好好照顾玛雅：虐儿案罗生门 Take Care of Maya(2023)(EN)Subtitles
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1 00:00:06 This is oneof the most screwed-up parts
2 00:00:09 of the United States systemof the most screwed-up parts
3 00:00:16 It's unethicalof the most screwed-up parts
4 00:00:22 Parents have no rights.Parents have no rights.
5 00:00:29 I know it would've been kinderfor them to shoot you
6 00:00:32 than to take your child away.for them to shoot you
7 00:00:37 Whyfor them to shoot you
8 00:00:40 This is screwed up.for them to shoot you
9 00:00:42 That is why I'm telling youfor them to shoot you
10 00:00:45 you leave that hospitalfor them to shoot you
11 00:00:50 I'm gonna be frank. I'm appalledat what this child has had to go through.
12 00:00:54 -Monster!-No monsters. Mommy's here.
13 00:00:57 I feel like you hadyour head in the sand.
14 00:00:59 I trusted the doctors.your head in the sand.
15 00:01:01 Do you solemnly swearthe testimony you give is the truth
16 00:01:04 the whole truththe testimony you give is the truth
17 00:01:06 I swear.the testimony you give is the truth
18 00:01:06 I can't help it.I'm fighting for my child.
19 00:01:09 How should I feel?I'm fighting for my child.
20 00:01:11 Oh my God.I'm fighting for my child.
21 00:01:13 Tell me exactly what happened.I'm fighting for my child.
22 00:01:14 You have the audacityto ask me why I'm afraid of hospitals?
23 00:01:19 You traumatized me!to ask me why I'm afraid of hospitals?
24 00:01:20 All rise. This 12thJudicial Circuit Court is now in session.
25 00:01:24 I miss youJudicial Circuit Court is now in session.
26 00:01:28 I'm sure you will see mepretty soon.
27 00:01:31 We just have to be patientpretty soon.
28 00:01:57 We build a family with love.pretty soon.
29 00:02:03 -Honesty.pretty soon.
30 00:02:06 Trust.pretty soon.
31 00:02:11 Wepretty soon.
32 00:02:22 You do everything for them.pretty soon.
33 00:02:27 That's what Beata and I did.pretty soon.
34 00:02:33 But there's nothing that could prepare mepretty soon.
35 00:02:36 for what I went through with my family.pretty soon.
36 00:02:42 Nothing.pretty soon.
37 00:02:44 This marks the beginningof the deposition of Jack Kowalski.
38 00:02:47 We are on the record.October 25th
39 00:02:53 Mr. KowalskiOctober 25th
40 00:02:59 I started falling in lovewith Beata right away.
41 00:03:04 She had something special about her.with Beata right away.
42 00:03:07 It was in her eyes.with Beata right away.
43 00:03:10 She was genuine.with Beata right away.
44 00:03:13 She was magicwith Beata right away.
45 00:03:17 Beata came here from communist Polandwith Beata right away.
46 00:03:20 when she was 16 years old.with Beata right away.
47 00:03:23 She went to high school in Chicagowith Beata right away.
48 00:03:26 and I remember her telling mewith Beata right away.
49 00:03:28 that one of her teachers saidshe was never gonna make it
50 00:03:31 because she don't knowhow to speak English too well.
51 00:03:35 And that's not the thing to tell Beatahow to speak English too well.
52 00:03:43 And yeshow to speak English too well.
53 00:03:49 She put herself through collegehow to speak English too well.
54 00:03:51 and she became a nursein the cardiac cath lab
55 00:03:54 at Loyola University Medical Center.in the cardiac cath lab
56 00:03:58 She proved them wrong.in the cardiac cath lab
57 00:04:02 Beata wanted nothing morethan to have her own child.
58 00:04:07 Right awaythan to have her own child.
59 00:04:10 and she would go outand buy clothes and decorate.
60 00:04:16 From the very beginningand buy clothes and decorate.
61 00:04:22 Unfortunatelyand buy clothes and decorate.
62 00:04:28 But no matter how stressful it wasand buy clothes and decorate.
63 00:04:33 -She would not give up.and buy clothes and decorate.
64 00:04:36 And that's when Maya was born.and buy clothes and decorate.
65 00:04:45 Beata always made surethat Maya had the best of the best.
66 00:04:52 Piano lessons. Polish school.that Maya had the best of the best.
67 00:04:55 She wrote little notesabout everywhere Maya went.
68 00:05:02 It was just the warm feelingof having more to share in our lives.
69 00:05:10 And thenof having more to share in our lives.
70 00:05:15 Stroke of luck.of having more to share in our lives.
71 00:05:18 No… No trying!of having more to share in our lives.
72 00:05:35 In early spring of 2015of having more to share in our lives.
73 00:05:39 life was good.of having more to share in our lives.
74 00:05:42 Beata was working as an infusion nurseof having more to share in our lives.
75 00:05:45 helping peoplewith their treatments at home.
76 00:05:49 I was a firefighterwith their treatments at home.
77 00:05:51 and then eventually retiredwith their treatments at home.
78 00:05:53 and I was ableto spend more time with the kids.
79 00:05:57 We had a beautiful houseto spend more time with the kids.
80 00:06:02 Dream come true. Paradise.to spend more time with the kids.
81 00:06:06 But then Maya started to get sick.to spend more time with the kids.
82 00:06:10 This marks the beginningof the deposition of Maya Kowalski.
83 00:06:14 We are on the record.Friday
84 00:06:18 HiFriday
85 00:06:19 NowFriday
86 00:06:24 I'd like to get an idea of what typeof symptoms you had back then.
87 00:06:27 Do you recall?of symptoms you had back then.
88 00:06:29 I remember I was in a great deal of pain.of symptoms you had back then.
89 00:06:33 My armsof symptoms you had back then.
90 00:06:36 I would always feel very lethargicof symptoms you had back then.
91 00:06:39 and I wasn't ableto move as efficiently anymore.
92 00:06:44 We didn't know the exact causeto move as efficiently anymore.
93 00:06:50 -When did she start having problems?-So…
94 00:06:52 At first-So…
95 00:06:54 I just thought it was her asthma.-So…
96 00:06:56 -But then she had chest congestion.-Mm-hmm.
