happening,
in recent years,
we have a new diagnosis that's being used.
Medical child abuse,
where any parent
who's bringing in their child
with an unusual illness
to five different doctors
because you're trying to figure out
what's wrong with your child,
can be accused of doctor shopping
and exposing the child
to unnecessary medical procedures
to fulfill their own mental health issue.
[director] So, what was
your personal assessment of Beata?
I think she could be, um
a little too direct sometimes,
and maybe some of the doctors
took that offensively.
I believe somebody
at All Children's Hospital was offended,
and a conflict started.
[Kirkpatrick] As soon as I was made aware
that Sally Smith was investigating,
I called her immediately,
and I explained to her,
"This is what the diagnosis is."
"If you wanna see the objective evidence,
I got it for you."
I told her that on the phone.
She writes a report two days later.
Did she include that in the report? No.
I presented the information
to the best of my,
uh, professional ability
and, uh came to a conclusion.
[Kirkpatrick] I told her
that if she goes forward with this,
it would not only be
a catastrophic outcome for the child,
it would be a permanent injury
to the whole family.
[lawyer 2] Did he warn you
that your investigation could result
in needless and permanent harm
to the child and family?
I don't know if he specifically said that.
I know he documented something
some days later about our conversation.
I read you what I wrote down.
Um, I certainly will acknowledge
that, uh investigation
and medical evaluation
for child abuse and neglect
may cause some distress to a family.
[lawyer 2] Is that how you would classify
what happened to the Kowalskis?
Distress?
I don't know. You'd have to ask them
how they responded to the whole thing.
[crickets chirping]
Beata was focused on Maya's care.
But my approach was
not to cause any more tension
between the hospital and our family.
Instead of embracing each other,
it just There was a blow-up.
[Beata kisses Kyle]
[Kyle sniffling]
Our family was falling apart.
[Beata sighs]
[Salisbury] The first phase
of a dependency case is the shelter phase,
where the judge will decide
where the child will be placed.
They will have the Child Protection
Services investigator's preliminary report
and have layers and layers of hearsay.
[woman 1] suspicious to me
[Salisbury] "This doctor said this.
This doctor said that."
- [woman 2] was a concern
- [Salisbury] It's all admissible.
- [woman 1] psychiatric
- [man] risk
[Salisbury] So it's easy for them to win,
and it makes families very vulnerable
to the system.
[judge] Good morning.
We are here in the Kowalski matter
for a shelter hearing
as it relates to the child, Maya.
- [judge, continuing] I know that
- [commotion]
[Jack] Beata.
- [shuffling]
- Beata.
[medic 1] Starting rescue in reference
to a 50-year-old female.
- Just collapsed in court.
- [medic 2] Can you open your eyes?
- [medic 1] Subject is breathing
- [radio chatter]
- [medic 1] Beata. Hey.
- [medic 2] Beata, can you hear us?
- [medic 1] Beata? Can you open your eyes?
- [medic 2] Can you open your eyes for me?
[monitor bleeping]
[Jack] Beata fell to the ground,
smacking her head on the floor.
[Salisbury] Maya was placed
in Child Protection Services custody
at Johns Hopkins All Children's Hospital.
Her treatment regimen was changed
because they said that Beata had
Munchausen syndrome by proxy.
[Jack] The judge said that Beata had to go
for psychological evaluation.
[Salisbury] Beata had
a psychological exam done,
and the findings were
that she did not have
Munchausen syndrome by proxy,
but she had an adjustment disorder
with depressed mood
from having her child taken away.
And naturally,
by being att*cked by the system.
[lawyer 3] Um, Maya, do you remember
anyone at the hospital
telling you why you were being separated
from your parents?
[Maya] No one ever told me directly.
I kind of had to figure that out.
[lawyer 3] Did you have a sense?
You were only ten back then,
but did you have a sense
of what was going on?
I was so confused.
Like, I asked so many questions,
and they would never answer me.
They would just say,
"You can't talk to them."
So I really had no idea.
[Jack] There was a time where
I was finally allowed to go see Maya.
But there's a lot of rules
that I had to follow.
I wasn't allowed to ask how she was doing,
about her treatments.
I couldn't answer
when she was coming home.
Couldn't answer much about Mom.
The visit was very brief,
and it was very difficult,
because seen her condition
just going downhill.
So her feet turned in more.
She had more lesions.
And just seeing her getting
weaker and weaker,
that was
the most frustrating thing of all.
So when I come home from visiting Maya,
Beata wanted to know
how her little girl's doing.
She wants to know
if they're doing procedures
or giving meds and this and that.
And I couldn't say anything.
You know, I can't If I start doing that,
I'm gonna lose my privileges as a father
to go see my daughter,
and our daughter needs somebody
to come see her.
So I'd stay quiet.
[lawyer 1] Kyle, did you have
a chance to visit your sister
at Johns Hopkins All Children's Hospital
when she was hospitalized there?
Yes.
[lawyer 1] How did your sister
appear to you
when you would go visit her
at the hospital?
[Kyle] Uh
She appeared
like she did not wanna be there.
[Maya] It was hard for me
to be without my parents,
and it was hard to put all this trust
into people I didn't even know.
They even said
that it's all in Maya's head.
