1 00:00:02,000 --> 00:00:07,000 Downloaded from YTS.MX 2 00:00:06,631 --> 00:00:09,134 [advocate] This is one of the most screwed-up parts 3 00:00:08,000 --> 00:00:13,000 Official YIFY movies site: YTS.MX 4 00:00:09,217 --> 00:00:12,012 of the United States system, period. 5 00:00:16,224 --> 00:00:18,601 It's unethical, and it's immoral. 6 00:00:22,397 --> 00:00:25,900 Parents have no rights. Parents have no rights. 7 00:00:29,821 --> 00:00:32,240 I know it would've been kinder for them to shoot you 8 00:00:32,323 --> 00:00:33,867 than to take your child away. 9 00:00:37,412 --> 00:00:40,040 [mother] Why, for so many years, no one has changed this? 10 00:00:40,123 --> 00:00:41,541 This is screwed up. 11 00:00:42,333 --> 00:00:45,712 [advocate] That is why I'm telling you, when you get your child back, 12 00:00:45,795 --> 00:00:49,132 you leave that hospital, and you never ever go back. 13 00:00:50,175 --> 00:00:54,095 [woman] I'm gonna be frank. I'm appalled at what this child has had to go through. 14 00:00:54,179 --> 00:00:57,140 -[child] Monster! -[mother] No monsters. Mommy's here. 15 00:00:57,932 --> 00:00:59,309 [woman] I feel like you had your head in the sand. 16 00:00:59,392 --> 00:01:01,352 [man] I trusted the doctors. 17 00:01:01,436 --> 00:01:04,022 [bailiff] Do you solemnly swear the testimony you give is the truth, 18 00:01:04,105 --> 00:01:05,982 the whole truth, and nothing but the truth? 19 00:01:06,066 --> 00:01:06,900 I swear. 20 00:01:06,983 --> 00:01:09,736 [mother] I can't help it. I'm fighting for my child. 21 00:01:09,819 --> 00:01:11,196 How should I feel? 22 00:01:11,780 --> 00:01:13,239 [man, crying] Oh my God. 23 00:01:13,323 --> 00:01:14,908 [911 dispatch] Tell me exactly what happened. 24 00:01:14,991 --> 00:01:18,995 [young woman] You have the audacity to ask me why I'm afraid of hospitals? 25 00:01:19,079 --> 00:01:20,789 You traumatized me! 26 00:01:20,872 --> 00:01:24,000 [bailiff] All rise. This 12th Judicial Circuit Court is now in session. 27 00:01:24,084 --> 00:01:27,670 [child] I miss you, and I hope I get to see you soon. 28 00:01:28,254 --> 00:01:30,632 [mother] I'm sure you will see me pretty soon. 29 00:01:31,132 --> 00:01:33,593 We just have to be patient, okay? 30 00:01:44,813 --> 00:01:46,523 [waves breaking] 31 00:01:47,649 --> 00:01:49,484 [birdsong] 32 00:01:57,492 --> 00:01:59,494 [man] We build a family with love. 33 00:02:03,414 --> 00:02:05,208 -Honesty. -[children shouting excitedly] 34 00:02:06,584 --> 00:02:07,627 Trust. 35 00:02:11,089 --> 00:02:15,468 We, as parents, try to do the best we can for our children. 36 00:02:22,600 --> 00:02:24,227 You do everything for them. 37 00:02:27,272 --> 00:02:29,065 That's what Beata and I did. 38 00:02:33,194 --> 00:02:35,947 But there's nothing that could prepare me 39 00:02:36,030 --> 00:02:39,450 for what I went through with my family. 40 00:02:41,452 --> 00:02:42,620 [sighs] 41 00:02:42,704 --> 00:02:43,621 Nothing. 42 00:02:44,122 --> 00:02:47,792 [court clerk] This marks the beginning of the deposition of Jack Kowalski. 43 00:02:47,876 --> 00:02:52,672 We are on the record. October 25th, 2021, at 9:02 a.m. 44 00:02:53,423 --> 00:02:57,385 [lawyer 1] Mr. Kowalski, I'd like to ask a little bit about your wife. 45 00:02:59,179 --> 00:03:01,890 [Jack] I started falling in love with Beata right away. 46 00:03:04,017 --> 00:03:06,227 She had something special about her. 47 00:03:07,896 --> 00:03:09,272 It was in her eyes. 48 00:03:10,773 --> 00:03:12,066 She was genuine. 49 00:03:13,067 --> 00:03:15,028 She was magic, you know? 50 00:03:17,906 --> 00:03:20,825 Beata came here from communist Poland 51 00:03:20,909 --> 00:03:22,911 when she was 16 years old. 52 00:03:23,745 --> 00:03:26,331 She went to high school in Chicago, 53 00:03:26,915 --> 00:03:28,458 and I remember her telling me 54 00:03:28,541 --> 00:03:31,127 that one of her teachers said she was never gonna make it 55 00:03:31,211 --> 00:03:34,714 because she don't know how to speak English too well. 56 00:03:35,506 --> 00:03:41,012 And that's not the thing to tell Beata, because she didn't take no for an answer. 57 00:03:43,306 --> 00:03:46,684 And yes, I did hear "no" a lot of times where I was wrong. 58 00:03:46,768 --> 00:03:48,311 [laughs] 59 00:03:49,646 --> 00:03:51,814 She put herself through college, 60 00:03:51,898 --> 00:03:54,901 and she became a nurse in the cardiac cath lab 61 00:03:54,984 --> 00:03:57,612 at Loyola University Medical Center. 62 00:03:58,947 --> 00:04:00,365 She proved them wrong. 63 00:04:02,492 --> 00:04:05,828 Beata wanted nothing more than to have her own child. 64 00:04:07,288 --> 00:04:10,625 Right away, she planned how the room was gonna be, 65 00:04:10,708 --> 00:04:14,337 and she would go out and buy clothes and decorate. 66 00:04:16,047 --> 00:04:20,343 From the very beginning, I knew she was gonna be a great mother. 67 00:04:22,637 --> 00:04:26,933 Unfortunately, we had some difficulty having a child. 68 00:04:28,893 --> 00:04:33,564 But no matter how stressful it was, Beata wasn't gonna give up. 69 00:04:33,648 --> 00:04:35,441 -[heartbeat] -She would not give up. 70 00:04:36,818 --> 00:04:39,362 And that's when Maya was born. 71 00:04:40,780 --> 00:04:42,407 [crying] 72 00:04:45,910 --> 00:04:49,831 Beata always made sure that Maya had the best of the best. 73 00:04:52,000 --> 00:04:54,752 Piano lessons. Polish school. 74 00:04:55,253 --> 00:04:59,465 She wrote little notes about everywhere Maya went. 75 00:05:02,969 --> 00:05:08,141 It was just the warm feeling of having more to share in our lives. 76 00:05:10,560 --> 00:05:13,813 And then, two years later, Kyle was born. 77 00:05:15,773 --> 00:05:16,899 Stroke of luck. 78 00:05:18,067 --> 00:05:19,777 No… No trying! [laughs] 79 00:05:20,820 --> 00:05:23,698 -[guitar playing] -♪ I found myself dreamin' ♪ 80 00:05:24,449 --> 00:05:26,659 ♪ In silver and gold ♪ 81 00:05:27,577 --> 00:05:30,121 ♪ Like a scene from the movies ♪ 82 00:05:30,204 --> 00:05:33,750 ♪ That every broken heart knows ♪ 83 00:05:35,168 --> 00:05:38,546 [Jack] In early spring of 2015, 84 00:05:39,213 --> 00:05:40,423 life was good. 85 00:05:42,592 --> 00:05:45,219 Beata was working as an infusion nurse, 86 00:05:45,303 --> 00:05:48,181 helping people with their treatments at home. 87 00:05:49,349 --> 00:05:50,725 I was a firefighter, 88 00:05:51,768 --> 00:05:53,686 and then eventually retired, 89 00:05:53,770 --> 00:05:56,856 and I was able to spend more time with the kids. 90 00:05:57,982 --> 00:06:01,611 We had a beautiful house, beautiful neighborhood. 91 00:06:02,278 --> 00:06:04,322 Dream come true. Paradise. 92 00:06:06,074 --> 00:06:08,326 But then Maya started to get sick. 93 00:06:10,912 --> 00:06:13,956 [court clerk] This marks the beginning of the deposition of Maya Kowalski. 94 00:06:14,040 --> 00:06:17,919 We are on the record. Friday, October 15, 2021. 95 00:06:18,002 --> 00:06:19,295 [lawyer 1] Hi, Maya. Um… 96 00:06:19,379 --> 00:06:24,133 Now, back during the period of time, you know, 2015 to 2017, 97 00:06:24,217 --> 00:06:27,637 I'd like to get an idea of what type of symptoms you had back then. 98 00:06:27,720 --> 00:06:28,930 Do you recall? 99 00:06:29,514 --> 00:06:32,058 I remember I was in a great deal of pain. 100 00:06:33,393 --> 00:06:36,020 My arms, my legs, my feet. 101 00:06:36,854 --> 00:06:39,273 I would always feel very lethargic, 102 00:06:39,774 --> 00:06:42,944 and I wasn't able to move as efficiently anymore. 103 00:06:44,320 --> 00:06:49,367 We didn't know the exact cause, and it got progressively worse. 104 00:06:50,034 --> 00:06:52,286 -[man] When did she start having problems? -[Beata] So… 105 00:06:52,370 --> 00:06:54,038 At first, I didn't think much of it. 106 00:06:54,122 --> 00:06:56,040 I just thought it was her asthma. 107 00:06:56,124 --> 00:06:59,335 -But then she had chest congestion. -[doctor] Mm-hmm. 108 00:06:59,419 --> 00:07:01,754 -Okay. -[Beata] Coughing up yellow-green sputum. 109 00:07:01,838 --> 00:07:03,548 -[doctor] Okay. -[Beata] Sinus infection. 110 00:07:03,631 --> 00:07:04,966 And she couldn't go outside. 111 00:07:05,049 --> 00:07:07,885 Every time she went outside, she started to cough. 112 00:07:07,969 --> 00:07:08,886 [doctor] Mm-hmm. 113 00:07:08,970 --> 00:07:11,848 [Jack] It all started with some breathing problems. 114 00:07:12,390 --> 00:07:14,559 Uh, she had a respiratory infection. 115 00:07:14,642 --> 00:07:15,560 [coughing] 116 00:07:15,643 --> 00:07:19,272 [Jack] She was experiencing headaches, blurred vision. 117 00:07:20,648 --> 00:07:23,276 -Her skin felt like it was on fire. -[Maya wheezing] 118 00:07:23,359 --> 00:07:26,529 [Beata] That doesn't feel good when I touch your legs, right? 119 00:07:26,612 --> 00:07:28,656 [Jack] Her legs were turning in. 120 00:07:28,739 --> 00:07:31,909 -[woman] You can do it. You can do it! -[Beata] You're almost by Mommy. 121 00:07:31,993 --> 00:07:33,953 -[Jack] She couldn't walk. -[Beata] Almost there. 122 00:07:34,745 --> 00:07:36,289 -[Beata] I know. -[Maya] I can't take it! 123 00:07:36,372 --> 00:07:38,249 I can't take it! [crying] 124 00:07:38,332 --> 00:07:43,796 [Jack] I remember hearing her crying throughout the night in extreme pain. 125 00:07:43,880 --> 00:07:44,964 [Beata, faintly] I know. 126 00:07:45,047 --> 00:07:46,674 But we had no answers. 127 00:07:47,842 --> 00:07:50,219 That was not acceptable for us. 128 00:07:53,473 --> 00:07:55,433 -[Maya coughing] -[horn blares] 129 00:07:55,516 --> 00:07:57,101 -[coughing continues] -[Beata] Maya. 130 00:07:57,185 --> 00:07:59,687 -[Maya whimpering] -[Beata] Be strong. 131 00:08:00,396 --> 00:08:02,106 [Maya] I'm trying to be strong. 132 00:08:03,232 --> 00:08:05,067 [straining and coughing] 133 00:08:05,568 --> 00:08:07,570 [Jack] We went to doctor after doctor, 134 00:08:08,237 --> 00:08:10,114 one hospital to another, 135 00:08:11,616 --> 00:08:13,242 trying to get an answer. 136 00:08:14,494 --> 00:08:17,997 And as a nurse, Beata was very thorough, 137 00:08:18,581 --> 00:08:21,667 so she documented every doctor visit 138 00:08:22,710 --> 00:08:24,170 from the very beginning, 139 00:08:25,588 --> 00:08:30,259 but they just put their arms up in the air and said, "There's nothing we can do." 140 00:08:30,885 --> 00:08:32,595 "We don't know what it is." 141 00:08:32,678 --> 00:08:34,096 [doctor] I hear your story. 142 00:08:34,180 --> 00:08:37,350 I understand she's been going through a heck of a lot of stuff, 143 00:08:37,433 --> 00:08:39,977 but I'm still not certain of what we're dealing with, 144 00:08:40,061 --> 00:08:41,437 to be honest with you. 145 00:08:41,521 --> 00:08:44,398 -A kid can tell you, "I can't breathe…" -[Beata] Mm-hmm. 146 00:08:44,482 --> 00:08:46,692 [doctor] How do I know she's not having an anxiety attack? 147 00:08:46,776 --> 00:08:49,946 -[Beata] Well-- -[doctor] There's a lot of question marks. 148 00:08:50,029 --> 00:08:51,280 [Beata sighs] 149 00:08:51,364 --> 00:08:52,990 [typing] 150 00:08:53,074 --> 00:08:54,742 [doctor] Just give me one second. 151 00:08:55,409 --> 00:08:56,577 [door closes] 152 00:08:56,661 --> 00:09:00,331 -[Beata sighs] -[Maya] Mom, it's not anxiety. 153 00:09:00,414 --> 00:09:02,750 -[Beata] I know, baby. I know. -[Maya whimpers] 154 00:09:02,833 --> 00:09:06,796 [Beata] He's just trying to figure it out. You just stay as calm as you can. 155 00:09:08,089 --> 00:09:10,841 [Jack] We knew, as parents, something was wrong, 156 00:09:10,925 --> 00:09:13,386 and they are not doing enough. 157 00:09:14,428 --> 00:09:17,056 So when Beata got home, she didn't go to bed. 158 00:09:17,598 --> 00:09:18,933 She researched. 159 00:09:21,102 --> 00:09:24,021 And that's when she ended up finding Dr. Kirkpatrick. 160 00:09:26,440 --> 00:09:30,152 [man] Maya, is it okay if we can use this video to educate other children? 161 00:09:30,236 --> 00:09:31,612 -Yeah. -[man] Okay, good. 162 00:09:31,696 --> 00:09:33,698 Let's go over your history a little bit. 163 00:09:33,781 --> 00:09:35,491 Approximately three months ago, 164 00:09:35,575 --> 00:09:39,453 you started having some pain down in your feet here, okay? 165 00:09:39,537 --> 00:09:41,539 You see how her legs are turning in? 166 00:09:41,622 --> 00:09:45,251 We call that dystonia, okay? Dystonia. 167 00:09:45,334 --> 00:09:49,380 In fact, it's so bad right now she can't even bear weight safely, okay? 168 00:09:49,463 --> 00:09:50,965 -Ready for testing? -[Maya] Yeah. 169 00:09:51,048 --> 00:09:53,342 [Kirkpatrick] Take that right hand, as best you can, 170 00:09:53,426 --> 00:09:57,096 and see how far you can get it before you have to stop, okay? 171 00:10:00,182 --> 00:10:02,643 Is that… That's it, right there? Very good, Maya. 172 00:10:02,727 --> 00:10:04,645 Now we're gonna ask your mom to help you. 173 00:10:04,729 --> 00:10:08,983 She's gonna get over here, and she's gonna hold your foot up 174 00:10:09,609 --> 00:10:12,028 and try to wiggle your toes as best you can, okay? 175 00:10:12,111 --> 00:10:13,154 Can you try that? 176 00:10:15,072 --> 00:10:16,949 You giving it everything you got there? 177 00:10:19,035 --> 00:10:21,245 -Mom, you don't see any movement, do you? -[Beata] No. 178 00:10:21,329 --> 00:10:22,830 [Kirkpatrick] Okay, Mom. Good job. 179 00:10:22,913 --> 00:10:24,707 Maya, would you like to have a blanket… 180 00:10:24,790 --> 00:10:29,503 [Kirkpatrick] When I first saw the Kowalskis in September 2015, 181 00:10:29,587 --> 00:10:33,466 it was obvious what the problem was with Maya. 182 00:10:33,549 --> 00:10:36,552 It was clear and simple CRPS, 183 00:10:36,636 --> 00:10:39,472 complex regional pain syndrome. 184 00:10:39,555 --> 00:10:41,432 [narrator] This videotape has been prepared 185 00:10:41,515 --> 00:10:45,394 in consultation with Dr. Anthony Kirkpatrick. 186 00:10:45,478 --> 00:10:47,938 [Kirkpatrick] What is complex regional pain syndrome? 187 00:10:48,022 --> 00:10:51,317 The best way to think about it is the way it evolves. 188 00:10:51,400 --> 00:10:53,235 Let's say you have an injury. 189 00:10:54,070 --> 00:10:57,823 You know that probably in a week or two, the pain's gonna go down, 190 00:10:57,907 --> 00:11:01,410 the swelling's gonna go down, the redness and all that's gonna go down. 191 00:11:01,494 --> 00:11:04,538 But what happens in these patients with CRPS 192 00:11:04,622 --> 00:11:08,334 is that it actually intensifies over that period of time. 193 00:11:08,834 --> 00:11:10,961 [narrator] Published case studies indicate 194 00:11:11,045 --> 00:11:14,674 that the incident of CRPS increases dramatically 195 00:11:14,757 --> 00:11:16,676 between nine and 11 years old, 196 00:11:16,759 --> 00:11:19,553 and it is found predominantly in young girls. 