97 00:06:59 -Okay.-Coughing up yellow-green sputum.
98 00:07:01 -Okay.-Sinus infection.
99 00:07:03 And she couldn't go outside.-Sinus infection.
100 00:07:05 Every time she went outside-Sinus infection.
101 00:07:07 Mm-hmm.-Sinus infection.
102 00:07:08 It all startedwith some breathing problems.
103 00:07:12 Uhwith some breathing problems.
104 00:07:15 She was experiencing headacheswith some breathing problems.
105 00:07:20 -Her skin felt like it was on fire.with some breathing problems.
106 00:07:23 That doesn't feel goodwhen I touch your legs
107 00:07:26 Her legs were turning in.when I touch your legs
108 00:07:28 -You can do it. You can do it!-You're almost by Mommy.
109 00:07:31 -She couldn't walk.-Almost there.
110 00:07:34 -I know.-I can't take it!
111 00:07:36 I can't take it!-I can't take it!
112 00:07:38 I remember hearing her cryingthroughout the night in extreme pain.
113 00:07:43 I know.throughout the night in extreme pain.
114 00:07:45 But we had no answers.throughout the night in extreme pain.
115 00:07:47 That was not acceptable for us.throughout the night in extreme pain.
116 00:07:55 --Maya.
117 00:07:57 --Be strong.
118 00:08:00 I'm trying to be strong.-Be strong.
119 00:08:05 We went to doctor after doctor-Be strong.
120 00:08:08 one hospital to another-Be strong.
121 00:08:11 trying to get an answer.-Be strong.
122 00:08:14 And as a nurse-Be strong.
123 00:08:18 so she documented every doctor visit-Be strong.
124 00:08:22 from the very beginning-Be strong.
125 00:08:25 but they just put their arms up in the airand said
126 00:08:30 "We don't know what it is."and said
127 00:08:32 I hear your story.and said
128 00:08:34 I understand she's been going througha heck of a lot of stuff
129 00:08:37 but I'm still not certainof what we're dealing with
130 00:08:40 to be honest with you.of what we're dealing with
131 00:08:41 -A kid can tell youof what we're dealing with
132 00:08:44 How do I knowshe's not having an anxiety attack?
133 00:08:46 -Well---There's a lot of question marks.
134 00:08:53 Just give me one second.-There's a lot of question marks.
135 00:08:56 -Mom-There's a lot of question marks.
136 00:09:00 -I know-There's a lot of question marks.
137 00:09:02 He's just trying to figure it out.You just stay as calm as you can.
138 00:09:08 We knewYou just stay as calm as you can.
139 00:09:10 and they are not doing enough.You just stay as calm as you can.
140 00:09:14 So when Beata got homeYou just stay as calm as you can.
141 00:09:17 She researched.You just stay as calm as you can.
142 00:09:21 And that's when she ended upfinding Dr. Kirkpatrick.
143 00:09:26 Mayafinding Dr. Kirkpatrick.
144 00:09:30 -Yeah.-Okay
145 00:09:31 Let's go over your history a little bit.-Okay
146 00:09:33 Approximately three months ago-Okay
147 00:09:35 you started having some paindown in your feet here
148 00:09:39 You see how her legs are turning in?down in your feet here
149 00:09:41 We call that dystoniadown in your feet here
150 00:09:45 In factdown in your feet here
151 00:09:49 -Ready for testing?-Yeah.
152 00:09:51 Take that right hand-Yeah.
153 00:09:53 and see how far you can get itbefore you have to stop
154 00:10:00 Is that… That's itbefore you have to stop
155 00:10:02 Now we're gonna ask your mom to help you.before you have to stop
156 00:10:04 She's gonna get over herebefore you have to stop
157 00:10:09 and try to wiggle your toesas best you can
158 00:10:12 Can you try that?as best you can
159 00:10:15 You giving it everything you got there?as best you can
160 00:10:19 -Momas best you can
161 00:10:21 Okayas best you can
162 00:10:22 Mayaas best you can
163 00:10:24 When I first sawthe Kowalskis in September 2015
164 00:10:29 it was obviouswhat the problem was with Maya.
165 00:10:33 It was clear and simple CRPSwhat the problem was with Maya.
166 00:10:36 complex regional pain syndrome.what the problem was with Maya.
167 00:10:39 This videotapehas been prepared
168 00:10:41 in consultationwith Dr. Anthony Kirkpatrick.
169 00:10:45 What is complexregional pain syndrome?
170 00:10:48 The best way to think about itis the way it evolves.
171 00:10:51 Let's say you have an injury.is the way it evolves.
172 00:10:54 You know that probably in a week or twois the way it evolves.
173 00:10:57 the swelling's gonna go downis the way it evolves.
174 00:11:01 But what happensin these patients with CRPS
175 00:11:04 is that it actually intensifiesover that period of time.
176 00:11:08 Published case studies indicateover that period of time.
177 00:11:11 that the incident of CRPSincreases dramatically
178 00:11:14 between nine and 11 years oldincreases dramatically
179 00:11:16 and it is found predominantlyin young girls.
180 00:11:19 The patients describe itprimarily as a burning sensation.
181 00:11:22 That their skin becomesexquisitely sensitive to light touch.
182 00:11:26 Picture a floating featherexquisitely sensitive to light touch.
183 00:11:30 Patients say this feels more likeexquisitely sensitive to light touch.
184 00:11:32 a knife stabbing their body.exquisitely sensitive to light touch.
185 00:11:35 The syndrome was first describedover 100 years ago
186 00:11:38 but it was only recognizedin modern medicine in the 1990s.
187 00:11:41 Stillin modern medicine in the 1990s.
188 00:11:45 the problem waspsychological and imagined.
189 00:11:48 After my initial evaluationfor Maya
190 00:11:51 it was clear to me thatfor Maya
191 00:11:55 the lesionsfor Maya
192 00:11:59 and the pain throughout her entire bodyfor Maya
193 00:12:01 that Maya had advanced CRPSfor Maya
194 00:12:04 that we had to right awayget aggressive with and get under control.
195 00:12:09 We've treated over 3get aggressive with and get under control.