"The kid's sick."
"She's trying to tell people
what's wrong with her,
and nobody's listening."
That's incorrect. I know my daughter.
[lawyer 2] Do you think that she improved
from the time
that she was admitted to JHACH?
Yes.
She gained weight.
She was weaned off numerous medications.
She was no longer having abdominal pain.
[lawyer 3] From the time you came
into All Children's,
did your pain ever improve?
- [lawyer 4] Object to form.
- No.
No, not really.
Like, I was in constant pain.
And with CRPS, when it's left untreated,
like, without medication
and without the proper physical therapy
Uh, also without a support system,
that definitely plays into it.
But it's, like,
almost impossible to improve.
So, even though doctors
came in and out of my room,
um, I was never listened to.
I was basically ignored.
Five minutes or two minutes,
that's all it is.
[Kirkpatrick] This was not the first time
I've seen this type of scenario.
After a few days at the hospital,
they refused to give her ketamine.
And without the high-dose
ketamine treatment,
she had virtually
no mobility in her legs at all.
That's where you get blood clots forming,
which can break off, go to the lungs,
and it could be fatal.
And I felt it was important
that Beata understood
the seriousness of this.
[typing]
So I warned her,
in all medical probability,
that Maya would die a slow, painful death.
[Beata sighs]
[Beata sighs frustratedly]
One social worker
at Johns Hopkins All Children's Hospital
was assigned to my daughter.
- Please state your name for the record.
- Catherine R. Bedy.
Something didn't seem right with her,
so we googled her name.
The first thing that came up
was she was arrested for child abuse.
Beata is falsely being accused
of child abuse,
and she was on that other side
of the phone knowing this
and not being able
to do anything for her child.
[Beata] You just woke up?
[Maya] Yeah.
- [Beata] Who's with you today?
- [Maya] Cathi.
- [Beata sighs]
- [Bedy] Yes.
[Beata] You know,
she's really interrupting,
because I hear her talking
in the background.
- [Bedy] Mom?
- [Beata] Yes.
[Bedy] You need to redirect.
[Beata] I will redirect. I'm just telling
you this is my time with my daughter.
[Bedy] Mom, please redirect.
[Beata sighs]
[Jack] I later found out
the charges were dropped.
But it set off alarms with Beata.
Cathi Bedy told me
that I was gonna go into a foster home.
She told me that my mom
was in a mental institution.
She told me that she was gonna
end up adopting me.
[lawyer 2] Did you ever
sit Maya on your lap?
[Bedy] Yes.
[lawyer 2] Were you hugging Maya?
Um, I think that we provide comfort
to a lot of kids so, uh
probably whilst she was sitting on my lap,
I'm sure I did hug her.
[lawyer 2] Do you think Maya liked you?
[lawyer 4] Object to form.
Um, yeah, and
I also think that there were times
that Maya was very mad
because I happened to be
the face of the hospital,
along with the doctors.
[lawyer 2] Do you remember being told
why they wanted to take photos of you?
Yeah. Cathi Bedy came over to my bed,
and she was like,
"If you wanna go to the court hearing,
I have to do this."
[lawyer 2] Risk management
made the decision
to have these pictures taken of Maya?
- Yep.
- She removed my clothes
She was in her sports bra
and a pair of shorts.
held me down, took photos of me.
We took pictures of her arms,
her legs, her face, and her stomach.
I was screaming, crying, yelling "No."
[lawyer 2] She did not want you to take
pictures of her like that, did she?
She did not.
Could not have made it any more clear.
[lawyer 2] But you went ahead
and took pictures of her anyway.
Unfortunately, we did.
[lawyer 2] What steps were taken
to call the parents
and ask whether you could take pictures
of their child like this?
We didn't call the parents.
[Maya] I missed Halloween,
Thanksgiving, my birthday,
and all I could think about was
when could I go home and see my mom.
[Beata] Hi, Maya.
How are you, sweetie pie?
[Maya] I'm really not feeling well.
[Beata] You're not feeling good?
[Maya] Everything is hard for me.
I cry a lot.
[Beata] So the tramadol
doesn't do anything for you?
- [Maya] No, not at all.
- [Beata sighs]
What else are you getting for pain?
[Maya] Nothing else.
[Beata] Well, I'm very sorry, honey.
I wish I was there
to rub your back and hug you.
[Maya] Yeah, me too.
[Beata] Oh, did you get
that letter I wrote to you?
- From, um
- [Maya] No.
[Beata] Miss Cathi?
- [Maya] What?
- [Bedy] Miss Cathi has no letter from you.
[Beata] Okay, I sent it to Charlotte.
[Bedy] You'll have to talk with Charlotte.
[Beata] Okay.
Have you been able
to talk to your attorney?
[Maya] Yeah. He's gonna come today.
[Beata] Oh good. I just wanna make sure
that you are able to talk to him.
[Maya] Well, on the phone I'm not,
because I can't call outside.
[Beata] What do you mean,
you can't call outside?
You are not in a prison,
and you're not in a n*zi camp.
- [Bedy] Mom Um, Mom.
- [Beata] Yes.
[Bedy] She just has to ask the nurse
how to do it. That's all.
[Beata] Okay.
[sighs] How was your Thanksgiving?