197 00:11:19,637 --> 00:11:22,598 [Kirkpatrick] The patients describe it primarily as a burning sensation. 198 00:11:22,682 --> 00:11:26,644 That their skin becomes exquisitely sensitive to light touch. 199 00:11:26,727 --> 00:11:29,980 [woman 1] Picture a floating feather, soft to our touch. 200 00:11:30,064 --> 00:11:32,024 Patients say this feels more like 201 00:11:32,108 --> 00:11:34,443 a knife stabbing their body. 202 00:11:35,236 --> 00:11:38,072 The syndrome was first described over 100 years ago, 203 00:11:38,155 --> 00:11:41,701 but it was only recognized in modern medicine in the 1990s. 204 00:11:41,784 --> 00:11:45,830 Still, many don't know the problem exists, and many of those suffering were told 205 00:11:45,913 --> 00:11:48,791 the problem was psychological and imagined. 206 00:11:48,874 --> 00:11:51,502 [Kirkpatrick] After my initial evaluation for Maya, 207 00:11:51,585 --> 00:11:55,297 it was clear to me that, because of the magnitude of her symptoms, 208 00:11:55,381 --> 00:11:58,509 the lesions, this burning sensation in her legs, 209 00:11:59,093 --> 00:12:01,595 and the pain throughout her entire body, 210 00:12:01,679 --> 00:12:04,265 that Maya had advanced CRPS 211 00:12:04,348 --> 00:12:07,893 that we had to right away get aggressive with and get under control. 212 00:12:09,478 --> 00:12:13,566 We've treated over 3,000 patients with complex regional pain syndrome. 213 00:12:14,775 --> 00:12:17,361 And we know what the best therapy is for it. 214 00:12:18,362 --> 00:12:19,613 It's called ketamine. 215 00:12:20,322 --> 00:12:23,576 [woman 2] A drug typically known for its recreational use in clubs 216 00:12:23,659 --> 00:12:28,289 is now making another name for itself among pain-management specialists. 217 00:12:28,372 --> 00:12:31,250 It's called ketamine, and medical experts are using it 218 00:12:31,333 --> 00:12:34,044 to treat patients suffering from chronic pain. 219 00:12:35,129 --> 00:12:38,340 [Kirkpatrick] Ketamine is a safe, effective treatment 220 00:12:38,424 --> 00:12:40,968 for advanced complex regional pain syndrome. 221 00:12:42,970 --> 00:12:45,347 Because when the ketamine gets into your body, 222 00:12:45,431 --> 00:12:50,102 it actually stimulates the brain and kind of resets everything. 223 00:12:51,896 --> 00:12:54,982 It tends to increase your blood pressure, increase your circulation, 224 00:12:55,065 --> 00:12:56,525 and increase your breathing. 225 00:12:58,027 --> 00:13:01,489 With Maya, we first tried the outpatient procedure 226 00:13:01,572 --> 00:13:03,073 at a relatively low dose… 227 00:13:03,157 --> 00:13:04,700 -[Kirkpatrick] Any pain? -Um… 228 00:13:04,784 --> 00:13:05,910 …but it was not working. 229 00:13:05,993 --> 00:13:07,077 Just here… 230 00:13:07,161 --> 00:13:10,664 So I discussed with the mother and with Maya 231 00:13:10,748 --> 00:13:13,626 the idea of the ketamine coma procedure. 232 00:13:14,960 --> 00:13:19,256 [anchor] Some patients are taking control of their pain by going into a coma. 233 00:13:19,840 --> 00:13:23,135 Here, doctors use up to 50 times the typical dose 234 00:13:23,219 --> 00:13:25,346 to induce a five-day coma. 235 00:13:25,429 --> 00:13:27,890 You see enough patients, you know how they deteriorate. 236 00:13:27,973 --> 00:13:28,891 Nothing is working. 237 00:13:28,974 --> 00:13:31,894 Surgery doesn't work, drugs don't work, nerve blocks don't work, 238 00:13:31,977 --> 00:13:34,605 and you do this one thing, and it works. 239 00:13:34,688 --> 00:13:36,065 [anchor] Dr. Kirkpatrick says 240 00:13:36,148 --> 00:13:39,360 the experimental treatment is only available in Mexico. 241 00:13:39,985 --> 00:13:43,864 When this was told to me, that we would have to go to Mexico, 242 00:13:43,948 --> 00:13:45,324 I… I was in disbelief. 243 00:13:45,407 --> 00:13:46,700 [Kirkpatrick] …flat on your back… 244 00:13:46,784 --> 00:13:51,622 [Jack] And then he told us that there's a chance that she could potentially die. 245 00:13:51,705 --> 00:13:53,874 [Kirkpatrick] I have a feeling she'll do very well. 246 00:13:53,958 --> 00:13:55,668 [Jack] It was very scary, 247 00:13:56,961 --> 00:13:59,296 but there was no other options. 248 00:13:59,380 --> 00:14:03,050 It was that, or see Maya deteriorate every day. 249 00:14:06,136 --> 00:14:10,140 So we decided to take her to Monterrey, Mexico. 250 00:14:14,061 --> 00:14:16,438 [heartbeat] 251 00:14:16,522 --> 00:14:18,232 [ventilator hissing] 252 00:14:20,776 --> 00:14:23,529 -[Maya, crying] I will wake up? -[Beata] Yes, you will. 253 00:14:23,612 --> 00:14:26,407 -[Maya] Will I be normal? -[Beata] Yes. You are normal. 254 00:14:26,490 --> 00:14:28,951 Yes, and you'll be very normal when you wake up. 255 00:14:29,618 --> 00:14:31,620 -[Maya] I feel weird. -[Beata] You're not weird. 256 00:14:31,704 --> 00:14:33,289 [Maya] I feel very weird. 257 00:14:34,039 --> 00:14:35,958 -[doctor 1] Has the… -[Maya] I feel very weird. 258 00:14:36,041 --> 00:14:39,628 -[Beata] You're doing great. -[doctor 2] She's doing well. Responsive. 259 00:14:40,337 --> 00:14:43,716 [lawyer 1] I'd like to go back to the ketamine coma in Mexico. 260 00:14:44,425 --> 00:14:46,802 Do you remember anything about that hospitalization? 261 00:14:47,303 --> 00:14:50,347 Uh, yeah. I remember being in the room. 262 00:14:51,974 --> 00:14:54,310 It was a higher dosage, and therefore, 263 00:14:54,393 --> 00:14:57,855 I experienced more of the side effects, like the hallucinations. 264 00:14:58,981 --> 00:15:03,611 But I know that my mom was there with me, and that helped. 265 00:15:06,113 --> 00:15:08,198 [Beata] Here is coma day one, 266 00:15:08,824 --> 00:15:11,327 Wednesday, November 18th. 267 00:15:12,161 --> 00:15:13,579 Maya is doing well. 268 00:15:13,662 --> 00:15:16,415 Today is Friday, November 20th. 269 00:15:16,498 --> 00:15:18,626 This is day three coma. 270 00:15:18,709 --> 00:15:20,377 Maya is doing great. 271 00:15:21,462 --> 00:15:23,422 It's coma day five. 272 00:15:24,214 --> 00:15:28,469 She, uh, had a bad episode this morning of vomiting, 273 00:15:28,552 --> 00:15:31,472 so they had to give her extra ketamine. 274 00:15:32,348 --> 00:15:36,685 This is coma day six, 11-22-15. 275 00:15:37,186 --> 00:15:38,562 I love you, Maya. 276 00:15:39,271 --> 00:15:43,525 Daddy loves you. Kyle loves you. Corinne loves you. 277 00:15:44,109 --> 00:15:45,569 Everybody loves you. 278 00:15:45,653 --> 00:15:47,655 [heartbeat] 279 00:15:47,738 --> 00:15:49,198 [ventilator hissing] 280 00:15:50,532 --> 00:15:52,493 -[Beata] No! No, no, no, no. -[Maya screaming] 281 00:15:52,576 --> 00:15:55,204 [Beata] Keep that… Keep that on. Don't lift that. 282 00:15:55,287 --> 00:15:58,123 -[Maya] Mommy! -[Beata] Yes, Mommy's right here. 283 00:15:58,207 --> 00:15:59,667 -[Jack] Hey. -[Maya whimpering] 284 00:15:59,750 --> 00:16:02,753 -[Beata] I'm right here. -[Maya] Mommy, monster, monster, monster… 285 00:16:02,836 --> 00:16:07,174 [Beata] No monsters. Mommy's here, and Mommy's not a monster, okay? 286 00:16:13,889 --> 00:16:17,476 [doctor] Maya, remember… remember we were gonna ask you some questions? 287 00:16:17,559 --> 00:16:19,687 Your mom wants to ask you some questions, okay? 288 00:16:19,770 --> 00:16:21,480 -Yes. -[Jack] Okay, don't touch your glasses. 289 00:16:21,563 --> 00:16:23,440 -[doctor] Okay, Mom? -Yes? 290 00:16:23,524 --> 00:16:25,567 -Hello, Maya. -Yes? 291 00:16:25,651 --> 00:16:27,903 -It's Mommy. You remember Mommy? -Yes. 292 00:16:27,987 --> 00:16:29,613 -Yes. -Okay, good. 293 00:16:29,697 --> 00:16:33,784 -Who… Uh, what's the name of your brother? -Kylie. 294 00:16:33,867 --> 00:16:35,703 -[Jack] Good girl! -[Beata] Wow! 295 00:16:35,786 --> 00:16:39,456 [doctor] So she's doing fairly well, and she, um… She's got the wiggles. 296 00:16:39,540 --> 00:16:44,211 That's not unexpected, and I would say she hasn't had any adverse hallucinations. 297 00:16:44,294 --> 00:16:45,963 -Would you agree? -I agree with that. 298 00:16:46,046 --> 00:16:48,716 [doctor] All right. So, Maya, here's one question. 299 00:16:48,799 --> 00:16:50,259 -Are you ready? -Yes. 300 00:16:50,342 --> 00:16:52,011 [doctor] Show me the sign, Maya. 301 00:16:52,094 --> 00:16:54,054 -Show me the sign. -This. 302 00:16:54,138 --> 00:16:57,307 [doctor] There you go! Hey! She's got it. 303 00:16:57,391 --> 00:16:59,768 [chants] She's got it. She's got it! 304 00:17:02,771 --> 00:17:06,400 [Jack] Maya came out of the coma, and she was better. 305 00:17:07,401 --> 00:17:12,948 [chuckling] She said she was hungry, which was… a huge relief to hear. 306 00:17:14,867 --> 00:17:16,410 [Maya] The coma worked. 307 00:17:16,493 --> 00:17:19,747 The ketamine helped me tremendously with my pain. 308 00:17:20,581 --> 00:17:23,167 I had a little bit of short-term memory loss, 309 00:17:23,250 --> 00:17:26,879 and sometimes things were really blurry with my vision, 310 00:17:26,962 --> 00:17:29,298 but I was willing to have those side effects 311 00:17:29,381 --> 00:17:31,008 if it was gonna help me overall. 312 00:17:34,470 --> 00:17:37,347 [Kirkpatrick] Okay, Maya. It's, uh, now January 6, 313 00:17:37,431 --> 00:17:39,224 and you had your ketamine coma. 314 00:17:39,308 --> 00:17:42,686 Now, having been through all that, is… was it worth it? 315 00:17:42,770 --> 00:17:44,146 -Yes. -[Beata] Helped a lot. 316 00:17:44,229 --> 00:17:47,983 -Especially with the headaches? -Yes, her headaches are a lot better. 317 00:17:48,067 --> 00:17:49,943 -[Kirkpatrick] Yep. -They're minor now. 318 00:17:50,027 --> 00:17:51,070 -Yeah. -[Kirkpatrick] Right. 319 00:17:51,153 --> 00:17:53,363 -Her pain in the legs is better. -[Kirkpatrick] Right. 320 00:17:53,447 --> 00:17:55,032 -It's getting-- -So… yeah. 321 00:17:55,115 --> 00:17:56,617 -[Kirkpatrick] Right-- -It's all better. 322 00:17:56,700 --> 00:17:59,411 [Kirkpatrick] Let's do some testing, Maya. Are you ready for that? 323 00:17:59,495 --> 00:18:01,747 Take that right hand, put it behind your head. 324 00:18:01,830 --> 00:18:04,625 You couldn't do that, no way, before. Any pain when you do that? 325 00:18:04,708 --> 00:18:05,709 Not really, no. 326 00:18:05,793 --> 00:18:08,337 [Kirkpatrick] Not really, okay. Now do the other side, please. 327 00:18:08,420 --> 00:18:10,422 -Again, you couldn't do that before. -No. 328 00:18:10,506 --> 00:18:12,591 [Kirkpatrick] And we talked about how important it is… 329 00:18:12,674 --> 00:18:14,551 [Jack] When we got back from Mexico, 330 00:18:14,635 --> 00:18:18,097 we couldn't afford to keep up with Dr. Kirkpatrick's treatments, 331 00:18:18,180 --> 00:18:22,935 so he recommended his colleague Dr. Hanna, who took our insurance 332 00:18:23,018 --> 00:18:26,647 and prescribed low dosages of ketamine for Maya. 333 00:18:29,733 --> 00:18:32,069 [Beata] That's better. I love you. 334 00:18:32,653 --> 00:18:33,779 [Maya] I love you too. 335 00:18:34,404 --> 00:18:36,115 [Beata] Now go down slowly. 336 00:18:37,616 --> 00:18:39,743 [Jack] She was getting stronger. 337 00:18:40,285 --> 00:18:42,788 -The dystonia was straightening out. -[Beata] Now smile. Good. 338 00:18:42,871 --> 00:18:46,125 [Jack] She was unable to use her legs, but she was using her arms, 339 00:18:46,208 --> 00:18:48,460 and she was doing very, very well. 340 00:18:49,086 --> 00:18:53,674 [Beata] I'm sure Maya's gonna need two doses of ketamine tonight after this. 341 00:18:53,757 --> 00:18:54,591 [chuckles] 342 00:18:54,675 --> 00:18:56,093 ♪ I feel better when I'm dancin'… ♪ 343 00:18:56,176 --> 00:18:59,972 [Jack] She went back to school, to laughing and playing. 344 00:19:01,098 --> 00:19:05,310 We were blessed that we'd finally seen something working. 345 00:19:07,896 --> 00:19:10,482 And for a year, it did. 346 00:19:14,653 --> 00:19:16,613 Until the night of the hurricane. 347 00:19:16,697 --> 00:19:18,699 [thunder rumbling] 348 00:19:20,784 --> 00:19:22,786 [rainfall] 349 00:19:23,662 --> 00:19:25,330 [thunder crashing] 350 00:19:26,999 --> 00:19:28,750 [newsreader] Conditions were bad an hour ago. 351 00:19:28,834 --> 00:19:31,128 They've gotten worse now as Hurricane Matthew 352 00:19:31,211 --> 00:19:34,089 makes its way up the east coast of Florida. 353 00:19:34,173 --> 00:19:35,299 Bridges are closed. 354 00:19:35,382 --> 00:19:37,843 People have been told, wherever you are, hunker down. 355 00:19:37,926 --> 00:19:40,179 It is too dangerous now to go outside. 356 00:19:42,472 --> 00:19:43,724 [Jack] Maya relapsed. 357 00:19:45,309 --> 00:19:47,686 It came back, and it was very severe. 358 00:19:48,270 --> 00:19:50,898 She started complaining of pain in her tummy. 359 00:19:52,024 --> 00:19:55,986 And it got to the point where she was screaming and crying 360 00:19:56,069 --> 00:19:57,821 and begging for help. 361 00:19:59,364 --> 00:20:02,075 I contacted Beata at work. 362 00:20:02,159 --> 00:20:05,329 [Beata] Okay, hold on. Let me pull over to the side. 363 00:20:07,706 --> 00:20:12,502 [Jack] And I told her, "I have to take her into the emergency room." 364 00:20:15,881 --> 00:20:18,050 I remember pulling up at the doors. 365 00:20:20,219 --> 00:20:21,637 Go to triage, 366 00:20:21,720 --> 00:20:24,264 and then you get the same questions again. 367 00:20:24,348 --> 00:20:29,353 The first nurse in triage had no idea what CRPS was. 368 00:20:29,436 --> 00:20:31,188 And then the other ones as well, 369 00:20:31,271 --> 00:20:33,523 they wanted information and asked. 370 00:20:34,441 --> 00:20:38,320 That's when I got my wife on the phone, and she talked to the doctor. 371 00:20:38,403 --> 00:20:41,490 [Beata] The pain meds are low-dose naltrexone 372 00:20:41,573 --> 00:20:45,410 and ketamine, oral, prescribed by her doctor. 373 00:20:46,161 --> 00:20:48,997 Her concern was merely administering ketamine, 374 00:20:49,831 --> 00:20:53,377 over and over, more and more and more. 375 00:20:54,628 --> 00:20:56,713 [Jack] Beata shows up an hour later. 376 00:20:56,797 --> 00:21:00,133 She was belligerent, demanding. 377 00:21:00,217 --> 00:21:02,886 The mom was very controlling. 378 00:21:02,970 --> 00:21:06,765 She told me, "This is what you're going to do." 379 00:21:06,848 --> 00:21:09,059 [Jack] Beata's explaining to them 380 00:21:09,142 --> 00:21:12,521 this is what needs to be done for the disease. 381 00:21:13,605 --> 00:21:16,608 [Beata] You don't understand her medical diagnosis. 382 00:21:16,692 --> 00:21:22,364 You don't understand how much medication it takes to control her pain. 383 00:21:22,864 --> 00:21:24,992 [Jack] But they just didn't understand. 