196 00:12:14 And we knowwhat the best therapy is for it.
197 00:12:18 It's called ketamine.what the best therapy is for it.
198 00:12:20 A drug typically knownfor its recreational use in clubs
199 00:12:23 is now making another name for itselfamong pain-management specialists.
200 00:12:28 It's called ketamineamong pain-management specialists.
201 00:12:31 to treat patientssuffering from chronic pain.
202 00:12:35 Ketamine is a safesuffering from chronic pain.
203 00:12:38 for advanced complexregional pain syndrome.
204 00:12:42 Because when the ketaminegets into your body
205 00:12:45 it actually stimulates the brainand kind of resets everything.
206 00:12:51 It tends to increase your blood pressureand kind of resets everything.
207 00:12:55 and increase your breathing.and kind of resets everything.
208 00:12:58 With Mayaand kind of resets everything.
209 00:13:01 at a relatively low dose…and kind of resets everything.
210 00:13:03 -Any pain?-Um…
211 00:13:04 …but it was not working.-Um…
212 00:13:05 Just here…-Um…
213 00:13:07 So I discussed with the motherand with Maya
214 00:13:10 the idea of the ketamine coma procedure.and with Maya
215 00:13:14 Some patients are taking controlof their pain by going into a coma.
216 00:13:19 Hereof their pain by going into a coma.
217 00:13:23 to induce a five-day coma.of their pain by going into a coma.
218 00:13:25 You see enough patientsof their pain by going into a coma.
219 00:13:27 Nothing is working.of their pain by going into a coma.
220 00:13:28 Surgery doesn't workof their pain by going into a coma.
221 00:13:31 and you do this one thingof their pain by going into a coma.
222 00:13:34 Dr. Kirkpatrick saysof their pain by going into a coma.
223 00:13:36 the experimental treatmentis only available in Mexico.
224 00:13:39 When this was told to meis only available in Mexico.
225 00:13:43 I… I was in disbelief.is only available in Mexico.
226 00:13:45 …flat on your back…is only available in Mexico.
227 00:13:46 And then he told us that there'sa chance that she could potentially die.
228 00:13:51 I have a feelingshe'll do very well.
229 00:13:53 It was very scaryshe'll do very well.
230 00:13:56 but there was no other options.she'll do very well.
231 00:13:59 It was thatshe'll do very well.
232 00:14:06 So we decidedto take her to Monterrey
233 00:14:20 -I will wake up?-Yes
234 00:14:23 -Will I be normal?-Yes. You are normal.
235 00:14:26 Yes-Yes. You are normal.
236 00:14:29 -I feel weird.-You're not weird.
237 00:14:31 I feel very weird.-You're not weird.
238 00:14:34 -Has the…-I feel very weird.
239 00:14:36 -You're doing great.-She's doing well. Responsive.
240 00:14:40 I'd like to go backto the ketamine coma in Mexico.
241 00:14:44 Do you remember anythingabout that hospitalization?
242 00:14:47 Uhabout that hospitalization?
243 00:14:51 It was a higher dosageabout that hospitalization?
244 00:14:54 I experienced more of the side effectsabout that hospitalization?
245 00:14:58 But I know that my mom was there with meabout that hospitalization?
246 00:15:06 Here is coma day oneabout that hospitalization?
247 00:15:08 Wednesdayabout that hospitalization?
248 00:15:12 Maya is doing well.about that hospitalization?
249 00:15:13 Today is Fridayabout that hospitalization?
250 00:15:16 This is day three coma.about that hospitalization?
251 00:15:18 Maya is doing great.about that hospitalization?
252 00:15:21 It's coma day five.about that hospitalization?
253 00:15:24 Sheabout that hospitalization?
254 00:15:28 so they had to give her extra ketamine.about that hospitalization?
255 00:15:32 This is coma day sixabout that hospitalization?
256 00:15:37 I love youabout that hospitalization?
257 00:15:39 Daddy loves you.Kyle loves you. Corinne loves you.
258 00:15:44 Everybody loves you.Kyle loves you. Corinne loves you.
259 00:15:50 -No! NoKyle loves you. Corinne loves you.
260 00:15:52 Keep that… Keep that on.Don't lift that.
261 00:15:55 -Mommy!-Yes
262 00:15:58 -Hey.-Yes
263 00:15:59 -I'm right here.-Mommy
264 00:16:02 No monsters. Mommy's here-Mommy
265 00:16:13 Maya-Mommy
266 00:16:17 Your mom wantsto ask you some questions
267 00:16:19 -Yes.-Okay
268 00:16:21 -Okay-Okay
269 00:16:23 -Hello-Okay
270 00:16:25 -It's Mommy. You remember Mommy?-Yes.
271 00:16:27 -Yes.-Okay
272 00:16:29 -Who… Uh-Okay
273 00:16:33 -Good girl!-Wow!
274 00:16:35 So she's doing fairly well-Wow!
275 00:16:39 That's not unexpected-Wow!
276 00:16:44 -Would you agree?-I agree with that.
277 00:16:46 All right.So
278 00:16:48 -Are you ready?-Yes.
279 00:16:50 Show me the sign-Yes.
280 00:16:52 -Show me the sign.-This.
281 00:16:54 There you go! Hey! She's got it.-This.
282 00:16:57 She's got it. She's got it!-This.
283 00:17:02 Maya came out of the coma-This.
284 00:17:07 She said she was hungry-This.
285 00:17:14 The coma worked.-This.
286 00:17:16 The ketamine helped me tremendouslywith my pain.
287 00:17:20 I had a little bitof short-term memory loss
288 00:17:23 and sometimesthings were really blurry with my vision
289 00:17:26 but I was willingto have those side effects
290 00:17:29 if it was gonna help me overall.to have those side effects
291 00:17:34 Okayto have those side effects
292 00:17:37 and you had your ketamine coma.to have those side effects
293 00:17:39 Nowto have those side effects
294 00:17:42 -Yes.-Helped a lot.
295 00:17:44 -Especially with the headaches?-Yes
296 00:17:48 -Yep.-They're minor now.
297 00:17:50 -Yeah.-Right.
298 00:17:51 -Her pain in the legs is better.-Right.