[Maya sobs]
It wasn't really good.
[Beata] I know.
It was the worst Thanksgiving ever for me.
[Maya] I don't understand
why this happened, you know?
[Beata] Yeah, we It's very difficult.
It's very complicated.
[Maya] I mean, nothing's happened wrong,
and we're suffering now.
[sobs]
- [Beata] I know. I'm very sorry, honey.
- [Maya sighs]
[Beata] Very sorry. Just be strong, okay?
[Maya, shakily] Yeah.
[Beata] I pray for you every day.
[Maya] Me too.
[Beata] So be strong.
[Maya] I'm trying.
- [Beata] Okay.
- [Maya sniffles]
[sobs]
[Bedy] Mom? We have to say goodbye.
I have to step
into something else right now.
[Beata] Okay.
- Thank you, Maya.
- [Maya] I love you, Mommy.
- [Beata] I love you. Bye-bye.
- [Maya] Bye-bye, Mommy.
[Jack] I don't know if it was
questioning Maya on her treatments
or what they're giving her
or certain things that she can't discuss
with her daughter,
but unfortunately,
Cathi Bedy accused Beata
of being inappropriate
during that phone conversation.
[typing]
And she tried
to get Beata's privileges suspended.
Beata, as strong as she is,
it just destroyed her.
[lawyer 1] Mr. Kowalski, were you aware
that your wife was the subject
of a pending criminal investigation
by the Sarasota County Sheriff's Office?
I never heard
there was a pending investigation.
[lawyer 1] I believe you sat down and gave
a recorded statement to Detective Graham.
Am I correct?
Yes, I sat down with her,
but I did not know I was being recorded.
I did not give consent to be recorded.
[lawyer 2] You told them
that you were a detective
investigating child abuse, did you not?
I would've had my badge and gone on
and probably identified myself, yes.
I asked if I could interview him,
and we sat down,
and we had a pleasant conversation.
[rustling on recording]
[Graham] Um
Could you tell me a little about
you and your wife's relationship?
[Jack] It's like any marriage.
You've got your ups and downs.
And sure, you're not gonna agree
on everything.
- You know?
- [Graham] Okay.
Do you guys ever disagree
on Maya's care?
[Jack] No. I know my wife. She
She'll stay up till three in the morning,
you know, doing research or whatever.
I kind of listen to what she says
with that and the doctors.
Number one is the doctors.
[Graham] Is Maya looking for
some attention from her mom?
Trying to please her mom?
Mom wants her to be sick.
- So "I'm gonna be sick to please my mom"?
- [Jack] I hope not. God, I hope not.
[sighs]
[Graham] Let's not differentiate love
and affection and caring
- [Jack] Mm-hmm.
- [Graham] for abuse.
- Because they can happen in tandem.
- [Jack] Yeah.
I don't agree with her on a lot of things,
but I'll tell you what,
intentionally, she would never
hurt her children.
I'd swear on my life on that one.
- [Graham] Do you love your wife?
- [Jack] I love her, yeah. I just
She is a pushy person,
and it's getting worse right now.
Just, you know, she don't wanna cooperate.
- [Graham] This is a complicated case.
- [Jack] Sure.
[Graham] And I think it
it could be very possible someone
could be looking at criminal charges.
- [Jack] Hmm.
- [Graham] Which is why I'm asking you.
Are you protective, or are you complicit?
[Jack] Protective of my children.
[Graham] Are your children
truly your first priority?
[Jack] I swear on my life,
and my children's lives.
[Graham] I don't care.
I'll put you and your wife in jail
tomorrow if it meant Maya gets better.
- [Jack] If I did wrong, put me in jail.
- [Graham] Absolutely.
[Jack] Yes, I accept that.
[Graham] Let me ask you.
If Maya was released tomorrow,
would you be compliant
if that child was not to have
any contact with her mother?
[Jack] Yes.
In a heartbeat.
[director] So did they want Jack
to turn on Beata?
I would assume that they did.
That would've made their case easier.
[director] He said that
he would choose his kids over his wife.
That's what he's supposed to say.
If you say otherwise,
it will be held against you.
That is the only correct answer.
I did go home. I told Beata what happened.
Um
Yeah. It's "What'd you say?
Why did you do this? Why"
I told her, "I have nothing to hide."
[grunts] I told her exactly that
"They're trying to blame you,"
and and then it just it caused
a lot of stress in the house.
I'm sure she felt very much betrayed. Mm.
[playing "My Heart Will Go On"]
[conversation in background]
[woman] Ooh! Now say the line.
Say the word.
- [child sings]
- [woman] Good, good, very good.
[judge] Ms. Bedy, you'd said before
you thought Maya was happy and thriving
under your care
and the care of the hospital.
[Bedy] Yes.
Maya was moving her legs,
moving her hands without any pain.
She was out playing the piano downstairs
and often moved herself
around the hospital.
So we saw her getting better.
[judge] Do you have any response to that?
RSD is a disease, and every day,
it looks a little bit different.
There are certain days
that I could do certain things,
and there are other days,
where I can't do those things.
So depending on the days,
it's gonna look different.
So, yes, they are wrong there.
When we look at pain,
and when I see kids in pain,
Maya never showed some of the symptoms
that we see other kids in pain having.