384 00:21:25,993 --> 00:21:29,454 [Sanchez] There are risks of respiratory failure, cardiac arrest. 385 00:21:29,538 --> 00:21:32,124 Her daughter could die from this, 386 00:21:32,207 --> 00:21:38,255 and it didn't seem that she was, you know, worried about that. 387 00:21:38,964 --> 00:21:43,635 [lawyer 1] Going back now to when you came to Johns Hopkins All Children's Hospital 388 00:21:43,719 --> 00:21:46,555 on October 7 of 2016. 389 00:21:47,097 --> 00:21:48,598 Do you remember that day? 390 00:21:50,017 --> 00:21:52,644 I don't think I remember that exact day, 391 00:21:52,728 --> 00:21:56,148 but I do remember the very beginning of my stay at Johns Hopkins. 392 00:21:57,524 --> 00:21:59,943 I remember I was in a great deal of pain. 393 00:22:00,610 --> 00:22:02,696 [lawyer 1] Was the pain in your stomach or foot? 394 00:22:02,779 --> 00:22:04,489 Was it all throughout your body? 395 00:22:04,573 --> 00:22:07,409 [Maya] My stomach, mainly. I was sent to the ER. 396 00:22:07,492 --> 00:22:11,455 After that, I was transferred to the PICU, or whatever that was called, 397 00:22:11,538 --> 00:22:13,915 the intensive care unit or something. 398 00:22:15,083 --> 00:22:17,294 That's most of what I remember. 399 00:22:18,086 --> 00:22:21,173 [Beata] They started Maya on low-dose ketamine, 400 00:22:21,256 --> 00:22:23,008 but that wasn't working. 401 00:22:23,592 --> 00:22:27,721 [man] As the days progressed, we did not feel we made any effect to Maya's status. 402 00:22:27,804 --> 00:22:32,059 We began questioning the diagnosis of complex generalized pain syndrome. 403 00:22:32,142 --> 00:22:35,729 Beata knew that low dosage wouldn't… wouldn't do it. 404 00:22:37,230 --> 00:22:39,024 But they didn't listen. 405 00:22:39,107 --> 00:22:41,860 At this time, things started to become belligerent. 406 00:22:41,943 --> 00:22:45,155 Things started becoming talks of leaving the hospital. 407 00:22:45,238 --> 00:22:48,450 That's where I started feeling unsafe about Maya. 408 00:22:48,533 --> 00:22:52,329 We were told if we planned on trying to leave, 409 00:22:52,412 --> 00:22:54,373 that security would be called. 410 00:22:54,456 --> 00:22:57,584 [Malik] And if you have a suspicion of child abuse, 411 00:22:57,667 --> 00:23:02,798 well, then, you're required to contact Child Protection Services. 412 00:23:03,965 --> 00:23:05,425 Couple days later, 413 00:23:06,009 --> 00:23:09,012 I was visiting Maya at Johns Hopkins. 414 00:23:09,930 --> 00:23:12,682 At one point, the nurse walked out of the room, 415 00:23:13,225 --> 00:23:16,603 and in walked this woman with dark hair. 416 00:23:16,686 --> 00:23:19,272 [bailiff] Do you solemnly swear or affirm the testimony you give 417 00:23:19,356 --> 00:23:21,525 is the truth, the whole truth, and nothing but the truth? 418 00:23:21,608 --> 00:23:23,819 -I do. -[lawyer 2] Your name, for the record. 419 00:23:23,902 --> 00:23:25,570 Sally Marie Smith. 420 00:23:25,654 --> 00:23:27,989 [Jack] She never stated who she was. 421 00:23:28,073 --> 00:23:31,827 She just walked in, looked at me, looked at Maya. 422 00:23:31,910 --> 00:23:33,036 She came in, 423 00:23:33,120 --> 00:23:37,249 and she acted like a regular doctor that worked for the hospital. 424 00:23:37,332 --> 00:23:39,626 And she started to ask questions. 425 00:23:39,709 --> 00:23:44,673 If they would've known who she was, we would have never spoken to her. 426 00:23:45,257 --> 00:23:49,428 [Jack] She asked, "What's wrong with Maya? Where is she being treated?" 427 00:23:50,220 --> 00:23:51,930 About medications. 428 00:23:52,013 --> 00:23:56,226 How could I let somebody give such high dosages? 429 00:23:57,018 --> 00:23:59,604 And I told her that's what the doctors prescribed. 430 00:23:59,688 --> 00:24:03,233 [lawyer 1] Dr. Hanna, I have 55 infusions here 431 00:24:03,316 --> 00:24:08,071 ranging from early January to October 6 of 2016. 432 00:24:08,155 --> 00:24:13,243 I also understand that you wrote several prescriptions for oral ketamine 433 00:24:13,326 --> 00:24:14,536 to be used at home. 434 00:24:14,619 --> 00:24:16,788 -Do you remember doing that? -Yes. 435 00:24:16,872 --> 00:24:21,418 Is it possible that the abdominal pain was caused by these infusions? 436 00:24:22,210 --> 00:24:24,254 I mean, it can be a side effect. 437 00:24:24,337 --> 00:24:28,300 Well, he was giving the child a thousand milligrams at a time, 438 00:24:28,383 --> 00:24:30,302 day after day, after day, after day. 439 00:24:30,385 --> 00:24:32,679 That is not routine ketamine dosing. 440 00:24:32,762 --> 00:24:35,849 I have patients taking 1,500 milligram a day. 441 00:24:35,932 --> 00:24:37,893 Every patient is different. 442 00:24:37,976 --> 00:24:39,853 Some patients develop tolerance, 443 00:24:39,936 --> 00:24:43,231 or their disease process requires higher doses. 444 00:24:43,315 --> 00:24:45,775 A thousand milligram over four hours, 445 00:24:45,859 --> 00:24:48,153 that is what typically worked for her. 446 00:24:48,236 --> 00:24:50,197 [Smith] There were multiple physicians, 447 00:24:50,280 --> 00:24:54,534 including, as documented in the, uh, report to the abuse hotline, 448 00:24:54,618 --> 00:24:58,705 uh, who had concerns for Munchausen syndrome by proxy. 449 00:24:58,788 --> 00:25:01,041 -[man 1] Munchausen by proxy. -[man 2] Munchausen by proxy. 450 00:25:01,124 --> 00:25:04,794 [woman] Munchausen's by proxy or medical child abuse. 451 00:25:04,878 --> 00:25:08,006 Munchausen by proxy is a form of child abuse 452 00:25:08,089 --> 00:25:11,301 in which a caretaker provides 453 00:25:11,384 --> 00:25:14,638 false or exaggerated information, 454 00:25:14,721 --> 00:25:17,432 ignoring medical recommendations, 455 00:25:17,516 --> 00:25:22,103 and that pattern of behavior causes harm to the child. 456 00:25:22,854 --> 00:25:27,567 [Jack] She did a ten-minute interview at most, 457 00:25:27,651 --> 00:25:31,279 and shortly after, she walks out. 458 00:25:31,947 --> 00:25:34,449 [Smith] There was ample evidence to support a diagnosis 459 00:25:34,533 --> 00:25:36,034 of medical child abuse, 460 00:25:36,117 --> 00:25:38,370 and it appeared most likely 461 00:25:38,453 --> 00:25:43,458 that Mrs. Kowalski was the primary one who was perpetrating the child abuse. 462 00:25:43,959 --> 00:25:46,586 The nurse walks back in that was helping me. 463 00:25:48,755 --> 00:25:49,756 [breathing shakily] 464 00:25:49,839 --> 00:25:51,925 She told me I had to leave. 465 00:25:52,634 --> 00:25:54,302 That my daughter… 466 00:25:56,721 --> 00:25:58,431 is under state custody. 467 00:26:01,351 --> 00:26:05,105 I remember looking in my daughter's eyes, and she's looking at me. 468 00:26:06,940 --> 00:26:09,484 I'm wondering if I would ever see her again. 469 00:26:13,071 --> 00:26:15,073 [birdsong] 470 00:26:19,911 --> 00:26:24,457 [Jack] They accused her of overmedicating Maya. 471 00:26:26,710 --> 00:26:29,879 And they thought Maya was faking this syndrome. 472 00:26:31,756 --> 00:26:35,427 At that time, I said, "We need to get a hold of a lawyer." 473 00:26:38,388 --> 00:26:44,811 I met the Kowalskis in October of 2016, and when I first met Beata, 474 00:26:44,894 --> 00:26:49,316 um, I was impressed by her knowledge of her child's illness. 475 00:26:49,399 --> 00:26:51,276 She had been through a lot. 476 00:26:51,359 --> 00:26:54,529 She had been to a lot of doctors trying to get her daughter care. 477 00:26:54,613 --> 00:27:00,952 And she was very, very, very concerned about how Maya was going to do 478 00:27:01,036 --> 00:27:03,371 being in the hospital and being isolated from them. 479 00:27:04,205 --> 00:27:06,166 She could not understand 480 00:27:06,249 --> 00:27:10,003 why the Department of Children and Families was doing this. 481 00:27:11,171 --> 00:27:14,883 I explained to both Jack and Beata 482 00:27:14,966 --> 00:27:18,386 these types of cases are actually very common. 483 00:27:20,096 --> 00:27:24,934 Child Protective Service investigators have incredible power to remove children. 484 00:27:25,644 --> 00:27:28,396 All they have to prove is that there's probable cause 485 00:27:28,480 --> 00:27:30,732 that there could be harm to the child. 486 00:27:31,358 --> 00:27:34,903 In Florida, the child welfare system is privatized. 487 00:27:36,196 --> 00:27:38,615 So when Sally Smith reviewed Maya's case, 488 00:27:38,698 --> 00:27:40,825 she was an employee for the Suncoast Center. 489 00:27:41,493 --> 00:27:45,789 That center assists in investigating child-abuse allegations 490 00:27:45,872 --> 00:27:47,248 in Pinellas County, 491 00:27:47,332 --> 00:27:50,502 where All Children's Hospital happens to be located. 492 00:27:51,252 --> 00:27:54,673 Children in Pinellas County are almost two and a half times more likely 493 00:27:54,756 --> 00:27:57,884 to be removed from their families than the state average. 494 00:27:58,760 --> 00:28:02,681 I now refer to it as the child-welfare industry. 495 00:28:03,765 --> 00:28:05,725 But you have to remember something. 496 00:28:05,809 --> 00:28:09,229 Back when Child Protective Services really started in this country 497 00:28:09,312 --> 00:28:10,313 in the '70s, 498 00:28:10,397 --> 00:28:12,482 we were talking about children 499 00:28:12,565 --> 00:28:15,402 that had suffered from excess corporal punishment, 500 00:28:16,361 --> 00:28:17,278 had been beaten, 501 00:28:17,362 --> 00:28:19,948 might've had broken bones or cigarette burns. 502 00:28:20,031 --> 00:28:22,575 And we were talking about sexual abuse. 503 00:28:23,284 --> 00:28:25,286 And while those cases are still happening, 504 00:28:25,370 --> 00:28:29,124 in recent years, we have a new diagnosis that's being used. 505 00:28:29,207 --> 00:28:31,251 Medical child abuse, 506 00:28:31,334 --> 00:28:33,837 where any parent who's bringing in their child 507 00:28:33,920 --> 00:28:37,465 with an unusual illness to five different doctors 508 00:28:37,549 --> 00:28:40,468 because you're trying to figure out what's wrong with your child, 509 00:28:40,552 --> 00:28:42,804 can be accused of doctor shopping 510 00:28:42,887 --> 00:28:46,766 and exposing the child to unnecessary medical procedures 511 00:28:46,850 --> 00:28:49,060 to fulfill their own mental health issue. 512 00:28:50,311 --> 00:28:53,440 [director] So, what was your personal assessment of Beata? 513 00:28:54,482 --> 00:28:56,985 I think she could be, um… 514 00:28:58,820 --> 00:29:01,072 a little too direct sometimes, 515 00:29:01,156 --> 00:29:05,744 and maybe… some of the doctors took that offensively. 516 00:29:05,827 --> 00:29:09,789 I believe somebody at All Children's Hospital was offended, 517 00:29:09,873 --> 00:29:11,791 and a conflict started. 518 00:29:14,085 --> 00:29:16,629 [Kirkpatrick] As soon as I was made aware 519 00:29:17,380 --> 00:29:19,799 that Sally Smith was investigating, 520 00:29:19,883 --> 00:29:21,426 I called her immediately, 521 00:29:21,509 --> 00:29:24,888 and I explained to her, "This is what the diagnosis is." 522 00:29:24,971 --> 00:29:27,932 "If you wanna see the objective evidence, I got it for you." 523 00:29:28,016 --> 00:29:29,976 I told her that on the phone. 524 00:29:30,059 --> 00:29:31,686 She writes a report two days later. 525 00:29:31,770 --> 00:29:34,230 Did she include that in the report? No. 526 00:29:34,314 --> 00:29:36,483 I presented the information 527 00:29:36,566 --> 00:29:41,571 to the best of my, uh, professional… ability 528 00:29:41,654 --> 00:29:44,991 and, uh… came to a conclusion. 529 00:29:45,074 --> 00:29:48,203 [Kirkpatrick] I told her that if she goes forward with this, 530 00:29:48,286 --> 00:29:52,332 it would not only be a catastrophic outcome for the child, 531 00:29:52,415 --> 00:29:55,835 it would be a permanent injury to the whole family. 532 00:29:55,919 --> 00:30:00,465 [lawyer 2] Did he warn you that your investigation could result 533 00:30:00,548 --> 00:30:04,344 in needless and permanent harm to the child and family? 534 00:30:04,928 --> 00:30:07,055 I don't know if he specifically said that. 535 00:30:07,138 --> 00:30:11,392 I know he documented something some days later about our conversation. 536 00:30:11,476 --> 00:30:13,561 I read you what I wrote down. 537 00:30:14,145 --> 00:30:16,397 Um, I certainly will acknowledge 538 00:30:16,481 --> 00:30:20,109 that, uh… investigation and medical evaluation 539 00:30:20,193 --> 00:30:23,905 for child abuse and neglect may cause some distress to a family. 540 00:30:25,365 --> 00:30:29,285 [lawyer 2] Is that how you would classify what happened to the Kowalskis? 541 00:30:31,913 --> 00:30:32,914 Distress? 542 00:30:32,997 --> 00:30:36,918 I don't know. You'd have to ask them how they responded to the whole thing. 543 00:30:38,127 --> 00:30:40,129 [crickets chirping] 544 00:31:14,622 --> 00:31:18,668 Beata was focused on Maya's care. 545 00:31:24,507 --> 00:31:27,135 But my approach was 546 00:31:28,803 --> 00:31:33,766 not to cause any more tension between the hospital and our family. 547 00:31:55,788 --> 00:32:01,044 Instead of embracing each other, it just… There was a blow-up. 548 00:32:33,159 --> 00:32:34,744 [Beata kisses Kyle] 549 00:32:54,013 --> 00:32:55,515 [Kyle sniffling] 550 00:33:01,187 --> 00:33:03,147 Our family was falling apart. 551 00:33:58,077 --> 00:33:59,579 [Beata sighs] 552 00:33:59,662 --> 00:34:03,499 [Salisbury] The first phase of a dependency case is the shelter phase, 553 00:34:04,167 --> 00:34:07,503 where the judge will decide where the child will be placed. 554 00:34:08,337 --> 00:34:13,176 They will have the Child Protection Services investigator's preliminary report 555 00:34:13,259 --> 00:34:15,678 and have layers and layers of hearsay. 556 00:34:15,762 --> 00:34:17,180 [woman 1] …suspicious to me… 557 00:34:17,263 --> 00:34:19,807 [Salisbury] "This doctor said this. This doctor said that." 558 00:34:19,891 --> 00:34:22,226 -[woman 2] …was a concern… -[Salisbury] It's all admissible. 559 00:34:22,310 --> 00:34:23,770 -[woman 1] …psychiatric… -[man] …risk… 560 00:34:23,853 --> 00:34:25,980 [Salisbury] So it's easy for them to win, 561 00:34:26,064 --> 00:34:29,525 and it makes families very vulnerable to the system. 562 00:34:37,075 --> 00:34:39,202 [judge] Good morning. We are here in the Kowalski matter 563 00:34:39,285 --> 00:34:43,998 for a shelter hearing as it relates to the child, Maya. 564 00:35:11,734 --> 00:35:13,778 -[judge, continuing] I know that… -[commotion] 565 00:35:15,363 --> 00:35:16,656 [Jack] Beata. 566 00:35:17,281 --> 00:35:18,991 -[shuffling] -Beata. 