299 00:17:53 -It's getting---So… yeah.
300 00:17:55 -Right---It's all better.
301 00:17:56 Let's do some testing-It's all better.
302 00:17:59 Take that right hand-It's all better.
303 00:18:01 You couldn't do that-It's all better.
304 00:18:04 Not really-It's all better.
305 00:18:05 Not really-It's all better.
306 00:18:08 -Again-It's all better.
307 00:18:10 And we talked abouthow important it is…
308 00:18:12 When we got back from Mexicohow important it is…
309 00:18:14 we couldn't afford to keep upwith Dr. Kirkpatrick's treatments
310 00:18:18 so he recommended his colleague Dr. Hannawith Dr. Kirkpatrick's treatments
311 00:18:23 and prescribed low dosagesof ketamine for Maya.
312 00:18:29 That's better. I love you.of ketamine for Maya.
313 00:18:32 I love you too.of ketamine for Maya.
314 00:18:34 Now go down slowly.of ketamine for Maya.
315 00:18:37 She was getting stronger.of ketamine for Maya.
316 00:18:40 -The dystonia was straightening out.-Now smile. Good.
317 00:18:42 She was unable to use her legs-Now smile. Good.
318 00:18:46 and she was doing very-Now smile. Good.
319 00:18:49 I'm sure Maya's gonna needtwo doses of ketamine tonight after this.
320 00:18:56 She went back to schooltwo doses of ketamine tonight after this.
321 00:19:01 We were blessedthat we'd finally seen something working.
322 00:19:07 And for a yearthat we'd finally seen something working.
323 00:19:14 Until the night of the hurricane.that we'd finally seen something working.
324 00:19:27 Conditions were badan hour ago.
325 00:19:28 They've gotten worse nowas Hurricane Matthew
326 00:19:31 makes its way upthe east coast of Florida.
327 00:19:34 Bridges are closed.the east coast of Florida.
328 00:19:35 People have been toldthe east coast of Florida.
329 00:19:37 It is too dangerous now to go outside.the east coast of Florida.
330 00:19:42 Maya relapsed.the east coast of Florida.
331 00:19:45 It came backthe east coast of Florida.
332 00:19:48 She started complainingof pain in her tummy.
333 00:19:52 And it got to the pointwhere she was screaming and crying
334 00:19:56 and begging for help.where she was screaming and crying
335 00:19:59 I contacted Beata at work.where she was screaming and crying
336 00:20:02 Okaywhere she was screaming and crying
337 00:20:07 And I told herwhere she was screaming and crying
338 00:20:15 I remember pulling up at the doors.where she was screaming and crying
339 00:20:20 Go to triagewhere she was screaming and crying
340 00:20:21 and then you get the same questions again.where she was screaming and crying
341 00:20:24 The first nurse in triagehad no idea what CRPS was.
342 00:20:29 And then the other ones as wellhad no idea what CRPS was.
343 00:20:31 they wanted information and asked.had no idea what CRPS was.
344 00:20:34 That's when I got my wife on the phonehad no idea what CRPS was.
345 00:20:38 The pain medsare low-dose naltrexone
346 00:20:41 and ketamineare low-dose naltrexone
347 00:20:46 Her concern was merelyadministering ketamine
348 00:20:49 over and overadministering ketamine
349 00:20:54 Beata shows up an hour later.administering ketamine
350 00:20:56 She was belligerentadministering ketamine
351 00:21:00 The mom was very controlling.administering ketamine
352 00:21:02 She told meadministering ketamine
353 00:21:06 Beata's explaining to themadministering ketamine
354 00:21:09 this is what needs to be donefor the disease.
355 00:21:13 You don't understandher medical diagnosis.
356 00:21:16 You don't understand how much medicationit takes to control her pain.
357 00:21:22 But they just didn't understand.it takes to control her pain.
358 00:21:25 There are risksof respiratory failure
359 00:21:29 Her daughter could die from thisof respiratory failure
360 00:21:32 and it didn't seem that she wasof respiratory failure
361 00:21:38 Going back now to when you cameto Johns Hopkins All Children's Hospital
362 00:21:43 on October 7 of 2016.to Johns Hopkins All Children's Hospital
363 00:21:47 Do you remember that day?to Johns Hopkins All Children's Hospital
364 00:21:50 I don't think I remember that exact dayto Johns Hopkins All Children's Hospital
365 00:21:52 but I do remember the very beginningof my stay at Johns Hopkins.
366 00:21:57 I remember I was in a great deal of pain.of my stay at Johns Hopkins.
367 00:22:00 Was the painin your stomach or foot?
368 00:22:02 Was it all throughout your body?in your stomach or foot?
369 00:22:04 My stomachin your stomach or foot?
370 00:22:07 After thatin your stomach or foot?
371 00:22:11 the intensive care unit or something.in your stomach or foot?
372 00:22:15 That's most of what I remember.in your stomach or foot?
373 00:22:18 They started Mayaon low-dose ketamine
374 00:22:21 but that wasn't working.on low-dose ketamine
375 00:22:23 As the days progressedon low-dose ketamine
376 00:22:27 We began questioning the diagnosisof complex generalized pain syndrome.
377 00:22:32 Beata knew that low dosagewouldn't… wouldn't do it.
378 00:22:37 But they didn't listen.wouldn't… wouldn't do it.
379 00:22:39 At this timewouldn't… wouldn't do it.
380 00:22:41 Things started becomingtalks of leaving the hospital.
381 00:22:45 That's where I started feeling unsafeabout Maya.
382 00:22:48 We were toldif we planned on trying to leave
383 00:22:52 that security would be called.if we planned on trying to leave
384 00:22:54 And if you have a suspicionof child abuse
385 00:22:57 wellof child abuse
386 00:23:03 Couple days laterof child abuse
387 00:23:06 I was visiting Maya at Johns Hopkins.of child abuse
388 00:23:09 At one pointof child abuse
389 00:23:13 and in walked this woman with dark hair.of child abuse
390 00:23:16 Do you solemnly swear or affirmthe testimony you give
391 00:23:19 is the truththe testimony you give
392 00:23:21 -I do.-Your name
393 00:23:23 Sally Marie Smith.-Your name
394 00:23:25 She never stated who she was.-Your name
395 00:23:28 She just walked in-Your name
396 00:23:31 She came in-Your name
397 00:23:33 and she acted like a regular doctorthat worked for the hospital.