[Maya] Dear your honor. Love, Maya.
Hello, it's Maya,
and I wanted to write you a note.
First of all, I wanted to thank you
for taking your time working on this case.
And I know that you know
I want to go home.
I've been feeling terrible
the last few days.
I have been getting worse and worse.
All I want for Christmas is my family.
I cry every day, and it makes me feel sad.
I never got to say my goodbyes to my mom.
I pray every day
that I will be able to go home.
[Salisbury] In the middle
of December 2016,
there was a hearing scheduled,
a status conference.
We were constantly having
status conferences,
and Varinia Van Ness came on as cocounsel.
[Salisbury] This was
a huge power struggle.
But no matter what we did,
the court repetitively sided
with the hospital staff
and Dr. Sally Smith.
[Salisbury] It never made any sense to me
why she was denied
giving her child that hug.
And I can tell you,
as we left the courthouse that day,
that Beata was devastated.
Devastated.
And the one thing that I know to this day
is none of us can get that hug back now.
That hug is gone.
[producer] You think
if she had hugged her,
things would've turned out differently?
Yes, I do.
I do.
[Jack] That day we were supposed to go
to a neighbor's for a, uh, birthday party,
a kids' birthday party.
She goes, "Let me get up
and wrap the present."
"I'm not gonna go."
"I'm gonna sleep.
I got a migraine headache." [sighs]
Kyle and I went to that party.
And when we came home,
her bedroom door was shut.
We thought she was asleep.
So we decided to sit down, watch some TV.
Later that night,
somebody was knocking on the door.
It was her brother, Peter.
So Peter was walking around the house.
He walked in the garage.
There was a scream
that I'll never forget.
It's my name in Polish.
Jacek.
He screamed that so loud, I knew.
[dispatch] 911,
tell me exactly what happened.
[Jack breathing heavily]
Uh, she hung herself in the garage.
[gasps]
- [Kyle] Mommy! No
- [Jack sighs] No...
- [dispatch] Stay on the line.
- [Kyle crying]
- [Jack sobs]
- [dispatch] How old is she?
[Jack] Forty-two.
[sobbing]
Oh my God.
[sobbing]
- [Kyle] Mommy! Mom!
- [Jack] No, you can't go in there.
[dispatch] I'm sending someone
to assist you.
Please leave everything as you found it.
- [Jack] Just please get somebody here.
- [dispatch] They're on their way.
[sirens approaching]
[man] Did your wife give you
any indication that this would happen?
[Jack] No, but my daughter has an illness,
and it's all started from that.
- Just the disease alone was horrible.
- [phone rings]
- This is my attorney. Could I answer it?
- [man] Sure.
- Hey, Debra.
- [faintly] Oh my God!
- I'm so sorry.
- [Jack] Debra, I am so sick.
[sobs]
- [Salisbury] I'm so sorry.
- [Jack sobs]
[Salisbury] I feel so bad.
The judge was so cold.
[Jack] I know this is what happened.
This I know
it's because he turned her down.
That k*lled her.
All the way home,
that's all she talked about.
[sighs heavily]
I don't know how
I'm gonna tell Maya later.
Because I can't go there
and tell her and then leave.
[crying on recording]
Okay.
Thanks, Deb. Bye.
[Salisbury] I remember
the phone call from Jack
that his wife had ended her life.
I was devastated.
I just could not believe
what had happened.
But I think the note
that Beata left for Judge Haworth
makes it pretty clear
that she wanted her child
to be free from that hospital.
She was very worried
about what was happening
and the treatment
that she was being forced to take.
She wanted to make sure
that her child got out of there.
And she didn't see any other way out.
[bell rings]
[bell rings]
[bell rings]
[playing Prelude and Fugue in C major
by Bach]
[Maya] Hi, Mommy!
[Beata] Hi, Maya.
How is my sunshine today?
[Maya] I really, really miss you, Mommy.
[Beata] I do too.
I miss you every second of the day.
[Maya] I miss you coming home from work.
Hugging and snuggling.
I miss swimming in the pool with you.
I miss everything.
[Beata] Just close your eyes
and pretend I'm there.
I know it's not the same,
but just be strong and don't lose hope.
[Maya] I'm hurting. I wanna come home.
[Beata] I will do everything.
I promise you.
[Jack] Shortly after Beata's death,
they allowed me to take Maya
to go see a specialist in Rhode Island.
Dr. Chopra.
He did an evaluation on her,
which did confirm that she does have CRPS.
And he sent his report to the court.
Not too much longer after that,
Maya was released to my custody.
[Bach's Prelude continues]
[woman] Maya,
we are so excited to see you.
So thankful you're home.
[Beata] Would you like to pray together?
[Maya] Yeah.
[Beata] Lord Jesus,
I now take your precious blood
and sprinkle it over Maya and my family.
I surrender my family to you.
Take care of everything,
and take care of Maya.
[Maya] Amen.
[Maya] My mom was very compassionate.
She was caring, loyal, intelligent.
[sighs]
It's hard to, you know, pick adjectives
because, honestly,
when I think of my mom, there's
You can't really describe her
in a couple of words.
After being held c*ptive
for three whole months,
being told that I could go back
to some normalcy,
it was so nice to hear that.