567 00:35:21,702 --> 00:35:24,664 [medic 1] Starting rescue in reference to a 50-year-old female. 568 00:35:24,747 --> 00:35:26,958 -Just collapsed in court. -[medic 2] Can you open your eyes? 569 00:35:27,041 --> 00:35:29,168 -[medic 1] Subject is breathing… -[radio chatter] 570 00:35:29,252 --> 00:35:31,504 -[medic 1] Beata. Hey. -[medic 2] Beata, can you hear us? 571 00:35:31,587 --> 00:35:34,674 -[medic 1] Beata? Can you open your eyes? -[medic 2] Can you open your eyes for me? 572 00:35:34,757 --> 00:35:36,384 [monitor bleeping] 573 00:35:40,012 --> 00:35:44,684 [Jack] Beata fell to the ground, smacking her head on the floor. 574 00:35:47,228 --> 00:35:50,481 [Salisbury] Maya was placed in Child Protection Services custody 575 00:35:50,565 --> 00:35:52,942 at Johns Hopkins All Children's Hospital. 576 00:35:54,402 --> 00:35:56,487 Her treatment regimen was changed 577 00:35:56,571 --> 00:36:00,950 because they said that Beata had Munchausen syndrome by proxy. 578 00:36:02,618 --> 00:36:08,040 [Jack] The judge said that Beata had to go for psychological evaluation. 579 00:36:10,126 --> 00:36:13,296 [Salisbury] Beata had a psychological exam done, 580 00:36:13,963 --> 00:36:15,506 and the findings were 581 00:36:15,590 --> 00:36:19,343 that she did not have Munchausen syndrome by proxy, 582 00:36:19,427 --> 00:36:22,221 but she had an adjustment disorder with depressed mood 583 00:36:22,305 --> 00:36:24,473 from having her child taken away. 584 00:36:26,642 --> 00:36:29,020 And naturally, by being attacked by the system. 585 00:38:10,037 --> 00:38:12,957 [lawyer 3] Um, Maya, do you remember anyone at the hospital 586 00:38:13,040 --> 00:38:16,002 telling you why you were being separated from your parents? 587 00:38:17,044 --> 00:38:19,255 [Maya] No one ever told me directly. 588 00:38:19,338 --> 00:38:21,215 I kind of had to figure that out. 589 00:38:21,716 --> 00:38:23,301 [lawyer 3] Did you have a sense? 590 00:38:23,384 --> 00:38:24,844 You were only ten back then, 591 00:38:24,927 --> 00:38:27,555 but did you have a sense of what was going on? 592 00:38:27,638 --> 00:38:28,806 I was so confused. 593 00:38:28,889 --> 00:38:32,685 Like, I asked so many questions, and they would never answer me. 594 00:38:32,768 --> 00:38:35,146 They would just say, "You can't talk to them." 595 00:38:35,980 --> 00:38:37,732 So I really had no idea. 596 00:38:40,568 --> 00:38:44,530 [Jack] There was a time where I was finally allowed to go see Maya. 597 00:38:46,157 --> 00:38:49,076 But there's a lot of rules that I had to follow. 598 00:38:50,286 --> 00:38:55,708 I wasn't allowed to ask how she was doing, about her treatments. 599 00:38:56,417 --> 00:38:59,253 I couldn't answer when she was coming home. 600 00:38:59,337 --> 00:39:01,130 Couldn't answer much about Mom. 601 00:39:03,924 --> 00:39:06,635 The visit was very brief, 602 00:39:08,137 --> 00:39:10,514 and it was very difficult, 603 00:39:11,682 --> 00:39:15,144 because seen her condition just going downhill. 604 00:39:20,649 --> 00:39:22,777 So her feet turned in more. 605 00:39:22,860 --> 00:39:24,779 She had more lesions. 606 00:39:26,322 --> 00:39:28,741 And just seeing her getting weaker and weaker, 607 00:39:28,824 --> 00:39:31,786 that was the most frustrating thing of all. 608 00:39:34,455 --> 00:39:37,333 So when I come home from visiting Maya, 609 00:39:38,584 --> 00:39:42,254 Beata wanted to know how her little girl's doing. 610 00:39:42,338 --> 00:39:44,423 She wants to know if they're doing procedures 611 00:39:44,507 --> 00:39:46,509 or giving meds and this and that. 612 00:39:46,592 --> 00:39:49,512 And I couldn't say anything. 613 00:39:49,595 --> 00:39:52,473 You know, I can't… If I start doing that, 614 00:39:53,057 --> 00:39:57,103 I'm gonna lose my privileges as a father to go see my daughter, 615 00:39:57,186 --> 00:40:01,440 and our daughter needs somebody to come see her. 616 00:40:03,442 --> 00:40:04,944 So I'd stay quiet. 617 00:40:11,367 --> 00:40:15,246 [lawyer 1] Kyle, did you have a chance to visit your sister 618 00:40:15,329 --> 00:40:18,124 at Johns Hopkins All Children's Hospital when she was hospitalized there? 619 00:40:18,207 --> 00:40:19,041 Yes. 620 00:40:19,625 --> 00:40:21,293 [lawyer 1] How did your sister appear to you 621 00:40:21,377 --> 00:40:23,754 when you would go visit her at the hospital? 622 00:40:24,296 --> 00:40:25,423 [Kyle] Uh… 623 00:40:26,006 --> 00:40:28,843 She appeared like she did not wanna be there. 624 00:40:29,927 --> 00:40:31,887 [Maya] It was hard for me to be without my parents, 625 00:40:31,971 --> 00:40:36,767 and it was hard to put all this trust into people I didn't even know. 626 00:40:36,851 --> 00:40:39,812 They even said that it's all in Maya's head. 627 00:40:40,646 --> 00:40:41,605 "The kid's sick." 628 00:40:41,689 --> 00:40:44,191 "She's trying to tell people what's wrong with her, 629 00:40:44,275 --> 00:40:45,693 and nobody's listening." 630 00:40:46,819 --> 00:40:49,572 That's incorrect. I know my daughter. 631 00:41:06,130 --> 00:41:08,507 [lawyer 2] Do you think that she improved 632 00:41:08,591 --> 00:41:12,803 from the time that she was admitted to JHACH? 633 00:41:12,887 --> 00:41:13,888 Yes. 634 00:41:14,388 --> 00:41:15,473 She gained weight. 635 00:41:16,098 --> 00:41:19,143 She was weaned off numerous medications. 636 00:41:19,226 --> 00:41:22,646 She was no longer having abdominal pain. 637 00:41:22,730 --> 00:41:25,232 [lawyer 3] From the time you came into All Children's, 638 00:41:25,316 --> 00:41:27,026 did your pain ever improve? 639 00:41:28,736 --> 00:41:30,237 -[lawyer 4] Object to form. -No. 640 00:41:30,321 --> 00:41:31,989 No, not really. 641 00:41:32,072 --> 00:41:34,408 Like, I was in constant pain. 642 00:41:34,492 --> 00:41:37,578 And with CRPS, when it's left untreated, 643 00:41:37,661 --> 00:41:42,124 like, without medication and without the proper physical therapy… 644 00:41:42,708 --> 00:41:46,504 Uh, also without a support system, that definitely plays into it. 645 00:41:46,587 --> 00:41:50,049 But… it's, like, almost impossible to improve. 646 00:41:52,009 --> 00:41:55,054 So, even though doctors came in and out of my room, 647 00:41:55,638 --> 00:41:57,306 um, I was never listened to. 648 00:41:57,389 --> 00:41:59,433 I was basically ignored. 649 00:41:59,517 --> 00:42:01,310 Five minutes or two minutes, that's all it is. 650 00:42:01,393 --> 00:42:04,939 [Kirkpatrick] This was not the first time I've seen this type of scenario. 651 00:42:05,022 --> 00:42:09,151 After a few days at the hospital, they refused to give her ketamine. 652 00:42:10,069 --> 00:42:12,780 And without the high-dose ketamine treatment, 653 00:42:12,863 --> 00:42:15,991 she had virtually no mobility in her legs at all. 654 00:42:16,075 --> 00:42:20,412 That's where you get blood clots forming, which can break off, go to the lungs, 655 00:42:20,496 --> 00:42:21,830 and it could be fatal. 656 00:42:22,790 --> 00:42:25,209 And I felt it was important 657 00:42:25,292 --> 00:42:29,922 that Beata understood the seriousness of this. 658 00:42:30,005 --> 00:42:31,507 [typing] 659 00:42:32,049 --> 00:42:35,302 So I warned her, in all medical probability, 660 00:42:35,386 --> 00:42:38,389 that Maya would die a slow, painful death. 661 00:43:36,030 --> 00:43:37,114 [Beata sighs] 662 00:43:43,662 --> 00:43:45,039 [Beata sighs frustratedly] 663 00:43:46,332 --> 00:43:50,586 One social worker at Johns Hopkins All Children's Hospital 664 00:43:52,004 --> 00:43:54,381 was assigned to my daughter. 665 00:43:54,465 --> 00:43:57,593 -Please state your name for the record. -Catherine R. Bedy. 666 00:43:57,676 --> 00:43:59,970 Something didn't seem right with her, 667 00:44:00,054 --> 00:44:01,722 so we googled her name. 668 00:44:03,807 --> 00:44:08,103 The first thing that came up was she was arrested for child abuse. 669 00:44:11,774 --> 00:44:15,527 Beata is falsely being accused of child abuse, 670 00:44:15,611 --> 00:44:18,530 and she was on that other side of the phone knowing this 671 00:44:18,614 --> 00:44:22,117 and not being able to do anything for her child. 672 00:44:23,494 --> 00:44:25,037 [Beata] You just woke up? 673 00:44:25,120 --> 00:44:26,205 [Maya] Yeah. 674 00:44:27,331 --> 00:44:29,708 -[Beata] Who's with you today? -[Maya] Cathi. 675 00:44:29,792 --> 00:44:31,210 -[Beata sighs] -[Bedy] Yes. 676 00:44:31,293 --> 00:44:33,003 [Beata] You know, she's really interrupting, 677 00:44:33,087 --> 00:44:35,089 because I hear her talking in the background. 678 00:44:35,172 --> 00:44:36,799 -[Bedy] Mom? -[Beata] Yes. 679 00:44:36,882 --> 00:44:38,425 [Bedy] You need to redirect. 680 00:44:38,509 --> 00:44:42,179 [Beata] I will redirect. I'm just telling you this is my time with my daughter. 681 00:44:42,262 --> 00:44:44,014 [Bedy] Mom, please redirect. 682 00:44:44,098 --> 00:44:45,265 [Beata sighs] 683 00:44:46,308 --> 00:44:49,269 [Jack] I later found out the charges were dropped. 684 00:44:50,479 --> 00:44:52,815 But it set off alarms with Beata. 685 00:44:52,898 --> 00:44:57,403 Cathi Bedy told me that I was gonna go into a foster home. 686 00:44:57,486 --> 00:45:01,782 She told me that my mom was in a mental institution. 687 00:45:01,865 --> 00:45:04,493 She told me that she was gonna end up adopting me. 688 00:45:04,576 --> 00:45:08,914 [lawyer 2] Did you ever sit Maya on your lap? 689 00:45:08,997 --> 00:45:10,165 [Bedy] Yes. 690 00:45:10,249 --> 00:45:11,834 [lawyer 2] Were you hugging Maya? 691 00:45:12,376 --> 00:45:16,630 Um, I think that we provide comfort to a lot of kids so, uh… 692 00:45:16,714 --> 00:45:19,925 probably whilst she was sitting on my lap, I'm sure I did hug her. 693 00:45:20,008 --> 00:45:22,261 [lawyer 2] Do you think Maya liked you? 694 00:45:22,344 --> 00:45:23,512 [lawyer 4] Object to form. 695 00:45:24,763 --> 00:45:27,057 Um, yeah, and… 696 00:45:29,101 --> 00:45:31,937 I also think that there were times that Maya was very mad 697 00:45:32,020 --> 00:45:35,315 because I happened to be the face of the hospital, 698 00:45:35,399 --> 00:45:36,817 along with the doctors. 699 00:45:37,359 --> 00:45:41,405 [lawyer 2] Do you remember being told why they wanted to take photos of you? 700 00:45:43,031 --> 00:45:46,535 Yeah. Cathi Bedy came over to my bed, 701 00:45:46,618 --> 00:45:47,870 and she was like, 702 00:45:47,953 --> 00:45:50,456 "If you wanna go to the court hearing, I have to do this." 703 00:45:50,539 --> 00:45:52,583 [lawyer 2] Risk management made the decision 704 00:45:52,666 --> 00:45:55,627 to have these pictures taken of Maya? 705 00:45:55,711 --> 00:45:57,963 -Yep. -She removed my clothes… 706 00:45:58,046 --> 00:46:00,424 She was in her sports bra and a pair of shorts. 707 00:46:00,507 --> 00:46:03,635 …held me down, took photos of me. 708 00:46:03,719 --> 00:46:08,974 We took pictures of her arms, her legs, her face, and her stomach. 709 00:46:09,057 --> 00:46:13,020 I was screaming, crying, yelling "No." 710 00:46:13,103 --> 00:46:16,440 [lawyer 2] She did not want you to take pictures of her like that, did she? 711 00:46:16,523 --> 00:46:17,357 She did not. 712 00:46:17,441 --> 00:46:20,068 Could not have made it any more clear. 713 00:46:20,152 --> 00:46:22,654 [lawyer 2] But you went ahead and took pictures of her anyway. 714 00:46:22,738 --> 00:46:24,198 Unfortunately, we did. 715 00:46:24,948 --> 00:46:27,701 [lawyer 2] What steps were taken to call the parents 716 00:46:27,785 --> 00:46:31,914 and ask whether you could take pictures of their child like this? 717 00:46:31,997 --> 00:46:33,540 We didn't call the parents. 718 00:46:34,041 --> 00:46:39,129 [Maya] I missed Halloween, Thanksgiving, my birthday, 719 00:46:39,671 --> 00:46:45,093 and all I could think about was when could I go home and see my mom. 720 00:46:51,892 --> 00:46:54,311 [Beata] Hi, Maya. How are you, sweetie pie? 721 00:46:54,394 --> 00:46:56,355 [Maya] I'm really not feeling well. 722 00:46:56,855 --> 00:46:58,482 [Beata] You're not feeling good? 723 00:46:58,565 --> 00:47:00,609 [Maya] Everything is hard for me. 724 00:47:00,692 --> 00:47:02,277 I cry a lot. 725 00:47:02,361 --> 00:47:05,072 [Beata] So the tramadol doesn't do anything for you? 726 00:47:05,155 --> 00:47:07,032 -[Maya] No, not at all. -[Beata sighs] 727 00:47:07,115 --> 00:47:09,993 What else are you getting for pain? -[Maya] Nothing else. 728 00:47:11,537 --> 00:47:13,288 [Beata] Well, I'm very sorry, honey. 729 00:47:13,372 --> 00:47:16,792 I wish I was there to rub your back and hug you. 730 00:47:16,875 --> 00:47:18,418 [Maya] Yeah, me too. 731 00:47:18,502 --> 00:47:21,755 [Beata] Oh, did you get that letter I wrote to you? 732 00:47:21,839 --> 00:47:23,423 -From, um… -[Maya] No. 733 00:47:23,507 --> 00:47:24,675 [Beata] …Miss Cathi? 734 00:47:25,175 --> 00:47:27,594 -[Maya] What? -[Bedy] Miss Cathi has no letter from you. 735 00:47:27,678 --> 00:47:29,596 [Beata] Okay, I sent it to Charlotte. 736 00:47:29,680 --> 00:47:31,515 [Bedy] You'll have to talk with Charlotte. 737 00:47:31,598 --> 00:47:32,516 [Beata] Okay. 738 00:47:33,392 --> 00:47:36,937 Have you been able to talk to your attorney? 739 00:47:37,646 --> 00:47:39,857 [Maya] Yeah. He's gonna come today. 740 00:47:39,940 --> 00:47:43,819 [Beata] Oh good. I just wanna make sure that you are able to talk to him. 741 00:47:43,902 --> 00:47:48,532 [Maya] Well, on the phone I'm not, because I can't call outside. 742 00:47:48,615 --> 00:47:51,451 [Beata] What do you mean, you can't call outside? 743 00:47:52,035 --> 00:47:55,831 You are not in a prison, and you're not in a Nazi camp. 744 00:47:55,914 --> 00:47:58,292 -[Bedy] Mom… Um, Mom. -[Beata] Yes. 745 00:47:58,375 --> 00:48:01,587 [Bedy] She just has to ask the nurse how to do it. That's all. 746 00:48:02,212 --> 00:48:03,213 [Beata] Okay. 747 00:48:04,339 --> 00:48:06,383 [sighs] How was your Thanksgiving? 748 00:48:06,466 --> 00:48:07,634 [Maya sobs] 749 00:48:07,718 --> 00:48:09,136 It wasn't really good. 750 00:48:09,219 --> 00:48:10,053 [Beata] I know. 751 00:48:10,137 --> 00:48:12,639 It was the worst Thanksgiving ever for me. 752 00:48:14,391 --> 00:48:17,352 [Maya] I don't understand why this happened, you know? 753 00:48:17,436 --> 00:48:21,440 [Beata] Yeah, we… It's very difficult. It's very complicated. 754 00:48:21,523 --> 00:48:25,986 [Maya] I mean, nothing's happened wrong, and we're suffering now. 755 00:48:26,486 --> 00:48:27,529 [sobs] 756 00:48:27,613 --> 00:48:30,365 -[Beata] I know. I'm very sorry, honey. -[Maya sighs] 757 00:48:30,866 --> 00:48:33,118 [Beata] Very sorry. Just be strong, okay? 758 00:48:35,078 --> 00:48:36,330 [Maya, shakily] Yeah. 759 00:48:36,413 --> 00:48:38,415 [Beata] I pray for you every day. 760 00:48:39,791 --> 00:48:40,876 [Maya] Me too. 761 00:48:41,585 --> 00:48:42,878 [Beata] So be strong. 