398 00:23:37 And she started to ask questions.that worked for the hospital.
399 00:23:39 If they would've known who she wasthat worked for the hospital.
400 00:23:45 She askedthat worked for the hospital.
401 00:23:50 About medications.that worked for the hospital.
402 00:23:52 How could I let somebody givesuch high dosages?
403 00:23:57 And I told herthat's what the doctors prescribed.
404 00:23:59 Dr. Hannathat's what the doctors prescribed.
405 00:24:03 ranging from early Januaryto October 6 of 2016.
406 00:24:08 I also understand that you wroteseveral prescriptions for oral ketamine
407 00:24:13 to be used at home.several prescriptions for oral ketamine
408 00:24:14 -Do you remember doing that?-Yes.
409 00:24:16 Is it possible that the abdominal painwas caused by these infusions?
410 00:24:22 I meanwas caused by these infusions?
411 00:24:24 Wellwas caused by these infusions?
412 00:24:28 day after daywas caused by these infusions?
413 00:24:30 That is not routine ketamine dosing.was caused by these infusions?
414 00:24:32 I have patients taking1
415 00:24:35 Every patient is different.1
416 00:24:37 Some patients develop tolerance1
417 00:24:39 or their disease processrequires higher doses.
418 00:24:43 A thousand milligram over four hoursrequires higher doses.
419 00:24:45 that is what typically worked for her.requires higher doses.
420 00:24:48 There were multiple physiciansrequires higher doses.
421 00:24:50 includingrequires higher doses.
422 00:24:54 uhrequires higher doses.
423 00:24:58 -Munchausen by proxy.-Munchausen by proxy.
424 00:25:01 Munchausen's by proxyor medical child abuse.
425 00:25:04 Munchausen by proxyis a form of child abuse
426 00:25:08 in which a caretaker providesis a form of child abuse
427 00:25:11 false or exaggerated informationis a form of child abuse
428 00:25:14 ignoring medical recommendationsis a form of child abuse
429 00:25:17 and that pattern of behaviorcauses harm to the child.
430 00:25:22 She did a ten-minute interviewat most
431 00:25:27 and shortly afterat most
432 00:25:31 There was ample evidenceto support a diagnosis
433 00:25:34 of medical child abuseto support a diagnosis
434 00:25:36 and it appeared most likelyto support a diagnosis
435 00:25:38 that Mrs. Kowalski was the primary onewho was perpetrating the child abuse.
436 00:25:43 The nurse walks back inthat was helping me.
437 00:25:49 She told me I had to leave.that was helping me.
438 00:25:52 That my daughter…that was helping me.
439 00:25:56 is under state custody.that was helping me.
440 00:26:01 I remember looking in my daughter's eyesthat was helping me.
441 00:26:06 I'm wonderingif I would ever see her again.
442 00:26:19 They accused herof overmedicating Maya.
443 00:26:26 And they thought Mayawas faking this syndrome.
444 00:26:31 At that timewas faking this syndrome.
445 00:26:38 I met the Kowalskis in October of 2016was faking this syndrome.
446 00:26:44 umwas faking this syndrome.
447 00:26:49 She had been through a lot.was faking this syndrome.
448 00:26:51 She had been to a lot of doctorstrying to get her daughter care.
449 00:26:54 And she was verytrying to get her daughter care.
450 00:27:01 being in the hospitaland being isolated from them.
451 00:27:04 She could not understandand being isolated from them.
452 00:27:06 why the Department of Childrenand Families was doing this.
453 00:27:11 I explained to both Jack and Beataand Families was doing this.
454 00:27:14 these types of casesare actually very common.
455 00:27:20 Child Protective Service investigatorshave incredible power to remove children.
456 00:27:25 All they have to proveis that there's probable cause
457 00:27:28 that there could be harm to the child.is that there's probable cause
458 00:27:31 In Floridais that there's probable cause
459 00:27:36 So when Sally Smith reviewed Maya's caseis that there's probable cause
460 00:27:38 she was an employeefor the Suncoast Center.
461 00:27:41 That center assistsin investigating child-abuse allegations
462 00:27:45 in Pinellas Countyin investigating child-abuse allegations
463 00:27:47 where All Children's Hospitalhappens to be located.
464 00:27:51 Children in Pinellas County are almosttwo and a half times more likely
465 00:27:54 to be removed from their familiesthan the state average.
466 00:27:58 I now refer to itas the child-welfare industry.
467 00:28:03 But you have to remember something.as the child-welfare industry.
468 00:28:05 Back when Child Protective Servicesreally started in this country
469 00:28:09 in the '70sreally started in this country
470 00:28:10 we were talking about childrenreally started in this country
471 00:28:12 that had sufferedfrom excess corporal punishment
472 00:28:16 had been beatenfrom excess corporal punishment
473 00:28:17 might've had broken bonesor cigarette burns.
474 00:28:20 And we were talking about sexual abuse.or cigarette burns.
475 00:28:23 And while those cases are still happeningor cigarette burns.
476 00:28:25 in recent yearsor cigarette burns.
477 00:28:29 Medical child abuseor cigarette burns.
478 00:28:31 where any parentwho's bringing in their child
479 00:28:33 with an unusual illnessto five different doctors
480 00:28:37 because you're trying to figure outwhat's wrong with your child
481 00:28:40 can be accused of doctor shoppingwhat's wrong with your child
482 00:28:42 and exposing the childto unnecessary medical procedures
483 00:28:46 to fulfill their own mental health issue.to unnecessary medical procedures
484 00:28:50 Soto unnecessary medical procedures
485 00:28:54 I think she could beto unnecessary medical procedures
486 00:28:58 a little too direct sometimesto unnecessary medical procedures
487 00:29:01 and maybe… some of the doctorstook that offensively.