It felt like all of my prayers
had been answered,
all of my family's prayers
had been answered.
[sighs]
But I lost one
of the most important people in my life.
A person who I didn't even get
to say goodbye to.
[sighs]
Yeah, that was the worst.
Here I thought I was gonna be able
to see her again,
maybe even if it took an entire year.
But just being told that
that was never gonna happen
[producer] Let's take a break now, okay?
- Let me get you some water, okay?
- Mm-hmm.
[Jack] After Maya was released in 2017,
we had to follow certain instructions
from the court.
She was not allowed
any ketamine treatments,
so we had to do things slow.
It took over a year of physical therapy,
and she went from a wheelchair
to crutches.
And then one year after that,
walking around.
But she still had pain.
A lot of pain.
And she could relapse any time.
[director] So, Maya can walk now.
Yes, Maya can walk now.
She has She still has some impairments
in her lower extremities.
[on tape] stand up. Thatta girl.
- Good job!
- She's made tremendous gains.
But she has CRPS,
and she's gonna continue
to have to live with that diagnosis.
[Jack] We are trying
to do the best we can.
But the kids will never be the same.
It's very difficult to understand
what went through Beata's mind.
Thinking that was the only way
to get her daughter out.
I miss her dearly.
But I have anger, here and there.
It is so difficult
to try to play both roles.
And as much as you try,
you cannot replace their mother.
Something good has to come
from all this pain.
[woman] I've been a reporter
for over five years,
and, you know, you don't get to the truth
by just accepting what's in front of you
without questioning it.
And this seemed like an area
that needed to be questioned.
In 2019, I was covering
child welfare in Sarasota
when I came across
the case of the Kowalski family.
It just was so tragic, so complicated.
And when I learned that Beata Kowalski
had actually taken her life,
I mean,
it just hit me like a wall of bricks.
I knew that I had to take the story on,
and I knew that I had to get it right.
So I started digging.
Part of my investigation
was talking to the Kowalskis.
I also interviewed Dr. Sally Smith
over the phone
to get her side of the story,
and Dr. Smith was extremely firm
that she had done nothing wrong.
But what I found out
was that Dr. Smith's opinions
differed a lot from other doctors,
including Maya's care team,
Doctor Kirkpatrick and Dr. Hanna.
It was January 2019 when I hit publish
on that piece about the Kowalski family,
and I kind of thought I'd move on
to the next thing.
But that was when the calls
started coming in
and the emails started coming in,
and I realized that this
was a lot bigger than just the Kowalskis.
Rolling.
Take Care of Maya
- Ashley interview, take two.
- Take Care of Maya
Vivianna, take one.
When I read the article
in the Sarasota Herald Tribune,
I realized it was so much bigger
than what we had thought.
Bye. [clicks tongue]
The realization that there are so many
other people going through it
I couldn't believe it.
I could not believe it.
He's having a seizure.
His eyes are rolling. He's shaking.
He's not breathing. He barely has a pulse.
She started throwing up.
Then she started getting little bruises.
I'm rushing to the hospital.
- We need to call 911.
- Call 911.
We instantly called 911.
We did what you're taught to do.
[Chen] I'm sitting at my desk,
and I start hearing
from more and more families.
People who had gone to the doctor
for help for their kids
and then became the target of the system.
They find broken ribs.
They find a brain bleed.
They found old and new brain bleeds.
And I was like, "What do you mean,
like, she has this?"
"I brought her here for bruises."
And that's when I met Sally Smith.
[Chen] They're frantic. They're desperate.
And one thing that they all had in common
was Dr. Sally Smith
and Johns Hopkins All Children's Hospital.
[Vivianna] She saw us
for less than ten minutes,
and then my husband was arrested
for aggravated child abuse.
We ended up arrested and imprisoned,
and my children were in foster care.
[Chen] These families walked in,
hoping for help for their child,
and some of them walked out in handcuffs.
[Maya] At the hospital,
the way they spoke about my mom,
it was pretty messed up.
They would try to convince me
that my mom was doing things to me.
That she was making my CRPS up.
It's complete nonsense.
I realize that now.
At first, I was, um definitely confused,
and that confusion molded into anger.
To be in a hospital
that's basically keeping you c*ptive
away from my family,
my friends, my school,
and away from the person you love.
[sighs]
Just very frustrating.
But I kept it in.
'Cause I was raised by two parents
who always taught me
to be kind and respectful,
and that's what I did.
[Jack] You know what?
We tried to cooperate.
But nothing changes if you stay quiet.
And we have to hold Johns Hopkins
responsible for what they done.
We want justice for Mom.
[Beata] Okay, so the first one
was Namenda.
- And the second one was
- [nurse] Mm-hmm.
[Beata] He left you a message,
and I know he did.
- And then he sent you email later.
- [nurse] All right, Beata...
[Beata] The judge allowed her
to have a phone.
- It's in the court order.
- [nurse] Beata. Please stop recording me.
[man] Beata was a nurse, not a lawyer.
But somehow, she knew
what the hospital was doing.
She documented everything.
Every email, every writing,
every phone call,
and all of that documentation
is the reason we can sue.
Because when they come in
and tell us a falsehood,
we have the truth.
[woman] When I heard those phone calls,
as a mother, I got it.