762 00:48:44,296 --> 00:48:45,339 [Maya] I'm trying. 763 00:48:45,422 --> 00:48:47,549 -[Beata] Okay. -[Maya sniffles] 764 00:48:47,633 --> 00:48:48,842 [sobs] 765 00:48:48,926 --> 00:48:51,595 [Bedy] Mom? We have to say goodbye. 766 00:48:51,678 --> 00:48:54,306 I have to step into something else right now. 767 00:48:54,389 --> 00:48:55,307 [Beata] Okay. 768 00:48:56,266 --> 00:48:57,976 -Thank you, Maya. -[Maya] I love you, Mommy. 769 00:48:58,060 --> 00:49:00,312 -[Beata] I love you. Bye-bye. -[Maya] Bye-bye, Mommy. 770 00:49:04,274 --> 00:49:08,904 [Jack] I don't know if it was questioning Maya on her treatments 771 00:49:08,987 --> 00:49:10,322 or what they're giving her 772 00:49:10,405 --> 00:49:13,825 or certain things that she can't discuss with her daughter, 773 00:49:14,326 --> 00:49:18,246 but unfortunately, Cathi Bedy accused Beata 774 00:49:18,330 --> 00:49:21,500 of being inappropriate during that phone conversation. 775 00:49:21,583 --> 00:49:23,418 [typing] 776 00:49:23,502 --> 00:49:27,381 And she tried to get Beata's privileges suspended. 777 00:49:31,176 --> 00:49:36,306 Beata, as strong as she is, it just destroyed her. 778 00:49:52,364 --> 00:49:55,033 [lawyer 1] Mr. Kowalski, were you aware that your wife was the subject 779 00:49:55,117 --> 00:49:59,997 of a pending criminal investigation by the Sarasota County Sheriff's Office? 780 00:50:00,080 --> 00:50:04,042 I never heard there was a pending investigation. 781 00:50:04,126 --> 00:50:08,296 [lawyer 1] I believe you sat down and gave a recorded statement to Detective Graham. 782 00:50:08,380 --> 00:50:09,214 Am I correct? 783 00:50:09,297 --> 00:50:13,510 Yes, I sat down with her, but I did not know I was being recorded. 784 00:50:13,593 --> 00:50:16,013 I did not give consent to be recorded. 785 00:50:16,096 --> 00:50:18,724 [lawyer 2] You told them that you were a detective 786 00:50:18,807 --> 00:50:20,767 investigating child abuse, did you not? 787 00:50:20,851 --> 00:50:25,814 I would've had my badge and gone on and probably identified myself, yes. 788 00:50:25,897 --> 00:50:27,399 I asked if I could interview him, 789 00:50:27,482 --> 00:50:30,819 and we sat down, and we had a… pleasant conversation. 790 00:50:36,158 --> 00:50:38,160 [rustling on recording] 791 00:50:38,243 --> 00:50:39,453 [Graham] Um… 792 00:50:40,412 --> 00:50:43,457 Could you tell me a little about you and your wife's relationship? 793 00:50:43,540 --> 00:50:46,543 [Jack] It's like any marriage. You've got your ups and downs. 794 00:50:46,626 --> 00:50:49,046 And sure, you're not gonna agree on everything. 795 00:50:49,129 --> 00:50:50,130 -You know? -[Graham] Okay. 796 00:50:50,213 --> 00:50:52,966 Do you guys ever disagree on Maya's care? 797 00:50:53,050 --> 00:50:55,218 [Jack] No. I know my wife. She… 798 00:50:55,302 --> 00:50:59,598 She'll stay up till three in the morning, you know, doing research or whatever. 799 00:50:59,681 --> 00:51:03,894 I kind of listen to what she says with that and the doctors. 800 00:51:03,977 --> 00:51:05,896 Number one is the doctors. 801 00:51:06,438 --> 00:51:10,275 [Graham] Is Maya looking for some… attention from her mom? 802 00:51:10,358 --> 00:51:12,778 Trying to please her mom? Mom wants her to be sick. 803 00:51:12,861 --> 00:51:16,114 -So "I'm gonna be sick to please my mom"? -[Jack] I hope not. God, I hope not. 804 00:51:16,948 --> 00:51:18,283 [sighs] 805 00:51:19,242 --> 00:51:22,412 [Graham] Let's not differentiate love and affection and caring… 806 00:51:22,496 --> 00:51:24,331 -[Jack] Mm-hmm. -[Graham] …for abuse. 807 00:51:24,831 --> 00:51:27,167 -Because they can happen in tandem. -[Jack] Yeah. 808 00:51:27,667 --> 00:51:31,046 I don't agree with her on a lot of things, but I'll tell you what, 809 00:51:31,129 --> 00:51:34,007 intentionally, she would never hurt her children. 810 00:51:34,091 --> 00:51:36,384 I'd swear on my life on that one. 811 00:51:37,427 --> 00:51:41,431 -[Graham] Do you love your wife? -[Jack] I love her, yeah. I just… 812 00:51:42,599 --> 00:51:44,351 She is a pushy person, 813 00:51:45,018 --> 00:51:46,978 and it's getting worse right now. 814 00:51:47,062 --> 00:51:50,023 Just, you know, she don't wanna cooperate. 815 00:51:51,608 --> 00:51:54,111 -[Graham] This is a complicated case. -[Jack] Sure. 816 00:51:54,194 --> 00:51:56,488 [Graham] And… I think it… 817 00:51:56,571 --> 00:51:59,741 it could be very possible someone could be looking at criminal charges. 818 00:51:59,825 --> 00:52:02,577 -[Jack] Hmm. -[Graham] Which is why I'm asking you. 819 00:52:02,661 --> 00:52:04,746 Are you protective, or are you complicit? 820 00:52:05,372 --> 00:52:06,790 [Jack] Protective of my children. 821 00:52:08,166 --> 00:52:10,210 [Graham] Are your children truly your first priority? 822 00:52:10,293 --> 00:52:13,130 [Jack] I swear on my life, and my children's lives. 823 00:52:13,213 --> 00:52:14,089 [Graham] I don't care. 824 00:52:14,172 --> 00:52:16,842 I'll put you and your wife in jail tomorrow if it meant Maya gets better. 825 00:52:16,925 --> 00:52:19,261 -[Jack] If I did wrong, put me in jail. -[Graham] Absolutely. 826 00:52:19,344 --> 00:52:20,887 [Jack] Yes, I accept that. 827 00:52:22,389 --> 00:52:24,891 [Graham] Let me ask you. If Maya was released tomorrow, 828 00:52:24,975 --> 00:52:27,144 would you be compliant 829 00:52:27,227 --> 00:52:30,438 if that child was not to have any contact with her mother? 830 00:52:31,565 --> 00:52:32,440 [Jack] Yes. 831 00:52:34,109 --> 00:52:35,193 In a heartbeat. 832 00:52:39,197 --> 00:52:42,117 [director] So did they want Jack to turn on Beata? 833 00:52:43,618 --> 00:52:45,787 I would assume that they did. 834 00:52:46,454 --> 00:52:48,456 That would've made their case easier. 835 00:52:48,957 --> 00:52:52,544 [director] He said that he would choose his kids over his wife. 836 00:52:54,129 --> 00:52:55,964 That's what he's supposed to say. 837 00:52:56,923 --> 00:53:00,218 If you say otherwise, it will be held against you. 838 00:53:01,052 --> 00:53:03,847 That is the only correct answer. 839 00:53:05,223 --> 00:53:08,185 I did go home. I told Beata what happened. 840 00:53:08,894 --> 00:53:09,853 Um… 841 00:53:10,854 --> 00:53:14,691 Yeah. It's… "What'd you say? Why did you do this? Why…" 842 00:53:14,774 --> 00:53:16,985 I told her, "I have nothing to hide." 843 00:53:19,029 --> 00:53:24,034 [grunts] I told her exactly that "They're trying to blame you," 844 00:53:24,117 --> 00:53:29,289 and… and then it just… it caused a lot of stress in the house. 845 00:53:30,332 --> 00:53:34,419 I'm sure she felt very much betrayed. Mm. 846 00:53:41,092 --> 00:53:43,094 [playing "My Heart Will Go On"] 847 00:53:49,684 --> 00:53:51,645 [conversation in background] 848 00:53:51,728 --> 00:53:53,897 [woman] Ooh! Now say the line. Say the word. 849 00:53:53,980 --> 00:53:56,274 -[child sings] -[woman] Good, good, very good. 850 00:54:00,320 --> 00:54:04,074 [judge] Ms. Bedy, you'd said before you thought Maya was happy and thriving 851 00:54:04,157 --> 00:54:07,369 under your care and the care of the hospital. 852 00:54:08,286 --> 00:54:09,204 [Bedy] Yes. 853 00:54:10,538 --> 00:54:15,335 Maya was moving her legs, moving her hands without any pain. 854 00:54:15,418 --> 00:54:19,923 She was out playing the piano downstairs 855 00:54:20,006 --> 00:54:22,717 and often moved herself around the hospital. 856 00:54:24,219 --> 00:54:26,513 So we saw her getting better. 857 00:54:27,430 --> 00:54:29,683 [judge] Do you have any response to that? 858 00:54:30,517 --> 00:54:34,604 RSD is a disease, and every day, it looks a little bit different. 859 00:54:34,688 --> 00:54:37,649 There are certain days that I could do certain things, 860 00:54:37,732 --> 00:54:40,277 and there are other days, where I can't do those things. 861 00:54:40,360 --> 00:54:42,904 So depending on the days, it's gonna look different. 862 00:54:42,988 --> 00:54:45,198 So, yes, they are wrong there. 863 00:54:45,282 --> 00:54:49,536 When we look at pain, and when I see kids in pain, 864 00:54:49,619 --> 00:54:55,583 Maya never showed some of the symptoms that we see other kids in pain having. 865 00:55:01,631 --> 00:55:04,509 [Maya] Dear your honor. Love, Maya. 866 00:55:07,220 --> 00:55:10,098 Hello, it's Maya, and I wanted to write you a note. 867 00:55:10,181 --> 00:55:14,686 First of all, I wanted to thank you for taking your time working on this case. 868 00:55:14,769 --> 00:55:17,022 And I know that you know I want to go home. 869 00:55:19,691 --> 00:55:22,319 I've been feeling terrible the last few days. 870 00:55:22,402 --> 00:55:24,529 I have been getting worse and worse. 871 00:55:25,030 --> 00:55:27,282 All I want for Christmas is my family. 872 00:55:28,033 --> 00:55:30,535 I cry every day, and it makes me feel sad. 873 00:55:31,202 --> 00:55:33,997 I never got to say my goodbyes to my mom. 874 00:55:35,415 --> 00:55:38,209 I pray every day that I will be able to go home. 875 00:55:40,962 --> 00:55:44,132 [Salisbury] In the middle of December 2016, 876 00:55:44,632 --> 00:55:47,135 there was a hearing scheduled, a status conference. 877 00:55:47,218 --> 00:55:49,679 We were constantly having status conferences, 878 00:55:49,763 --> 00:55:52,724 and Varinia Van Ness came on as cocounsel. 879 00:56:10,742 --> 00:56:13,536 [Salisbury] This was a huge power struggle. 880 00:56:14,371 --> 00:56:16,164 But no matter what we did, 881 00:56:16,247 --> 00:56:19,626 the court repetitively sided 882 00:56:19,709 --> 00:56:23,505 with the hospital staff and Dr. Sally Smith. 883 00:56:50,115 --> 00:56:52,200 [Salisbury] It never made any sense to me 884 00:56:52,283 --> 00:56:55,954 why she was denied giving her child that hug. 885 00:56:56,788 --> 00:57:00,500 And I can tell you, as we left the courthouse that day, 886 00:57:00,583 --> 00:57:02,836 that Beata was devastated. 887 00:57:03,545 --> 00:57:04,629 Devastated. 888 00:57:05,797 --> 00:57:09,050 And the one thing that I know to this day 889 00:57:09,134 --> 00:57:13,263 is none of us can get that hug back now. 890 00:57:14,264 --> 00:57:15,890 That hug is gone. 891 00:57:16,641 --> 00:57:18,726 [producer] You think if she had hugged her, 892 00:57:18,810 --> 00:57:20,895 things would've turned out differently? 893 00:57:20,979 --> 00:57:21,980 Yes, I do. 894 00:57:23,773 --> 00:57:24,691 I do. 895 00:57:33,825 --> 00:57:37,829 [Jack] That day we were supposed to go to a neighbor's for a, uh, birthday party, 896 00:57:37,912 --> 00:57:39,497 a kids' birthday party. 897 00:57:40,331 --> 00:57:42,625 She goes, "Let me get up and wrap the present." 898 00:57:44,669 --> 00:57:45,920 "I'm not gonna go." 899 00:57:46,546 --> 00:57:49,632 "I'm gonna sleep. I got a migraine headache." [sighs] 900 00:57:51,885 --> 00:57:53,678 Kyle and I went to that party. 901 00:57:55,889 --> 00:57:57,307 And when we came home, 902 00:57:58,766 --> 00:58:00,393 her bedroom door was shut. 903 00:58:01,561 --> 00:58:03,855 We thought she was asleep. 904 00:58:06,483 --> 00:58:09,819 So we decided to sit down, watch some TV. 905 00:58:14,324 --> 00:58:15,575 Later that night, 906 00:58:16,784 --> 00:58:18,786 somebody was knocking on the door. 907 00:58:20,163 --> 00:58:21,748 It was her brother, Peter. 908 00:58:23,791 --> 00:58:26,586 So Peter was walking around the house. 909 00:58:28,755 --> 00:58:30,173 He walked in the garage. 910 00:58:33,176 --> 00:58:34,677 There was a scream… 911 00:58:36,804 --> 00:58:38,640 that I'll never forget. 912 00:58:40,683 --> 00:58:42,310 It's my name in Polish. 913 00:58:42,852 --> 00:58:43,811 Jacek. 914 00:58:48,024 --> 00:58:50,360 He screamed that so loud, I knew. 915 00:58:54,948 --> 00:58:57,116 [dispatch] 911, tell me exactly what happened. 916 00:58:57,867 --> 00:58:59,077 [Jack breathing heavily] 917 00:58:59,702 --> 00:59:01,746 Uh, she hung herself in the garage. 918 00:59:02,330 --> 00:59:03,706 [gasps] 919 00:59:03,790 --> 00:59:06,292 -[Kyle] Mommy! No… -[Jack sighs] No-- 920 00:59:06,376 --> 00:59:08,962 -[dispatch] Stay on the line. -[Kyle crying] 921 00:59:09,045 --> 00:59:11,256 -[Jack sobs] -[dispatch] How old is she? 922 00:59:11,339 --> 00:59:12,340 [Jack] Forty-two. 923 00:59:13,049 --> 00:59:14,551 [sobbing] 924 00:59:15,134 --> 00:59:16,511 Oh my God. 925 00:59:16,594 --> 00:59:17,929 [sobbing] 926 00:59:18,012 --> 00:59:20,682 -[Kyle] Mommy! Mom! -[Jack] No, you can't go in there. 927 00:59:21,641 --> 00:59:23,601 [dispatch] I'm sending someone to assist you. 928 00:59:23,685 --> 00:59:25,728 Please leave everything as you found it. 929 00:59:25,812 --> 00:59:29,107 -[Jack] Just please get somebody here. -[dispatch] They're on their way. 930 00:59:32,610 --> 00:59:34,612 [sirens approaching] 931 00:59:43,329 --> 00:59:47,959 [man] Did your wife give you any indication that this would happen? 932 00:59:48,668 --> 00:59:53,756 [Jack] No, but my daughter has an illness, and it's all started from that. 933 00:59:54,549 --> 00:59:57,343 -Just the disease alone was horrible. -[phone rings] 934 00:59:57,427 --> 01:00:00,096 -This is my attorney. Could I answer it? -[man] Sure. 935 01:00:01,306 --> 01:00:03,766 -Hey, Debra. -[faintly] Oh my God! 936 01:00:05,059 --> 01:00:08,438 -I'm so sorry. -[Jack] Debra, I am so sick. 937 01:00:08,521 --> 01:00:09,814 [sobs] 938 01:00:10,523 --> 01:00:12,734 -[Salisbury] I'm so sorry. -[Jack sobs] 939 01:00:12,817 --> 01:00:15,236 [Salisbury] I feel so bad. The judge was so cold. 940 01:00:15,320 --> 01:00:17,238 [Jack] I know this is what happened. 941 01:00:17,322 --> 01:00:20,241 This… I know it's because he turned her down. 942 01:00:20,867 --> 01:00:22,076 That killed her. 943 01:00:22,160 --> 01:00:24,871 All the way home, that's all she talked about. 944 01:00:25,580 --> 01:00:27,415 [sighs heavily] 945 01:00:27,498 --> 01:00:30,376 I don't know how I'm gonna tell Maya later. 946 01:00:32,503 --> 01:00:35,590 Because I can't go there and tell her and then leave. 947 01:00:37,133 --> 01:00:39,135 [crying on recording] 948 01:00:41,596 --> 01:00:42,513 Okay. 949 01:00:43,806 --> 01:00:45,933 Thanks, Deb. Bye. 950 01:00:53,149 --> 01:00:55,610 [Salisbury] I remember the phone call from Jack 951 01:00:56,110 --> 01:00:58,112 that his wife had ended her life. 952 01:00:59,113 --> 01:01:00,865 I was devastated. 953 01:01:00,948 --> 01:01:04,035 I just could not believe what had happened. 