488 00:29:05 I believe somebodyat All Children's Hospital was offended
489 00:29:09 and a conflict started.at All Children's Hospital was offended
490 00:29:14 As soon as I was made awareat All Children's Hospital was offended
491 00:29:17 that Sally Smith was investigatingat All Children's Hospital was offended
492 00:29:19 I called her immediatelyat All Children's Hospital was offended
493 00:29:21 and I explained to herat All Children's Hospital was offended
494 00:29:24 "If you wanna see the objective evidenceat All Children's Hospital was offended
495 00:29:28 I told her that on the phone.at All Children's Hospital was offended
496 00:29:30 She writes a report two days later.at All Children's Hospital was offended
497 00:29:31 Did she include that in the report? No.at All Children's Hospital was offended
498 00:29:34 I presented the informationat All Children's Hospital was offended
499 00:29:36 to the best of myat All Children's Hospital was offended
500 00:29:41 andat All Children's Hospital was offended
501 00:29:45 I told herthat if she goes forward with this
502 00:29:48 it would not only bea catastrophic outcome for the child
503 00:29:52 it would be a permanent injuryto the whole family.
504 00:29:55 Did he warn youthat your investigation could result
505 00:30:00 in needless and permanent harmto the child and family?
506 00:30:04 I don't know if he specifically said that.to the child and family?
507 00:30:07 I know he documented somethingsome days later about our conversation.
508 00:30:11 I read you what I wrote down.some days later about our conversation.
509 00:30:14 Umsome days later about our conversation.
510 00:30:16 thatsome days later about our conversation.
511 00:30:20 for child abuse and neglectmay cause some distress to a family.
512 00:30:25 Is that how you would classifywhat happened to the Kowalskis?
513 00:30:31 Distress?what happened to the Kowalskis?
514 00:30:33 I don't know. You'd have to ask themhow they responded to the whole thing.
515 00:31:14 Beata was focused on Maya's care.how they responded to the whole thing.
516 00:31:24 But my approach washow they responded to the whole thing.
517 00:31:28 not to cause any more tensionbetween the hospital and our family.
518 00:31:55 Instead of embracing each otherbetween the hospital and our family.
519 00:33:01 Our family was falling apart.between the hospital and our family.
520 00:33:59 The first phaseof a dependency case is the shelter phase
521 00:34:04 where the judge will decidewhere the child will be placed.
522 00:34:08 They will have the Child ProtectionServices investigator's preliminary report
523 00:34:13 and have layers and layers of hearsay.Services investigator's preliminary report
524 00:34:15 …suspicious to me…Services investigator's preliminary report
525 00:34:17 "This doctor said this.This doctor said that."
526 00:34:19 -…was a concern…-It's all admissible.
527 00:34:22 -…psychiatric…-…risk…
528 00:34:23 So it's easy for them to win-…risk…
529 00:34:26 and it makes families very vulnerableto the system.
530 00:34:37 Good morning.We are here in the Kowalski matter
531 00:34:39 for a shelter hearingas it relates to the child
532 00:35:11 -I know that…as it relates to the child
533 00:35:15 Beata.as it relates to the child
534 00:35:17 -Beata.as it relates to the child
535 00:35:21 Starting rescue in referenceto a 50-year-old female.
536 00:35:24 -Just collapsed in court.-Can you open your eyes?
537 00:35:27 -Subject is breathing…-Can you open your eyes?
538 00:35:29 -Beata. Hey.-Beata
539 00:35:31 -Beata? Can you open your eyes?-Can you open your eyes for me?
540 00:35:40 Beata fell to the ground-Can you open your eyes for me?
541 00:35:47 Maya was placedin Child Protection Services custody
542 00:35:50 at Johns Hopkins All Children's Hospital.in Child Protection Services custody
543 00:35:54 Her treatment regimen was changedin Child Protection Services custody
544 00:35:56 because they said that Beata hadMunchausen syndrome by proxy.
545 00:36:02 The judge said that Beata had to gofor psychological evaluation.
546 00:36:10 Beata hada psychological exam done
547 00:36:13 and the findings werea psychological exam done
548 00:36:15 that she did not haveMunchausen syndrome by proxy
549 00:36:19 but she had an adjustment disorderwith depressed mood
550 00:36:22 from having her child taken away.with depressed mood
551 00:36:26 And naturallywith depressed mood
552 00:38:10 Umwith depressed mood
553 00:38:13 telling you why you were being separatedfrom your parents?
554 00:38:17 No one ever told me directly.from your parents?
555 00:38:19 I kind of had to figure that out.from your parents?
556 00:38:21 Did you have a sense?from your parents?
557 00:38:23 You were only ten back thenfrom your parents?
558 00:38:24 but did you have a senseof what was going on?
559 00:38:27 I was so confused.of what was going on?
560 00:38:28 Likeof what was going on?
561 00:38:32 They would just sayof what was going on?
562 00:38:35 So I really had no idea.of what was going on?
563 00:38:40 There was a time whereI was finally allowed to go see Maya.
564 00:38:46 But there's a lot of rulesthat I had to follow.
565 00:38:50 I wasn't allowed to ask how she was doingthat I had to follow.
566 00:38:56 I couldn't answerwhen she was coming home.
567 00:38:59 Couldn't answer much about Mom.when she was coming home.
568 00:39:03 The visit was very briefwhen she was coming home.
569 00:39:08 and it was very difficultwhen she was coming home.
570 00:39:11 because seen her conditionjust going downhill.
571 00:39:20 So her feet turned in more.just going downhill.
572 00:39:22 She had more lesions.just going downhill.
573 00:39:26 And just seeing her gettingweaker and weaker
574 00:39:28 that wasthe most frustrating thing of all.
575 00:39:34 So when I come home from visiting Mayathe most frustrating thing of all.
576 00:39:38 Beata wanted to knowhow her little girl's doing.
577 00:39:42 She wants to knowif they're doing procedures
578 00:39:44 or giving meds and this and that.if they're doing procedures
579 00:39:46 And I couldn't say anything.if they're doing procedures
580 00:39:49 You knowif they're doing procedures
581 00:39:53 I'm gonna lose my privileges as a fatherto go see my daughter
582 00:39:57 and our daughter needs somebodyto come see her.
583 00:40:03 So I'd stay quiet.to come see her.
584 00:40:11 Kyleto come see her.