I got the frustration of Beata.
It was like a pressure cooker. You know?
I I could feel that
just kind of building up.
As lawyers, we're trained
to separate the emotion out of it,
but you can't help yourself.
You think about "What if it was my child,
and she's got something
that's causing extreme pain,
and then you find doctors
that say there's hope?"
That was all just stripped away instantly.
Most families give up.
Not because they want to,
but because they're taking on
a huge corporation and the state.
So most parents don't have the ability,
the funds, the fortitude, or the counsel
to fight back,
so they enter into a case plan.
My attorney advised that it'd be safest
and quickest to take the case plan.
[Jennifer] A case plan is where
a parent chooses to go along
with whatever the state requires of them.
A checklist, if you will,
to get your child back.
It's just simpler
to go through the case plan
even if you're innocent.
However, if you go ahead
and sign the case plan,
you're releasing the hospital
from liability.
But the Kowalskis didn't take a case plan.
Beata wasn't gonna do that.
She knew she was right,
and she was gonna fight.
[Jennifer] I don't know
that they were looking to the future,
but I do know that set them apart.
If she hadn't taken such an aggressive
approach, we couldn't have sued.
So we're going after the hospital,
Dr. Sally Smith, and Suncoast,
based on what's known as
"infliction of emotional distress,"
meaning that they knew
what they were doing,
pushing her towards some form of harm.
So they should pay punitive damages,
which are designed to punish them
for their wrongdoing.
[Vivianna] This young girl, Maya,
represents hope for all of us
in bringing Sally Smith down,
bringing the system down.
[Jennifer] They want their voice heard,
they want to be able to tell their story,
and they want the hospital
and Dr. Sally Smith to actually hear them.
[Maya] I want people to see
that I wasn't lying,
and that other families
who are going through similar situations,
they're not lying either.
I have CRPS.
My mom was not making me sick.
I just wish people would believe me.
[bailiff] Miss Kowalski, would you be
so kind as to raise your right hand?
Do you solemnly swear
the testimony you are about to give
will be the truth, the whole truth,
and nothing but the truth?
Yes.
[lawyer 1] We're on the record.
The time is 9:57 on August 28, 2020.
[court clerk] This marks the beginning
of the deposition of Kyle Kowalski.
We are on the record.
October 15th, 2021, at 9:01 a.m.
[Jack] It's been five years now
since we decided to file a lawsuit
against Johns Hopkins.
We're not sleeping at night.
We're thinking of it all the time.
[lawyer 1] Time is 2:41.
We're going off the record.
It's absolutely brutal.
[lawyer 2] Did you look
for a second opinion
for someone who could perform
a ketamine coma procedure?
That, I'm unaware of.
Unfortunately, the person
that would know that answer is dead.
[lawyer 2] By that, you mean
your late wife, Beata Kowalski?
That is correct.
[lawyer 2] You indicate in paragraph six
of your affidavit that you, quote,
"refuse to go to doctors or hospitals."
- Do you see that?
- Yeah.
[lawyer 2] Why is it that you refuse
to go to doctors or hospitals?
I feel like it's pretty self-explanatory.
The last time I was in a hospital,
I was medically abducted for three months.
I just can't go to doctors.
I hate going to doctors.
I hate going to hospitals.
[lawyer 2] Okay.
Next time you do a depo on my daughter,
could you use a different tactic?
She takes it hard,
and you gotta be careful.
- Especially with a young child.
- [lawyer 2] Mm-hmm.
[crying] I remember
hearing the nurses talk about me.
"She's a liar. She's a liar.
Don't believe anything she said."
"She's not in pain."
That's what they would say to me.
That's what they would say to people!
You have no clue
how traumatic that was for me.
You have the audacity
to ask me why I'm afraid of hospitals?
Are you insane? Are you insane?
My mom d*ed,
and I will never get to see her again!
Ever!
I have to go to school,
and girls talk about
how they went on shopping trips
with their mom.
How they get to,
you know, have little things.
You know how hard it is for me
to sit and, like, listen to that?
Are you serious?
You traumatized me!
[lawyer 2] You need to take a break, Maya?
[frustratedly] Yeah.
[lawyer 2] Okay. We can go off the record.
[Gregory] We're in the final stages
of preparations to get us to trial.
So people are staying up late.
There's paper flying everywhere.
We're getting last-minute motions filed.
We're flying experts in.
They all come down to see Dr. Hanna
and get ketamine treatments?
[Gregory] And recently,
we started digging into the codes
that Johns Hopkins used
for billing the insurance companies,
and we found out that they billed them
for three months' treatment for CRPS.
The exact same illness
Sally Smith was telling the courts
she did not have
and that the parents had made up.
- Really?
- Yeah.
I think the other side's
gonna have a hard time.
I think that's why
they have been fighting tooth and nail
to play keep away from the jury.
And we just found out
that the hospital hired a former judge
from the Second District Court of Appeals
that sits above our trial court,
so Johns Hopkins will have
incredibly powerful legal representation.
I do. I think
[Gregory] April 4th, we pick a jury,
and then we'll be in trial.
- [computer chimes]
- [Gregory] Hi, May.
- [chuckles]
- [Gregory] Where's Kyle?