954 01:01:08,039 --> 01:01:13,044 But I think the note that Beata left for Judge Haworth 955 01:01:13,127 --> 01:01:14,879 makes it pretty clear 956 01:01:14,962 --> 01:01:18,216 that she wanted her child to be free from that hospital. 957 01:01:20,093 --> 01:01:22,595 She was very worried about what was happening 958 01:01:22,679 --> 01:01:25,264 and the treatment that she was being forced to take. 959 01:01:31,145 --> 01:01:34,148 She wanted to make sure that her child got out of there. 960 01:01:35,483 --> 01:01:37,694 And she didn't see any other way out. 961 01:02:23,573 --> 01:02:25,575 [bell rings] 962 01:02:26,075 --> 01:02:28,411 [bell rings] 963 01:02:29,120 --> 01:02:31,873 [bell rings] 964 01:02:35,543 --> 01:02:38,463 [playing Prelude and Fugue in C major by Bach] 965 01:03:01,736 --> 01:03:02,779 [Maya] Hi, Mommy! 966 01:03:03,404 --> 01:03:04,697 [Beata] Hi, Maya. 967 01:03:05,448 --> 01:03:08,326 How is my sunshine today? 968 01:03:12,663 --> 01:03:14,999 [Maya] I really, really miss you, Mommy. 969 01:03:15,625 --> 01:03:16,751 [Beata] I do too. 970 01:03:17,293 --> 01:03:19,378 I miss you every second of the day. 971 01:03:22,548 --> 01:03:24,759 [Maya] I miss you coming home from work. 972 01:03:24,842 --> 01:03:26,803 Hugging and snuggling. 973 01:03:26,886 --> 01:03:29,680 I miss swimming in the pool with you. 974 01:03:30,723 --> 01:03:32,725 I miss everything. 975 01:03:33,976 --> 01:03:37,230 [Beata] Just close your eyes and pretend I'm there. 976 01:03:39,315 --> 01:03:43,528 I know it's not the same, but just be strong and don't lose hope. 977 01:03:45,029 --> 01:03:48,449 [Maya] I'm hurting. I wanna come home. 978 01:03:49,116 --> 01:03:51,619 [Beata] I will do everything. I promise you. 979 01:03:54,163 --> 01:03:56,332 [Jack] Shortly after Beata's death, 980 01:03:56,415 --> 01:03:58,751 they allowed me to take Maya 981 01:03:58,835 --> 01:04:01,587 to go see a specialist in Rhode Island. 982 01:04:01,671 --> 01:04:03,256 Dr. Chopra. 983 01:04:04,966 --> 01:04:06,968 He did an evaluation on her, 984 01:04:07,510 --> 01:04:11,389 which did confirm that she does have CRPS. 985 01:04:13,182 --> 01:04:15,685 And he sent his report to the court. 986 01:04:17,728 --> 01:04:22,108 Not too much longer after that, Maya was released to my custody. 987 01:04:22,775 --> 01:04:24,777 [Bach's Prelude continues] 988 01:04:28,406 --> 01:04:31,117 [woman] Maya, we are so excited to see you. 989 01:04:31,200 --> 01:04:32,869 So thankful you're home. 990 01:04:45,006 --> 01:04:47,258 [Beata] Would you like to pray together? 991 01:04:47,341 --> 01:04:48,259 [Maya] Yeah. 992 01:04:49,552 --> 01:04:53,431 [Beata] Lord Jesus, I now take your precious blood 993 01:04:53,514 --> 01:04:56,893 and sprinkle it over Maya and my family. 994 01:04:57,935 --> 01:05:00,229 I surrender my family to you. 995 01:05:01,272 --> 01:05:05,151 Take care of everything, and take care of Maya. 996 01:05:08,279 --> 01:05:09,238 [Maya] Amen. 997 01:05:26,172 --> 01:05:28,424 [Maya] My mom was very compassionate. 998 01:05:29,634 --> 01:05:33,596 She was caring, loyal, intelligent. 999 01:05:35,097 --> 01:05:36,933 [sighs] 1000 01:05:40,478 --> 01:05:42,813 It's hard to, you know, pick adjectives 1001 01:05:42,897 --> 01:05:45,483 because, honestly, when I think of my mom, there's… 1002 01:05:46,150 --> 01:05:49,320 You can't really describe her in a couple of words. 1003 01:06:04,627 --> 01:06:09,382 After being held captive for three whole months, 1004 01:06:09,465 --> 01:06:13,302 being told that I could go back to some normalcy, 1005 01:06:13,386 --> 01:06:16,222 it was so nice to hear that. 1006 01:06:16,764 --> 01:06:19,684 It felt like all of my prayers had been answered, 1007 01:06:20,351 --> 01:06:23,229 all of my family's prayers had been answered. 1008 01:06:26,065 --> 01:06:27,400 [sighs] 1009 01:06:27,483 --> 01:06:32,029 But I lost one of the most important people in my life. 1010 01:06:32,780 --> 01:06:36,075 A person who I didn't even get to say goodbye to. 1011 01:06:38,744 --> 01:06:39,954 [sighs] 1012 01:06:45,751 --> 01:06:47,294 Yeah, that was the worst. 1013 01:06:55,052 --> 01:06:58,514 Here I thought I was gonna be able to see her again, 1014 01:06:59,098 --> 01:07:02,518 maybe even if it took an entire year. 1015 01:07:03,060 --> 01:07:06,689 But just being told that that was never gonna happen… 1016 01:07:15,031 --> 01:07:16,782 [producer] Let's take a break now, okay? 1017 01:07:20,286 --> 01:07:22,455 -Let me get you some water, okay? -Mm-hmm. 1018 01:07:26,542 --> 01:07:30,671 [Jack] After Maya was released in 2017, 1019 01:07:31,380 --> 01:07:34,800 we had to follow certain instructions from the court. 1020 01:07:35,718 --> 01:07:38,763 She was not allowed any ketamine treatments, 1021 01:07:38,846 --> 01:07:40,598 so we had to do things slow. 1022 01:07:42,892 --> 01:07:46,562 It took over a year of physical therapy, 1023 01:07:47,271 --> 01:07:51,067 and she went from a wheelchair to crutches. 1024 01:07:52,068 --> 01:07:55,196 And then one year after that, walking around. 1025 01:07:56,739 --> 01:07:58,949 But she still had pain. 1026 01:07:59,992 --> 01:08:01,077 A lot of pain. 1027 01:08:05,790 --> 01:08:07,750 And she could relapse any time. 1028 01:08:16,634 --> 01:08:19,804 [director] So, Maya can walk now. 1029 01:08:20,721 --> 01:08:22,306 Yes, Maya can walk now. 1030 01:08:22,389 --> 01:08:25,726 She has… She still has some impairments in her lower extremities. 1031 01:08:25,810 --> 01:08:27,103 [on tape] …stand up. Thatta girl. 1032 01:08:27,186 --> 01:08:29,480 -Good job! -She's made tremendous gains. 1033 01:08:29,563 --> 01:08:31,816 But she has CRPS, 1034 01:08:31,899 --> 01:08:35,277 and she's gonna continue to have to live with that diagnosis. 1035 01:08:38,697 --> 01:08:41,242 [Jack] We are trying to do the best we can. 1036 01:08:44,245 --> 01:08:46,372 But the kids will never be the same. 1037 01:08:50,793 --> 01:08:56,006 It's very difficult to understand what went through Beata's mind. 1038 01:08:57,758 --> 01:09:00,970 Thinking that was the only way to get her daughter out. 1039 01:09:03,681 --> 01:09:05,391 I miss her dearly. 1040 01:09:06,267 --> 01:09:10,437 But… I have anger, here and there. 1041 01:09:13,107 --> 01:09:16,652 It is so difficult to try to play both roles. 1042 01:09:17,945 --> 01:09:23,033 And as much as you try, you cannot replace their mother. 1043 01:09:26,537 --> 01:09:29,290 Something good has to come from all this pain. 1044 01:09:39,091 --> 01:09:41,927 [woman] I've been a reporter for over five years, 1045 01:09:42,011 --> 01:09:44,972 and, you know, you don't get to the truth 1046 01:09:45,055 --> 01:09:49,101 by just accepting what's in front of you without questioning it. 1047 01:09:50,186 --> 01:09:53,230 And this seemed like an area that needed to be questioned. 1048 01:09:53,856 --> 01:09:58,277 In 2019, I was covering child welfare in Sarasota 1049 01:09:58,360 --> 01:10:01,071 when I came across the case of the Kowalski family. 1050 01:10:02,031 --> 01:10:05,784 It just was so tragic, so complicated. 1051 01:10:05,868 --> 01:10:09,371 And when I learned that Beata Kowalski had actually taken her life, 1052 01:10:09,455 --> 01:10:11,832 I mean, it just hit me like a wall of bricks. 1053 01:10:11,916 --> 01:10:15,836 I knew that I had to take the story on, and I knew that I had to get it right. 1054 01:10:16,337 --> 01:10:17,796 So I started digging. 1055 01:10:18,714 --> 01:10:21,842 Part of my investigation was talking to the Kowalskis. 1056 01:10:21,926 --> 01:10:24,720 I also interviewed Dr. Sally Smith over the phone 1057 01:10:24,803 --> 01:10:26,680 to get her side of the story, 1058 01:10:26,764 --> 01:10:31,060 and Dr. Smith was extremely firm that she had done nothing wrong. 1059 01:10:31,894 --> 01:10:34,772 But what I found out was that Dr. Smith's opinions 1060 01:10:34,855 --> 01:10:38,150 differed a lot from other doctors, including Maya's care team, 1061 01:10:38,234 --> 01:10:40,611 Doctor Kirkpatrick and Dr. Hanna. 1062 01:10:41,445 --> 01:10:46,283 It was January 2019 when I hit publish on that piece about the Kowalski family, 1063 01:10:47,701 --> 01:10:50,704 and I kind of thought I'd move on to the next thing. 1064 01:10:51,455 --> 01:10:53,874 But that was when the calls started coming in 1065 01:10:54,416 --> 01:10:56,252 and the emails started coming in, 1066 01:10:56,335 --> 01:11:00,214 and I realized that this was a lot bigger than just the Kowalskis. 1067 01:11:01,048 --> 01:11:02,341 -Rolling. Take Care of Maya… 1068 01:11:02,424 --> 01:11:04,677 -Ashley interview, take two. -Take Care of Maya… 1069 01:11:04,760 --> 01:11:06,470 Vivianna, take one. 1070 01:11:06,553 --> 01:11:10,349 When I read the article in the Sarasota Herald Tribune, 1071 01:11:10,432 --> 01:11:13,769 I realized it was so much bigger than what we had thought. 1072 01:11:13,852 --> 01:11:14,687 Bye. [clicks tongue] 1073 01:11:14,770 --> 01:11:17,773 The realization that there are so many other people going through it… 1074 01:11:17,856 --> 01:11:20,734 I couldn't believe it. I could not believe it. 1075 01:11:21,235 --> 01:11:24,780 He's having a seizure. His eyes are rolling. He's shaking. 1076 01:11:24,863 --> 01:11:27,241 He's not breathing. He barely has a pulse. 1077 01:11:27,324 --> 01:11:29,034 She started throwing up. 1078 01:11:29,118 --> 01:11:31,537 Then she started getting little bruises. 1079 01:11:31,620 --> 01:11:33,914 I'm rushing to the hospital. 1080 01:11:33,998 --> 01:11:35,249 -We need to call 911. -Call 911. 1081 01:11:35,332 --> 01:11:37,876 We instantly called 911. We did what you're taught to do. 1082 01:11:39,253 --> 01:11:40,587 [Chen] I'm sitting at my desk, 1083 01:11:40,671 --> 01:11:43,799 and I start hearing from more and more families. 1084 01:11:44,383 --> 01:11:48,137 People who had gone to the doctor for help for their kids 1085 01:11:48,220 --> 01:11:50,639 and then became the target of the system. 1086 01:11:50,723 --> 01:11:54,184 They find broken ribs. They find a brain bleed. 1087 01:11:54,268 --> 01:11:56,687 They found old and new brain bleeds. 1088 01:11:56,770 --> 01:12:00,232 And I was like, "What do you mean, like, she has this?" 1089 01:12:00,316 --> 01:12:02,318 "I brought her here for bruises." 1090 01:12:02,401 --> 01:12:04,862 And that's when I met Sally Smith. 1091 01:12:05,446 --> 01:12:07,531 [Chen] They're frantic. They're desperate. 1092 01:12:08,032 --> 01:12:10,993 And one thing that they all had in common was Dr. Sally Smith 1093 01:12:11,076 --> 01:12:13,245 and Johns Hopkins All Children's Hospital. 1094 01:12:13,329 --> 01:12:15,748 [Vivianna] She saw us for less than ten minutes, 1095 01:12:15,831 --> 01:12:19,501 and then my husband was arrested for aggravated child abuse. 1096 01:12:20,210 --> 01:12:24,298 We ended up arrested and imprisoned, and my children were in foster care. 1097 01:12:24,381 --> 01:12:29,136 [Chen] These families walked in, hoping for help for their child, 1098 01:12:29,219 --> 01:12:31,055 and some of them walked out in handcuffs. 1099 01:12:49,948 --> 01:12:51,367 [Maya] At the hospital, 1100 01:12:52,868 --> 01:12:55,704 the way they spoke about my mom, 1101 01:12:56,747 --> 01:12:58,374 it was pretty messed up. 1102 01:13:09,593 --> 01:13:13,806 They would try to convince me that my mom was doing things to me. 1103 01:13:15,349 --> 01:13:18,227 That she was making my CRPS up. 1104 01:13:20,729 --> 01:13:22,314 It's complete nonsense. 1105 01:13:23,607 --> 01:13:25,025 I realize that now. 1106 01:13:27,319 --> 01:13:31,448 At first, I was, um… definitely confused, 1107 01:13:31,532 --> 01:13:34,743 and that confusion molded into anger. 1108 01:13:36,787 --> 01:13:40,457 To be in a hospital that's basically keeping you captive 1109 01:13:41,041 --> 01:13:44,128 away from my family, my friends, my school, 1110 01:13:45,504 --> 01:13:48,090 and away from the person you love. 1111 01:13:51,468 --> 01:13:52,845 [sighs] 1112 01:13:55,597 --> 01:13:57,224 Just very frustrating. 1113 01:13:59,309 --> 01:14:00,602 But I kept it in. 1114 01:14:01,895 --> 01:14:03,981 'Cause I was raised by two parents 1115 01:14:04,064 --> 01:14:07,067 who always taught me to be kind and respectful, 1116 01:14:07,151 --> 01:14:08,360 and that's what I did. 1117 01:14:12,573 --> 01:14:13,824 [Jack] You know what? 1118 01:14:15,284 --> 01:14:16,452 We tried to cooperate. 1119 01:14:18,287 --> 01:14:21,248 But nothing changes if you stay quiet. 1120 01:14:22,458 --> 01:14:26,420 And we have to hold Johns Hopkins responsible for what they done. 1121 01:14:28,213 --> 01:14:31,633 We want justice for Mom. 1122 01:14:48,942 --> 01:14:51,653 [Beata] Okay, so the first one was Namenda. 1123 01:14:51,737 --> 01:14:53,322 -And the second one was… -[nurse] Mm-hmm. 1124 01:14:53,405 --> 01:14:55,574 [Beata] He left you a message, and I know he did. 1125 01:14:55,657 --> 01:14:58,744 -And then he sent you email later. -[nurse] All right, Beata-- 1126 01:14:58,827 --> 01:15:01,330 [Beata] The judge allowed her to have a phone. 1127 01:15:01,413 --> 01:15:04,374 -It's in the court order. -[nurse] Beata. Please stop recording me. 1128 01:15:05,834 --> 01:15:08,629 [man] Beata was a nurse, not a lawyer. 1129 01:15:09,379 --> 01:15:12,799 But somehow, she knew what the hospital was doing. 1130 01:15:13,717 --> 01:15:15,677 She documented everything. 1131 01:15:16,428 --> 01:15:19,515 Every email, every writing, every phone call, 1132 01:15:20,349 --> 01:15:23,393 and all of that documentation is the reason we can sue. 1133 01:15:24,353 --> 01:15:27,147 Because when they come in and tell us a falsehood, 1134 01:15:27,231 --> 01:15:29,149 we have the truth. 1135 01:15:30,817 --> 01:15:34,696 [woman] When I heard those phone calls, as a mother, I got it. 1136 01:15:35,364 --> 01:15:38,325 I got the frustration of Beata. 1137 01:15:39,284 --> 01:15:41,036 It was like a pressure cooker. You know? 1138 01:15:41,119 --> 01:15:43,497 I… I could feel that just kind of building up. 1139 01:15:44,581 --> 01:15:47,292 As lawyers, we're trained to separate the emotion out of it, 1140 01:15:48,001 --> 01:15:49,628 but you can't help yourself. 1141 01:15:49,711 --> 01:15:52,673 You think about "What if it was my child, 1142 01:15:53,298 --> 01:15:56,134 and she's got something that's causing extreme pain, 1143 01:15:56,718 --> 01:15:59,555 and then you find doctors that say there's hope?" 1144 01:16:00,847 --> 01:16:03,350 That was all just stripped away instantly. 1145 01:16:04,101 --> 01:16:05,477 Most families give up. 1146 01:16:06,770 --> 01:16:08,272 Not because they want to, 1147 01:16:08,355 --> 01:16:13,277 but because they're taking on a huge corporation and the state. 