585 00:40:15 at Johns Hopkins All Children's Hospitalwhen she was hospitalized there?
586 00:40:18 Yes.when she was hospitalized there?
587 00:40:19 How did your sisterappear to you
588 00:40:21 when you would go visit herat the hospital?
589 00:40:24 Uh…at the hospital?
590 00:40:26 She appearedlike she did not wanna be there.
591 00:40:29 It was hard for meto be without my parents
592 00:40:31 and it was hard to put all this trustinto people I didn't even know.
593 00:40:36 They even saidthat it's all in Maya's head.
594 00:40:40 "The kid's sick."that it's all in Maya's head.
595 00:40:41 "She's trying to tell peoplewhat's wrong with her
596 00:40:44 and nobody's listening."what's wrong with her
597 00:40:46 That's incorrect. I know my daughter.what's wrong with her
598 00:41:06 Do you think that she improvedwhat's wrong with her
599 00:41:08 from the timethat she was admitted to JHACH?
600 00:41:12 Yes.that she was admitted to JHACH?
601 00:41:14 She gained weight.that she was admitted to JHACH?
602 00:41:16 She was weaned off numerous medications.that she was admitted to JHACH?
603 00:41:19 She was no longer having abdominal pain.that she was admitted to JHACH?
604 00:41:22 From the time you cameinto All Children's
605 00:41:25 did your pain ever improve?into All Children's
606 00:41:28 -Object to form.-No.
607 00:41:30 No-No.
608 00:41:32 Like-No.
609 00:41:34 And with CRPS-No.
610 00:41:37 like-No.
611 00:41:42 Uh-No.
612 00:41:46 But… it's-No.
613 00:41:52 So-No.
614 00:41:55 um-No.
615 00:41:57 I was basically ignored.-No.
616 00:41:59 Five minutes or two minutes-No.
617 00:42:01 This was not the first timeI've seen this type of scenario.
618 00:42:05 After a few days at the hospitalI've seen this type of scenario.
619 00:42:10 And without the high-doseketamine treatment
620 00:42:12 she had virtuallyno mobility in her legs at all.
621 00:42:16 That's where you get blood clots formingno mobility in her legs at all.
622 00:42:20 and it could be fatal.no mobility in her legs at all.
623 00:42:22 And I felt it was importantno mobility in her legs at all.
624 00:42:25 that Beata understoodthe seriousness of this.
625 00:42:32 So I warned herthe seriousness of this.
626 00:42:35 that Maya would die a slowthe seriousness of this.
627 00:43:46 One social workerat Johns Hopkins All Children's Hospital
628 00:43:52 was assigned to my daughter.at Johns Hopkins All Children's Hospital
629 00:43:54 -Please state your name for the record.-Catherine R. Bedy.
630 00:43:57 Something didn't seem right with her-Catherine R. Bedy.
631 00:44:00 so we googled her name.-Catherine R. Bedy.
632 00:44:03 The first thing that came upwas she was arrested for child abuse.
633 00:44:11 Beata is falsely being accusedof child abuse
634 00:44:15 and she was on that other sideof the phone knowing this
635 00:44:18 and not being ableto do anything for her child.
636 00:44:23 You just woke up?to do anything for her child.
637 00:44:25 Yeah.to do anything for her child.
638 00:44:27 -Who's with you today?-Cathi.
639 00:44:29 -Yes.-Cathi.
640 00:44:31 You know-Cathi.
641 00:44:33 because I hear her talkingin the background.
642 00:44:35 -Mom?-Yes.
643 00:44:36 You need to redirect.-Yes.
644 00:44:38 I will redirect. I'm just tellingyou this is my time with my daughter.
645 00:44:42 Momyou this is my time with my daughter.
646 00:44:46 I later found outthe charges were dropped.
647 00:44:50 But it set off alarms with Beata.the charges were dropped.
648 00:44:52 Cathi Bedy told methat I was gonna go into a foster home.
649 00:44:57 She told me that my momwas in a mental institution.
650 00:45:01 She told me that she was gonnaend up adopting me.
651 00:45:04 Did you eversit Maya on your lap?
652 00:45:09 Yes.sit Maya on your lap?
653 00:45:10 Were you hugging Maya?sit Maya on your lap?
654 00:45:12 Umsit Maya on your lap?
655 00:45:16 probably whilst she was sitting on my lapsit Maya on your lap?
656 00:45:20 Do you think Maya liked you?sit Maya on your lap?
657 00:45:22 Object to form.sit Maya on your lap?
658 00:45:24 Umsit Maya on your lap?
659 00:45:29 I also think that there were timesthat Maya was very mad
660 00:45:32 because I happened to bethe face of the hospital
661 00:45:35 along with the doctors.the face of the hospital
662 00:45:37 Do you remember being toldwhy they wanted to take photos of you?
663 00:45:43 Yeah. Cathi Bedy came over to my bedwhy they wanted to take photos of you?
664 00:45:46 and she was likewhy they wanted to take photos of you?
665 00:45:47 "If you wanna go to the court hearingwhy they wanted to take photos of you?
666 00:45:50 Risk managementmade the decision
667 00:45:52 to have these pictures taken of Maya?made the decision
668 00:45:55 -Yep.-She removed my clothes…
669 00:45:58 She was in her sports braand a pair of shorts.
670 00:46:00 …held me downand a pair of shorts.
671 00:46:03 We took pictures of her armsand a pair of shorts.
672 00:46:09 I was screamingand a pair of shorts.
673 00:46:13 She did not want you to takepictures of her like that
674 00:46:16 She did not.pictures of her like that
675 00:46:17 Could not have made it any more clear.pictures of her like that
676 00:46:20 But you went aheadand took pictures of her anyway.
677 00:46:22 Unfortunatelyand took pictures of her anyway.
678 00:46:24 What steps were takento call the parents
679 00:46:27 and ask whether you could take picturesof their child like this?
680 00:46:32 We didn't call the parents.of their child like this?
681 00:46:34 I missed Halloweenof their child like this?
682 00:46:39 and all I could think about waswhen could I go home and see my mom.
683 00:46:51 Hiwhen could I go home and see my mom.
684 00:46:54 I'm really not feeling well.when could I go home and see my mom.