- There he is.
- Hello.
- How's my man?
- Good.
So, yesterday morning,
we got an order
telling us we could go to trial.
And we were ecstatic.
Then, around 1:30,
we get the second order
from the Second District Court of Appeals
to stay the trial.
So,
we're not gonna go to trial Monday.
Are you gonna be okay, May?
- I guess.
- We're gonna get 'em.
- [scoffs] But...
- We got 'em.
- It's just a
- [Gregory] Hey.
- little more time.
- [Gregory] Maya.
That's what we've been told
for how many years?
- Maya, listen.
- I can tell you this.
They don't have a case at trial
because they're fighting so hard
to keep us out of the courtroom.
The last thing they want on the planet
is seeing the three Kowalskis
on that witness stand telling their story.
It's perseverance that wins the day here.
[Kyle] They're scared
for us being in the courtroom.
They're just doing everything they could
to keep us out and keep delaying it.
I just don't want us as a family
to feel defeated.
Losing my mom,
and then all the stress
that's put on my dad,
trying to manage having kids,
and then going through all this.
I just don't want us to live
the rest of our lives knowing that.
[director] Knowing what?
That we lost.
[Chen] Even when cases
had been dropped or overturned,
the damage had been done.
Kids had been traumatized,
parents had their reputations destroyed.
[Ashley] Even though my charges were
dropped, and I was found of no wrongdoing,
I had people messaging me,
telling me that I should k*ll myself,
that my children deserved
to be in foster care,
and they hoped I never got them back.
[Carly] They tried to divide
her father and I.
They wanted us to argue.
They wanted us to blame each other.
I lost a lot of friends.
I lost my home, my job,
my daughter.
I've learned to try not to think about it
because, you know, she's home now, and
Sorry.
Nobody ever pays you back
for the money that you spent
on lawyers and experts and attorneys,
and you go into debt.
You know, we almost filed for bankruptcy.
It's just crazy.
[John] I spent over 300 days in jail
before they finally dropped the charges.
They ruined my life because of it.
[Ashley] It's just a very scary feeling
to know that somebody's words
can be so life changing.
There's a lot of pressure
on child-abuse pediatricians
to be able to say definitively
that this was abuse,
or that this was an accident.
But these kinds of cases
are way too complicated
to be black and white.
Often they're in a gray area.
So when there is just one person
whose word is like gold,
opinions, interpretation,
perspectives, bias starts to play in
and starts to play a huge, huge role,
and it can be a dangerous one.
[Vivianna] Since 2016, I've been writing
Sally Smith a Christmas card
with our family's picture on it
so she's reminded of a family
that she tried to break apart but didn't.
She wrote me back one year,
which I was very surprised,
and this is what she said.
"Dear Mr. and Mrs. Graham,
I received your card again
and just wanted to say
I'm sorry you're still so angry
about my part
in the investigation regarding your son."
"There are definitely a disturbing number
of abused and neglected children
in Pinellas County."
"I understand you feel very strongly
that your son wasn't one of them."
"You mentioned in your note
that Tristan was found
to have another diagnosis,
and if you have a chance,
I would very much like to hear
what that was
so I can consider it appropriately
next time."
"I try very hard
to be thorough and get it right."
"But perhaps"
[clears throat]
"I need to be careful
to consider the 'gray areas.'"
If there's gray areas,
this is just based on her her opinion.
[sighs]
[Ashley] There's been so many cases,
so many families that have been affected
and wrongly accused.
How many times are you allowed to be wrong
and destroy lives before they say,
"Okay, that's enough.
It's time that we change some things"?
What is it truly gonna take?
[dog whimpers]
Shh.
It's okay.
Yeah, it's okay.
[whines]
Courtroom H. [sighs]
They stopped us
from having our jury selection on Monday.
It is now Tuesday,
and we have one more chance
to go in front of the judge and, uh
see if we could continue
to have this trial,
starting tomorrow with the jury selection.
If not, we'd probably have
to live with this for another year.
We just gotta get off this ride.
It's a horrible ride.
[Maya] Last night, I wrote a statement
that I'd like to tell the court today,
and I'm hoping that
they could finally hear me for once.
I want them to know
my mom was a good person.
I want them to know how strong she was
and how determined she was.
I think I'm mainly going there for her.
[Jennifer] This trial means
everything to them,
because, without this, there's no closure.
They need the world to hear their story.
It doesn't mean you fix it,
but at least they can finally move on.
[bailiff] All rise. This 12th Judicial
Circuit Court in and for Sarasota County
is now in session.
The Honorable Hunter Carroll presiding.
Please be seated, everyone.
I moved 2,000 cases
to make this trial happen,
but we are now getting past
the window of opportunity
to start the case.
That That's just where I'm at.
I understand that, Judge,
but there's
extenuating circumstances here,
and I have the ability
to cut the case down
to the bare minimum to get the case done.
[Carroll] How do you get around
the Second District Court of Appeal
having stayed the trial?
I mean, I I can't say
I can do jury selection but not the trial.
[Gregory] Uh
I don't see any limitation
in the Court's jurisdiction
to pick a jury,
and I will do absolutely anything
that's necessary
to get the case tried
within the requisite period.
Mr. Altenbernd, any further response?