1148 01:16:14,778 --> 01:16:20,075 So most parents don't have the ability, the funds, the fortitude, or the counsel 1149 01:16:20,158 --> 01:16:23,370 to fight back, so they enter into a case plan. 1150 01:16:23,453 --> 01:16:29,710 My attorney advised that it'd be safest and quickest to take the case plan. 1151 01:16:30,919 --> 01:16:34,631 [Jennifer] A case plan is where a parent chooses to go along 1152 01:16:34,715 --> 01:16:38,093 with whatever the state requires of them. 1153 01:16:38,719 --> 01:16:42,014 A checklist, if you will, to get your child back. 1154 01:16:45,559 --> 01:16:48,854 It's just simpler to go through the case plan 1155 01:16:48,937 --> 01:16:50,063 even if you're innocent. 1156 01:16:50,147 --> 01:16:53,483 However, if you go ahead and sign the case plan, 1157 01:16:53,567 --> 01:16:56,069 you're releasing the hospital from liability. 1158 01:16:57,279 --> 01:16:59,781 But the Kowalskis didn't take a case plan. 1159 01:16:59,865 --> 01:17:01,742 Beata wasn't gonna do that. 1160 01:17:01,825 --> 01:17:05,662 She knew she was right, and she was gonna fight. 1161 01:17:05,746 --> 01:17:08,248 [Jennifer] I don't know that they were looking to the future, 1162 01:17:08,332 --> 01:17:10,626 but I do know that set them apart. 1163 01:17:10,709 --> 01:17:14,338 If she hadn't taken such an aggressive approach, we couldn't have sued. 1164 01:17:14,921 --> 01:17:16,965 So we're going after the hospital, 1165 01:17:17,049 --> 01:17:19,926 Dr. Sally Smith, and Suncoast, 1166 01:17:20,010 --> 01:17:23,347 based on what's known as "infliction of emotional distress," 1167 01:17:23,430 --> 01:17:25,849 meaning that they knew what they were doing, 1168 01:17:26,350 --> 01:17:29,311 pushing her towards some form of harm. 1169 01:17:30,937 --> 01:17:33,565 So they should pay punitive damages, 1170 01:17:33,649 --> 01:17:37,277 which are designed to punish them for their wrongdoing. 1171 01:17:41,406 --> 01:17:45,118 [Vivianna] This young girl, Maya, represents hope for all of us 1172 01:17:45,786 --> 01:17:49,206 in bringing Sally Smith down, bringing the system down. 1173 01:17:50,499 --> 01:17:55,045 [Jennifer] They want their voice heard, they want to be able to tell their story, 1174 01:17:55,128 --> 01:18:00,967 and they want the hospital and Dr. Sally Smith to actually hear them. 1175 01:18:02,260 --> 01:18:04,888 [Maya] I want people to see that I wasn't lying, 1176 01:18:04,971 --> 01:18:08,642 and that other families who are going through similar situations, 1177 01:18:08,725 --> 01:18:10,477 they're not lying either. 1178 01:18:11,978 --> 01:18:13,355 I have CRPS. 1179 01:18:13,855 --> 01:18:15,732 My mom was not making me sick. 1180 01:18:17,192 --> 01:18:19,695 I just wish people would believe me. 1181 01:18:21,863 --> 01:18:25,158 [bailiff] Miss Kowalski, would you be so kind as to raise your right hand? 1182 01:18:25,242 --> 01:18:27,828 Do you solemnly swear the testimony you are about to give 1183 01:18:27,911 --> 01:18:31,331 will be the truth, the whole truth, and nothing but the truth? 1184 01:18:31,415 --> 01:18:32,249 Yes. 1185 01:18:32,332 --> 01:18:37,379 [lawyer 1] We're on the record. The time is 9:57 on August 28, 2020. 1186 01:18:37,462 --> 01:18:40,173 [court clerk] This marks the beginning of the deposition of Kyle Kowalski. 1187 01:18:40,257 --> 01:18:45,178 We are on the record. October 15th, 2021, at 9:01 a.m. 1188 01:18:45,262 --> 01:18:47,305 [Jack] It's been five years now 1189 01:18:47,389 --> 01:18:51,101 since we decided to file a lawsuit against Johns Hopkins. 1190 01:18:53,478 --> 01:18:57,023 We're not sleeping at night. We're thinking of it all the time. 1191 01:18:57,107 --> 01:18:59,568 [lawyer 1] Time is 2:41. We're going off the record. 1192 01:19:00,485 --> 01:19:02,154 It's absolutely brutal. 1193 01:19:02,237 --> 01:19:03,905 [lawyer 2] Did you look for a second opinion 1194 01:19:03,989 --> 01:19:06,450 for someone who could perform a ketamine coma procedure? 1195 01:19:06,533 --> 01:19:08,243 That, I'm unaware of. 1196 01:19:08,326 --> 01:19:11,872 Unfortunately, the person that would know that answer is dead. 1197 01:19:12,706 --> 01:19:15,167 [lawyer 2] By that, you mean your late wife, Beata Kowalski? 1198 01:19:15,250 --> 01:19:16,084 That is correct. 1199 01:19:16,877 --> 01:19:20,464 [lawyer 2] You indicate in paragraph six of your affidavit that you, quote, 1200 01:19:20,547 --> 01:19:23,133 "refuse to go to doctors or hospitals." 1201 01:19:23,216 --> 01:19:25,177 -Do you see that? -Yeah. 1202 01:19:25,260 --> 01:19:28,346 [lawyer 2] Why is it that you refuse to go to doctors or hospitals? 1203 01:19:29,431 --> 01:19:32,225 I feel like it's pretty self-explanatory. 1204 01:19:32,309 --> 01:19:34,519 The last time I was in a hospital, 1205 01:19:34,603 --> 01:19:37,439 I was medically abducted for three months. 1206 01:19:38,732 --> 01:19:41,401 I just can't go to doctors. I hate going to doctors. 1207 01:19:41,485 --> 01:19:44,070 I hate going to hospitals. 1208 01:19:45,030 --> 01:19:45,906 [lawyer 2] Okay. 1209 01:19:45,989 --> 01:19:50,619 Next time you do a depo on my daughter, could you use a different tactic? 1210 01:19:51,286 --> 01:19:54,748 She takes it hard, and you gotta be careful. 1211 01:19:56,249 --> 01:19:58,752 -Especially with a young child. -[lawyer 2] Mm-hmm. 1212 01:19:58,835 --> 01:19:59,878 [crying] I remember 1213 01:20:00,879 --> 01:20:03,340 hearing the nurses talk about me. 1214 01:20:06,551 --> 01:20:09,638 "She's a liar. She's a liar. Don't believe anything she said." 1215 01:20:09,721 --> 01:20:12,432 "She's not in pain." That's what they would say to me. 1216 01:20:12,516 --> 01:20:14,601 That's what they would say to people! 1217 01:20:14,684 --> 01:20:18,188 You have no clue how traumatic that was for me. 1218 01:20:18,271 --> 01:20:22,108 You have the audacity to ask me why I'm afraid of hospitals? 1219 01:20:22,651 --> 01:20:25,779 Are you insane? Are you insane? 1220 01:20:26,655 --> 01:20:30,200 My mom died, and I will never get to see her again! 1221 01:20:30,700 --> 01:20:31,701 Ever! 1222 01:20:33,912 --> 01:20:36,915 I have to go to school, and girls talk about 1223 01:20:36,998 --> 01:20:39,501 how they went on shopping trips with their mom. 1224 01:20:40,168 --> 01:20:42,712 How they get to, you know, have little things. 1225 01:20:43,797 --> 01:20:48,260 You know how hard it is for me to sit and, like, listen to that? 1226 01:20:48,969 --> 01:20:50,554 Are you serious? 1227 01:20:51,721 --> 01:20:53,765 You traumatized me! 1228 01:20:57,227 --> 01:20:58,770 [lawyer 2] You need to take a break, Maya? 1229 01:20:58,854 --> 01:20:59,938 -[frustratedly] Yeah. 1230 01:21:00,021 --> 01:21:01,815 [lawyer 2] Okay. We can go off the record. 1231 01:21:20,792 --> 01:21:24,462 [Gregory] We're in the final stages of preparations to get us to trial. 1232 01:21:25,380 --> 01:21:27,757 So people are staying up late. 1233 01:21:27,841 --> 01:21:29,301 There's paper flying everywhere. 1234 01:21:29,384 --> 01:21:32,554 We're getting last-minute motions filed. We're flying experts in. 1235 01:21:32,637 --> 01:21:35,849 They all come down to see Dr. Hanna and get ketamine treatments? 1236 01:21:36,474 --> 01:21:40,520 [Gregory] And recently, we started digging into the codes 1237 01:21:40,604 --> 01:21:44,566 that Johns Hopkins used for billing the insurance companies, 1238 01:21:45,358 --> 01:21:50,906 and we found out that they billed them for three months' treatment for CRPS. 1239 01:21:51,531 --> 01:21:54,159 The exact same illness 1240 01:21:54,242 --> 01:21:59,080 Sally Smith was telling the courts she did not have 1241 01:21:59,164 --> 01:22:01,124 and that the parents had made up. 1242 01:22:01,791 --> 01:22:03,001 -Really? -Yeah. 1243 01:22:03,084 --> 01:22:05,170 I think the other side's gonna have a hard time. 1244 01:22:05,253 --> 01:22:09,007 I think that's why they have been fighting tooth and nail 1245 01:22:09,090 --> 01:22:11,009 to play keep away from the jury. 1246 01:22:12,886 --> 01:22:17,223 And we just found out that the hospital hired a former judge 1247 01:22:17,307 --> 01:22:21,102 from the Second District Court of Appeals that sits above our trial court, 1248 01:22:21,853 --> 01:22:26,358 so Johns Hopkins will have incredibly powerful legal representation. 1249 01:22:27,817 --> 01:22:29,819 I do. I think… 1250 01:22:30,528 --> 01:22:32,572 [Gregory] April 4th, we pick a jury, 1251 01:22:33,949 --> 01:22:35,575 and then we'll be in trial. 1252 01:22:41,164 --> 01:22:42,832 -[computer chimes] -[Gregory] Hi, May. 1253 01:22:42,916 --> 01:22:44,668 -[chuckles] -[Gregory] Where's Kyle? 1254 01:22:45,418 --> 01:22:46,795 -There he is. -Hello. 1255 01:22:46,878 --> 01:22:48,296 -How's my man? -Good. 1256 01:22:50,548 --> 01:22:53,218 So, yesterday morning, 1257 01:22:53,301 --> 01:22:56,388 we got an order telling us we could go to trial. 1258 01:22:57,389 --> 01:22:58,932 And we were ecstatic. 1259 01:22:59,516 --> 01:23:01,726 Then, around 1:30, 1260 01:23:01,810 --> 01:23:05,397 we get the second order from the Second District Court of Appeals 1261 01:23:05,480 --> 01:23:06,898 to stay the trial. 1262 01:23:08,191 --> 01:23:09,150 So, 1263 01:23:10,485 --> 01:23:12,654 we're not gonna go to trial Monday. 1264 01:23:17,200 --> 01:23:18,994 Are you gonna be okay, May? 1265 01:23:20,662 --> 01:23:22,414 -I guess. -We're gonna get 'em. 1266 01:23:22,497 --> 01:23:24,374 -[scoffs] But-- -We got 'em. 1267 01:23:24,457 --> 01:23:25,542 -It's just a… -[Gregory] Hey. 1268 01:23:25,625 --> 01:23:27,627 -…little more time. -[Gregory] Maya. 1269 01:23:27,711 --> 01:23:29,504 That's what we've been told for how many years? 1270 01:23:29,587 --> 01:23:31,673 -Maya, listen. -I can tell you this. 1271 01:23:31,756 --> 01:23:35,093 They don't have a case at trial 1272 01:23:35,719 --> 01:23:40,015 because they're fighting so hard to keep us out of the courtroom. 1273 01:23:40,932 --> 01:23:43,184 The last thing they want on the planet 1274 01:23:43,268 --> 01:23:48,064 is seeing the three Kowalskis on that witness stand telling their story. 1275 01:23:49,232 --> 01:23:52,902 It's perseverance that wins the day here. 1276 01:24:23,183 --> 01:24:25,935 [Kyle] They're scared for us being in the courtroom. 1277 01:24:26,436 --> 01:24:30,940 They're just doing everything they could to keep us out and keep delaying it. 1278 01:24:32,942 --> 01:24:35,987 I just don't want us as a family to feel defeated. 1279 01:24:37,113 --> 01:24:38,323 Losing my mom, 1280 01:24:39,074 --> 01:24:42,494 and then all the stress that's put on my dad, 1281 01:24:43,036 --> 01:24:47,582 trying to manage having kids, and then going through all this. 1282 01:24:50,460 --> 01:24:54,714 I just don't want us to live the rest of our lives knowing that. 1283 01:24:55,590 --> 01:24:56,925 [director] Knowing what? 1284 01:24:57,967 --> 01:24:59,177 That we lost. 1285 01:25:02,555 --> 01:25:07,435 [Chen] Even when cases had been dropped or overturned, 1286 01:25:07,519 --> 01:25:08,728 the damage had been done. 1287 01:25:10,188 --> 01:25:11,898 Kids had been traumatized, 1288 01:25:12,398 --> 01:25:15,652 parents had their reputations destroyed. 1289 01:25:16,611 --> 01:25:19,989 [Ashley] Even though my charges were dropped, and I was found of no wrongdoing, 1290 01:25:20,073 --> 01:25:23,910 I had people messaging me, telling me that I should kill myself, 1291 01:25:23,993 --> 01:25:26,454 that my children deserved to be in foster care, 1292 01:25:26,538 --> 01:25:28,248 and they hoped I never got them back. 1293 01:25:30,458 --> 01:25:34,003 [Carly] They tried to divide her father and I. 1294 01:25:34,504 --> 01:25:38,007 They wanted us to argue. They wanted us to blame each other. 1295 01:25:38,591 --> 01:25:40,426 I lost a lot of friends. 1296 01:25:40,510 --> 01:25:43,388 I lost my home, my job, 1297 01:25:43,471 --> 01:25:45,056 my daughter. 1298 01:25:45,140 --> 01:25:50,436 I've learned to try not to think about it because, you know, she's home now, and… 1299 01:25:53,523 --> 01:25:54,399 Sorry. 1300 01:25:56,568 --> 01:25:57,735 Nobody ever pays you back 1301 01:25:57,819 --> 01:26:00,780 for the money that you spent on lawyers and experts and attorneys, 1302 01:26:00,864 --> 01:26:04,868 and you go into debt. You know, we almost filed for bankruptcy. 1303 01:26:04,951 --> 01:26:06,161 It's just crazy. 1304 01:26:08,079 --> 01:26:13,585 [John] I spent over 300 days in jail before they finally dropped the charges. 1305 01:26:15,461 --> 01:26:17,547 They ruined my life because of it. 1306 01:26:19,424 --> 01:26:22,302 [Ashley] It's just a very scary feeling 1307 01:26:22,886 --> 01:26:26,806 to know that somebody's words can be so life changing. 1308 01:26:27,307 --> 01:26:30,185 There's a lot of pressure on child-abuse pediatricians 1309 01:26:30,268 --> 01:26:31,686 to be able to say definitively 1310 01:26:31,769 --> 01:26:34,272 that this was abuse, or that this was an accident. 1311 01:26:34,355 --> 01:26:37,066 But these kinds of cases are way too complicated 1312 01:26:37,150 --> 01:26:38,318 to be black and white. 1313 01:26:39,027 --> 01:26:41,321 Often they're in a gray area. 1314 01:26:42,989 --> 01:26:47,577 So when there is just one person whose word is like gold, 1315 01:26:47,660 --> 01:26:52,207 opinions, interpretation, perspectives, bias starts to play in 1316 01:26:52,749 --> 01:26:56,044 and starts to play a huge, huge role, and it can be a dangerous one. 1317 01:26:59,380 --> 01:27:03,426 [Vivianna] Since 2016, I've been writing Sally Smith a Christmas card 1318 01:27:03,509 --> 01:27:05,887 with our family's picture on it 1319 01:27:05,970 --> 01:27:10,683 so she's reminded of a family that she tried to break apart but didn't. 1320 01:27:12,393 --> 01:27:15,563 She wrote me back one year, which I was very surprised, 1321 01:27:16,064 --> 01:27:17,273 and this is what she said. 1322 01:27:17,357 --> 01:27:20,526 "Dear Mr. and Mrs. Graham, I received your card again 1323 01:27:20,610 --> 01:27:23,154 and just wanted to say I'm sorry you're still so angry 1324 01:27:23,238 --> 01:27:26,407 about my part in the investigation regarding your son." 1325 01:27:27,158 --> 01:27:29,035 "There are definitely a disturbing number 1326 01:27:29,118 --> 01:27:32,121 of abused and neglected children in Pinellas County." 1327 01:27:32,205 --> 01:27:35,917 "I understand you feel very strongly that your son wasn't one of them." 1328 01:27:36,918 --> 01:27:38,586 "You mentioned in your note 1329 01:27:38,670 --> 01:27:41,422 that Tristan was found to have another diagnosis, 1330 01:27:41,506 --> 01:27:42,757 and if you have a chance, 1331 01:27:42,840 --> 01:27:45,385 I would very much like to hear what that was 1332 01:27:45,468 --> 01:27:48,054 so I can consider it appropriately next time." 1333 01:27:48,972 --> 01:27:52,767 "I try very hard to be thorough and get it right." 1334 01:27:53,685 --> 01:27:55,019 "But perhaps…" 1335 01:27:55,103 --> 01:27:56,229 [clears throat] 1336 01:27:56,312 --> 01:28:00,066 "…I need to be careful to consider the 'gray areas.'" 1337 01:28:02,735 --> 01:28:04,529 If there's gray areas, 1338 01:28:05,530 --> 01:28:08,283 this is just based on her… her opinion. 1339 01:28:09,117 --> 01:28:10,493 [sighs] 1340 01:28:10,576 --> 01:28:12,412 [Ashley] There's been so many cases, 1341 01:28:12,495 --> 01:28:16,291 so many families that have been affected and wrongly accused. 1342 01:28:17,709 --> 01:28:23,047 How many times are you allowed to be wrong and destroy lives before they say, 1343 01:28:23,131 --> 01:28:26,092 "Okay, that's enough. It's time that we change some things"? 1344 01:28:26,175 --> 01:28:27,969 What is it truly gonna take? 1345 01:28:42,775 --> 01:28:43,985 [dog whimpers] 1346 01:28:44,068 --> 01:28:45,403 Shh. 1347 01:28:47,322 --> 01:28:48,281 It's okay. 1348 01:28:49,365 --> 01:28:50,867 Yeah, it's okay. 1349 01:28:52,076 --> 01:28:53,244 [whines] 1350 01:28:56,414 --> 01:28:58,833 Courtroom H. [sighs] 1351 01:29:01,794 --> 01:29:05,340 They stopped us from having our jury selection on Monday. 1352 01:29:06,716 --> 01:29:08,468 It is now Tuesday, 1353 01:29:09,177 --> 01:29:14,640 and we have one more chance to go in front of the judge and, uh… 1354 01:29:16,642 --> 01:29:19,604 see if we could continue to have this trial, 1355 01:29:19,687 --> 01:29:22,065 starting tomorrow with the jury selection. 1356 01:29:24,067 --> 01:29:27,362 If not, we'd probably have to live with this for another year. 1357 01:29:29,697 --> 01:29:33,326 We just gotta get off this ride. It's a horrible ride. 1358 01:29:43,461 --> 01:29:49,967 [Maya] Last night, I wrote a statement that I'd like to tell the court today, 1359 01:29:50,718 --> 01:29:56,140 and I'm hoping that they could finally hear me for once. 1360 01:29:58,393 --> 01:30:01,521 I want them to know my mom was a good person. 1361 01:30:03,314 --> 01:30:07,527 I want them to know how strong she was and how determined she was. 1362 01:30:12,031 --> 01:30:14,450 I think I'm mainly going there for her. 1363 01:30:17,328 --> 01:30:19,664 [Jennifer] This trial means everything to them, 1364 01:30:19,747 --> 01:30:22,333 because, without this, there's no closure. 1365 01:30:24,252 --> 01:30:26,421 They need the world to hear their story. 1366 01:30:27,547 --> 01:30:31,801 It doesn't mean you fix it, but at least they can finally… move on. 1367 01:30:34,345 --> 01:30:37,682 [bailiff] All rise. This 12th Judicial Circuit Court in and for Sarasota County 1368 01:30:37,765 --> 01:30:38,766 is now in session. 1369 01:30:38,850 --> 01:30:40,643 The Honorable Hunter Carroll presiding. 1370 01:30:41,269 --> 01:30:42,895 Please be seated, everyone. 1371 01:30:45,273 --> 01:30:50,361 I moved 2,000 cases to make this trial happen, 1372 01:30:50,445 --> 01:30:55,158 but we are now getting past the window of opportunity 1373 01:30:55,241 --> 01:30:56,325 to start the case. 1374 01:30:56,409 --> 01:30:58,119 That… That's just where I'm at. 1375 01:30:58,619 --> 01:31:00,121 I understand that, Judge, 1376 01:31:00,204 --> 01:31:02,582 but there's extenuating circumstances here, 1377 01:31:02,665 --> 01:31:05,334 and I have the ability to cut the case down 1378 01:31:05,418 --> 01:31:09,255 to the bare minimum to get the case done. 1379 01:31:09,338 --> 01:31:12,717 [Carroll] How do you get around the Second District Court of Appeal 1380 01:31:12,800 --> 01:31:14,135 having stayed the trial? 1381 01:31:14,218 --> 01:31:18,347 I mean, I… I can't say I can do jury selection but not the trial. 1382 01:31:19,348 --> 01:31:20,475 [Gregory] Uh… 1383 01:31:20,558 --> 01:31:22,685 I don't see any limitation 1384 01:31:22,768 --> 01:31:26,022 in the Court's jurisdiction to pick a jury, 1385 01:31:26,105 --> 01:31:29,442 and I will do absolutely anything that's necessary 1386 01:31:29,525 --> 01:31:32,236 to get the case tried within the requisite period. 1387 01:31:33,529 --> 01:31:36,282 Mr. Altenbernd, any further response? 1388 01:31:36,365 --> 01:31:38,075 I just don't see how it's feasible. 1389 01:31:39,577 --> 01:31:41,329 [Carroll] I… I'm at the point, folks, 1390 01:31:41,412 --> 01:31:44,665 that I feel like there's just too much uncertainty at this point, 1391 01:31:44,749 --> 01:31:49,545 so at this point, I'm going to remove the case from the trial docket. 1392 01:31:49,629 --> 01:31:54,258 Uh, I will enter an order staying proceedings in the trial court, 1393 01:31:54,342 --> 01:31:58,346 uh, until the earlier of May 4th, 2022, 1394 01:31:58,429 --> 01:32:00,223 or further order of the Court. 1395 01:32:01,933 --> 01:32:04,602 Is there anything else, uh, we need to discuss today? 1396 01:32:04,685 --> 01:32:05,937 Yes, Your Honor. 1397 01:32:06,020 --> 01:32:07,396 The Kowalskis are here, 1398 01:32:07,480 --> 01:32:11,484 and they just wanted to speak to the court if that's all right. 1399 01:32:11,567 --> 01:32:14,946 [Carroll] Well, it's a little unusual. Mr. Hunter, what's your thought? 1400 01:32:15,029 --> 01:32:18,032 I don't know where this is going. I don't think it's a good idea. 1401 01:32:18,115 --> 01:32:22,370 [Carroll] Um… I… I think it's probably best to just leave it at that. 1402 01:32:22,954 --> 01:32:26,749 So… with that, we'll be in recess. I will get the orders out. 1403 01:32:26,832 --> 01:32:28,543 [Gregory] Okay, thank you. 1404 01:32:28,626 --> 01:32:31,254 -[Carroll] Okay. Thank you all very much. -[Gregory] Your Honor. 1405 01:32:32,838 --> 01:32:34,840 [bailiff] All rise. Court is in recess. 1406 01:32:49,021 --> 01:32:50,731 Okay… [sobs] 1407 01:32:54,527 --> 01:32:56,237 [Jack] It's okay. It's all right. 1408 01:32:58,114 --> 01:32:59,031 I can't… 1409 01:32:59,615 --> 01:33:01,284 [Maya sobbing] 1410 01:33:29,228 --> 01:33:30,771 [Maya] Can I sit in the front? 1411 01:33:30,855 --> 01:33:31,731 [Jack] Yeah. 1412 01:33:34,108 --> 01:33:35,651 -[engine starts] -[Maya crying] 1413 01:33:38,654 --> 01:33:40,197 [Jack] Heartless bastards. 1414 01:33:42,783 --> 01:33:45,286 They're just gonna continue to beat us up. 1415 01:33:48,289 --> 01:33:49,665 They don't give a shit. 1416 01:33:49,749 --> 01:33:50,625 So… 1417 01:33:50,708 --> 01:33:53,753 [Maya] Please stop talking. I don't wanna hear it anymore. 1418 01:34:00,176 --> 01:34:01,886 [door closes] 1419 01:34:09,435 --> 01:34:10,686 [door slams] 1420 01:34:15,149 --> 01:34:17,151 -[Kyle sobs] -[door slams] 1421 01:34:23,741 --> 01:34:24,659 [Jack] Come here. 1422 01:34:25,242 --> 01:34:28,454 [Kyle, crying] It's not fair, Dad. It's never gonna end. 1423 01:34:28,537 --> 01:34:30,081 It's never gonna end! 1424 01:34:32,083 --> 01:34:33,793 It's never gonna end, Dad. 1425 01:34:34,460 --> 01:34:35,503 [sobbing] 1426 01:34:36,128 --> 01:34:37,505 Nothing works. 1427 01:34:38,798 --> 01:34:40,925 I pray every single night. 1428 01:34:41,008 --> 01:34:43,302 Nothing. It doesn't help. 1429 01:34:49,183 --> 01:34:50,601 [sighs] 1430 01:34:51,352 --> 01:34:52,978 This has not been a good day. 1431 01:34:53,062 --> 01:34:55,022 [Jack] The kids are totally crushed. 1432 01:34:58,275 --> 01:34:59,443 I'm crushed. 1433 01:35:01,737 --> 01:35:02,947 It wears you out. 1434 01:35:05,032 --> 01:35:07,493 But if we give up and shut our mouths, 1435 01:35:08,744 --> 01:35:10,371 it's gonna happen again. 1436 01:35:10,871 --> 01:35:12,915 It's just a matter of time. 1437 01:35:16,293 --> 01:35:20,589 [Chen] This doesn't just end with the Kowalskis, or just in Florida. 1438 01:35:21,549 --> 01:35:23,217 Families all across the country 1439 01:35:23,300 --> 01:35:26,971 are coming forward with stories about being accused of child abuse. 1440 01:35:29,223 --> 01:35:31,892 Some families are stuck in the legal system for years, 1441 01:35:31,976 --> 01:35:33,769 battling these accusations. 1442 01:35:34,854 --> 01:35:37,314 Some parents are in prison to this day. 1443 01:35:40,234 --> 01:35:44,363 The Kowalski family, they're standing up for these parents 1444 01:35:45,823 --> 01:35:48,743 and trying to bring awareness to this issue 1445 01:35:48,826 --> 01:35:54,540 that has been shrouded in so much shame and secrecy. 1446 01:35:59,628 --> 01:36:00,755 [director] Speeding. 1447 01:36:01,380 --> 01:36:04,133 The windows, and everything's closed out here. 1448 01:36:04,216 --> 01:36:05,634 [indistinct voices speaking] 1449 01:36:05,718 --> 01:36:08,429 [Jack] We want Beata's voice to be heard. 1450 01:36:11,724 --> 01:36:13,267 [director] We good on focus? 1451 01:36:13,350 --> 01:36:16,187 [Jack] We want Maya's voice to be heard. 1452 01:36:16,270 --> 01:36:18,189 [crew speaking indistinctly] 1453 01:36:18,272 --> 01:36:19,732 [crew member] Yep. Great. Thank you. 1454 01:36:19,815 --> 01:36:21,066 [director] Maya, are you okay? 1455 01:36:21,150 --> 01:36:21,984 You okay? 1456 01:36:30,659 --> 01:36:32,036 I want to speak. 1457 01:36:33,704 --> 01:36:36,832 But I just… I can't without crying. 1458 01:36:39,168 --> 01:36:40,544 [softly] I hate crying. 1459 01:36:44,632 --> 01:36:46,801 [Beata, over recording] It's okay if you have to cry. 1460 01:36:47,593 --> 01:36:49,261 It's… It's normal. 1461 01:36:50,471 --> 01:36:54,141 You have to speak for yourself now because Mommy is not there. 1462 01:36:56,894 --> 01:37:00,189 Just close your eyes and pretend I'm there. 1463 01:37:03,734 --> 01:37:06,987 I know it's not the same, but just be strong. 1464 01:37:11,325 --> 01:37:15,996 [young Maya] If you're watching this, Mommy, I want you to know that I love you. 1465 01:37:17,122 --> 01:37:18,457 Send you kisses. 1466 01:37:19,500 --> 01:37:21,001 You'll know it's from me. 1467 01:37:40,104 --> 01:37:41,146 "Dear Mom." 1468 01:37:43,399 --> 01:37:46,569 "Saying that life has felt fucked up since you left 1469 01:37:46,652 --> 01:37:49,613 is probably the biggest understatement I could make." 1470 01:37:51,156 --> 01:37:54,743 "Dad, Kyle, and I have all had to adapt to your absence." 1471 01:37:57,788 --> 01:37:59,415 "Dad distracts himself 1472 01:37:59,498 --> 01:38:01,917 by helping the neighbors with painting projects." 1473 01:38:03,502 --> 01:38:07,256 "Kyle does his best to escape by fishing for hours." 1474 01:38:09,133 --> 01:38:13,345 "When pouring all my energy into my schoolwork got to be too exhausting, 1475 01:38:13,429 --> 01:38:16,932 I started to book every second of my free time with friends, 1476 01:38:17,433 --> 01:38:20,102 outside of the house and away from reminders." 1477 01:38:23,856 --> 01:38:26,150 "But as soon as we step foot into our home, 1478 01:38:26,859 --> 01:38:28,819 we are brought back to reality." 1479 01:38:30,571 --> 01:38:31,614 "We miss you." 1480 01:38:33,824 --> 01:38:34,867 "I miss you." 1481 01:38:36,535 --> 01:38:39,663 "For five years, we have been promised our trial." 1482 01:38:40,372 --> 01:38:42,917 "Yet it seems that the closer we get to a set date, 1483 01:38:43,000 --> 01:38:44,668 the further it gets pushed." 1484 01:38:46,462 --> 01:38:49,340 "Even though we are discouraged, we will not settle." 1485 01:38:51,008 --> 01:38:52,176 "We will fight for you, 1486 01:38:52,259 --> 01:38:55,387 and we will fight for the thousands of other families 1487 01:38:55,471 --> 01:38:59,016 who find themselves in the same unfortunate circumstances." 1488 01:39:03,354 --> 01:39:05,981 "Our day will come. I love you." 1489 01:39:11,028 --> 01:39:12,279 [Beata, over recording] I love you too. 1490 01:39:13,697 --> 01:39:14,907 I love you too. 1491 01:39:18,911 --> 01:39:20,871 [Jack] We build a family with love. 1492 01:39:22,873 --> 01:39:24,124 Honesty. 1493 01:39:27,169 --> 01:39:28,045 Trust. 1494 01:39:34,343 --> 01:39:38,555 We, as parents, try to do the best we can for our children. 1495 01:39:41,767 --> 01:39:43,435 You do everything for them. 1496 01:39:47,940 --> 01:39:49,900 That's what Beata and I did. 1497 01:41:44,556 --> 01:41:48,227 So our son Leo was born with a rare genetic disorder. 1498 01:41:48,310 --> 01:41:51,688 I noticed that something was wrong with his right leg. 1499 01:41:51,772 --> 01:41:55,317 She was crying and moving her arm in a weird way when we picked her up. 1500 01:41:55,400 --> 01:41:59,988 DHS called and said, "You have to bring 'em in to our doctor." 1501 01:42:00,072 --> 01:42:04,701 We went to the emergency room, and they did an X-ray on her. 1502 01:42:04,785 --> 01:42:06,995 The child-abuse pediatrician came in 1503 01:42:07,079 --> 01:42:11,959 and said there was no other explanation other than abusive head trauma. 1504 01:42:12,042 --> 01:42:14,044 They never looked into his medical history. 1505 01:42:14,128 --> 01:42:17,756 Never did any type of due diligence to see what had been going on. 1506 01:42:17,840 --> 01:42:21,677 And I said, "Can this be something else, such as a medical condition 1507 01:42:21,760 --> 01:42:24,012 because my son has never been hurt in any way?" 1508 01:42:24,096 --> 01:42:26,640 And he said, "Yes, but since he's a baby and can't talk, 1509 01:42:26,723 --> 01:42:28,684 we're gonna go with abuse," and walked away. 1510 01:42:28,767 --> 01:42:32,729 I thought I was doing the right thing by taking my child to the hospital, 1511 01:42:32,813 --> 01:42:37,151 and I honestly had no idea what the consequences could be. 1512 01:42:37,234 --> 01:42:40,404 We went in there with two babies and left with none. 1513 01:42:40,487 --> 01:42:42,906 I spent 15 years in prison. 1514 01:42:42,990 --> 01:42:45,284 My father, he was sentenced to prison, 1515 01:42:45,367 --> 01:42:48,287 and he's been there for 26 years. 1516 01:42:48,370 --> 01:42:51,957 It's not "You're innocent until proven guilty." 1517 01:42:52,040 --> 01:42:55,043 It's "You're guilty until you prove your own innocence." 1518 01:42:55,127 --> 01:42:58,672 I just cannot even believe that this is the actual system 1519 01:42:58,755 --> 01:43:00,799 that is set in place to protect children. 1520 01:43:00,883 --> 01:43:03,468 We'd never thought this ever would have happened to us. 1521 01:43:03,552 --> 01:43:06,054 But this can, in fact, happen to anyone at any time. 1522 01:43:06,138 --> 01:43:09,933 The trauma, like, it's… it's forever. 1523 01:43:12,811 --> 01:43:13,729 Yeah.