I just don't see how it's feasible.
[Carroll] I I'm at the point, folks,
that I feel like there's just
too much uncertainty at this point,
so at this point, I'm going
to remove the case from the trial docket.
Uh, I will enter an order
staying proceedings in the trial court,
uh, until the earlier of May 4th, 2022,
or further order of the Court.
Is there anything else, uh,
we need to discuss today?
Yes, Your Honor.
The Kowalskis are here,
and they just wanted to speak to the court
if that's all right.
[Carroll] Well, it's a little unusual.
Mr. Hunter, what's your thought?
I don't know where this is going.
I don't think it's a good idea.
[Carroll] Um I I think it's probably
best to just leave it at that.
So with that, we'll be in recess.
I will get the orders out.
[Gregory] Okay, thank you.
- [Carroll] Okay. Thank you all very much.
- [Gregory] Your Honor.
[bailiff] All rise. Court is in recess.
Okay [sobs]
[Jack] It's okay. It's all right.
I can't
[Maya sobbing]
[Maya] Can I sit in the front?
[Jack] Yeah.
- [engine starts]
- [Maya crying]
[Jack] Heartless bastards.
They're just gonna continue to b*at us up.
They don't give a sh*t.
So
[Maya] Please stop talking.
I don't wanna hear it anymore.
[door closes]
[door slams]
- [Kyle sobs]
- [door slams]
[Jack] Come here.
[Kyle, crying] It's not fair, Dad.
It's never gonna end.
It's never gonna end!
It's never gonna end, Dad.
[sobbing]
Nothing works.
I pray every single night.
Nothing. It doesn't help.
[sighs]
This has not been a good day.
[Jack] The kids are totally crushed.
I'm crushed.
It wears you out.
But if we give up and shut our mouths,
it's gonna happen again.
It's just a matter of time.
[Chen] This doesn't just end
with the Kowalskis, or just in Florida.
Families all across the country
are coming forward with stories
about being accused of child abuse.
Some families are stuck
in the legal system for years,
battling these accusations.
Some parents are in prison to this day.
The Kowalski family,
they're standing up for these parents
and trying to bring awareness
to this issue
that has been shrouded
in so much shame and secrecy.
[director] Speeding.
The windows,
and everything's closed out here.
[indistinct voices speaking]
[Jack] We want Beata's voice to be heard.
[director] We good on focus?
[Jack] We want Maya's voice to be heard.
[crew speaking indistinctly]
[crew member] Yep. Great. Thank you.
[director] Maya, are you okay?
You okay?
I want to speak.
But I just I can't without crying.
[softly] I hate crying.
[Beata, over recording]
It's okay if you have to cry.
It's It's normal.
You have to speak for yourself now
because Mommy is not there.
Just close your eyes
and pretend I'm there.
I know it's not the same,
but just be strong.
[young Maya] If you're watching this,
Mommy, I want you to know that I love you.
Send you kisses.
You'll know it's from me.
"Dear Mom."
"Saying that life has felt f*cked up
since you left
is probably the biggest understatement
I could make."
"Dad, Kyle, and I
have all had to adapt to your absence."
"Dad distracts himself
by helping the neighbors
with painting projects."
"Kyle does his best to escape
by fishing for hours."
"When pouring all my energy into
my schoolwork got to be too exhausting,
I started to book every second
of my free time with friends,
outside of the house
and away from reminders."
"But as soon as we step foot
into our home,
we are brought back to reality."
"We miss you."
"I miss you."
"For five years,
we have been promised our trial."
"Yet it seems that
the closer we get to a set date,
the further it gets pushed."
"Even though we are discouraged,
we will not settle."
"We will fight for you,
and we will fight
for the thousands of other families
who find themselves
in the same unfortunate circumstances."
"Our day will come. I love you."
[Beata, over recording]
I love you too.
I love you too.
[Jack] We build a family with love.
Honesty.
Trust.
We, as parents, try to do
the best we can for our children.
You do everything for them.
That's what Beata and I did.
So our son Leo was born
with a rare genetic disorder.
I noticed that something was wrong
with his right leg.
She was crying and moving her arm
in a weird way when we picked her up.
DHS called and said,
"You have to bring 'em in to our doctor."
We went to the emergency room,
and they did an X-ray on her.
The child-abuse pediatrician came in
and said there was no other explanation
other than abusive head trauma.
They never looked
into his medical history.
Never did any type of due diligence
to see what had been going on.
And I said, "Can this be something else,
such as a medical condition
because my son has never been hurt
in any way?"
And he said, "Yes,
but since he's a baby and can't talk,
we're gonna go with abuse,"
and walked away.
I thought I was doing the right thing
by taking my child to the hospital,
and I honestly had no idea
what the consequences could be.
We went in there with two babies
and left with none.
I spent 15 years in prison.
My father, he was sentenced to prison,
and he's been there for 26 years.
It's not "You're innocent
until proven guilty."
It's "You're guilty
until you prove your own innocence."
I just cannot even believe
that this is the actual system
that is set in place to protect children.
We'd never thought
this ever would have happened to us.
But this can, in fact,
happen to anyone at any time.
The trauma, like, it's it's forever.
Yeah.
Take Care of Maya (2023)
Moderator: Maskath3