685 00:46:56 You're not feeling good?when could I go home and see my mom.
686 00:46:58 Everything is hard for me.when could I go home and see my mom.
687 00:47:00 I cry a lot.when could I go home and see my mom.
688 00:47:02 So the tramadoldoesn't do anything for you?
689 00:47:05 -Nodoesn't do anything for you?
690 00:47:07 What else are you getting for pain?-Nothing else.
691 00:47:11 Well-Nothing else.
692 00:47:13 I wish I was thereto rub your back and hug you.
693 00:47:16 Yeahto rub your back and hug you.
694 00:47:18 Ohto rub your back and hug you.
695 00:47:21 -Fromto rub your back and hug you.
696 00:47:23 …Miss Cathi?to rub your back and hug you.
697 00:47:25 -What?-Miss Cathi has no letter from you.
698 00:47:27 Okay-Miss Cathi has no letter from you.
699 00:47:29 You'll have to talk with Charlotte.-Miss Cathi has no letter from you.
700 00:47:31 Okay.-Miss Cathi has no letter from you.
701 00:47:33 Have you been ableto talk to your attorney?
702 00:47:37 Yeah. He's gonna come today.to talk to your attorney?
703 00:47:39 Oh good. I just wanna make surethat you are able to talk to him.
704 00:47:43 Wellthat you are able to talk to him.
705 00:47:48 What do you meanthat you are able to talk to him.
706 00:47:52 You are not in a prisonthat you are able to talk to him.
707 00:47:55 -Mom… Umthat you are able to talk to him.
708 00:47:58 She just has to ask the nursehow to do it. That's all.
709 00:48:02 Okay.how to do it. That's all.
710 00:48:04 How was your Thanksgiving?how to do it. That's all.
711 00:48:07 It wasn't really good.how to do it. That's all.
712 00:48:09 I know.how to do it. That's all.
713 00:48:10 It was the worst Thanksgiving ever for me.how to do it. That's all.
714 00:48:14 I don't understandwhy this happened
715 00:48:17 Yeahwhy this happened
716 00:48:21 I meanwhy this happened
717 00:48:27 -I know. I'm very sorrywhy this happened
718 00:48:30 Very sorry. Just be strongwhy this happened
719 00:48:35 Yeah.why this happened
720 00:48:36 I pray for you every day.why this happened
721 00:48:39 Me too.why this happened
722 00:48:41 So be strong.why this happened
723 00:48:44 I'm trying.why this happened
724 00:48:45 -Okay.why this happened
725 00:48:48 Mom? We have to say goodbye.why this happened
726 00:48:51 I have to stepinto something else right now.
727 00:48:54 Okay.into something else right now.
728 00:48:56 -Thank youinto something else right now.
729 00:48:58 -I love you. Bye-bye.-Bye-bye
730 00:49:04 I don't know if it wasquestioning Maya on her treatments
731 00:49:08 or what they're giving herquestioning Maya on her treatments
732 00:49:10 or certain things that she can't discusswith her daughter
733 00:49:14 but unfortunatelywith her daughter
734 00:49:18 of being inappropriateduring that phone conversation.
735 00:49:23 And she triedto get Beata's privileges suspended.
736 00:49:31 Beatato get Beata's privileges suspended.
737 00:49:52 Mr. Kowalskito get Beata's privileges suspended.
738 00:49:55 of a pending criminal investigationby the Sarasota County Sheriff's Office?
739 00:50:00 I never heardthere was a pending investigation.
740 00:50:04 I believe you sat down and gavea recorded statement to Detective Graham.
741 00:50:08 Am I correct?a recorded statement to Detective Graham.
742 00:50:09 Yesa recorded statement to Detective Graham.
743 00:50:13 I did not give consent to be recorded.a recorded statement to Detective Graham.
744 00:50:16 You told themthat you were a detective
745 00:50:18 investigating child abusethat you were a detective
746 00:50:20 I would've had my badge and gone onand probably identified myself
747 00:50:25 I asked if I could interview himand probably identified myself
748 00:50:27 and we sat downand probably identified myself
749 00:50:36 and probably identified myself
750 00:50:38 Um…and probably identified myself
751 00:50:40 Could you tell me a little aboutyou and your wife's relationship?
752 00:50:43 It's like any marriage.You've got your ups and downs.
753 00:50:46 And sureYou've got your ups and downs.
754 00:50:49 -You know?-Okay.
755 00:50:50 Do you guys ever disagreeon Maya's care?
756 00:50:53 No. I know my wife. She…on Maya's care?
757 00:50:55 She'll stay up till three in the morningon Maya's care?
758 00:50:59 I kind of listen to what she sayswith that and the doctors.
759 00:51:03 Number one is the doctors.with that and the doctors.
760 00:51:06 Is Maya looking forsome… attention from her mom?
761 00:51:10 Trying to please her mom?Mom wants her to be sick.
762 00:51:12 -So "I'm gonna be sick to please my mom"?-I hope not. God
763 00:51:19 Let's not differentiate loveand affection and caring…
764 00:51:22 -Mm-hmm.-…for abuse.
765 00:51:24 -Because they can happen in tandem.-Yeah.
766 00:51:27 I don't agree with her on a lot of things-Yeah.
767 00:51:31 intentionally-Yeah.
768 00:51:34 I'd swear on my life on that one.-Yeah.
769 00:51:37 -Do you love your wife?-I love her
770 00:51:42 She is a pushy person-I love her
771 00:51:45 and it's getting worse right now.-I love her
772 00:51:47 Just-I love her
773 00:51:51 -This is a complicated case.-Sure.
774 00:51:54 And… I think it…-Sure.
775 00:51:56 it could be very possible someonecould be looking at criminal charges.
776 00:51:59 -Hmm.-Which is why I'm asking you.
777 00:52:02 Are you protective-Which is why I'm asking you.
778 00:52:05 Protective of my children.-Which is why I'm asking you.
779 00:52:08 Are your childrentruly your first priority?
780 00:52:10 I swear on my lifetruly your first priority?
781 00:52:13 I don't care.truly your first priority?
782 00:52:14 I'll put you and your wife in jailtomorrow if it meant Maya gets better.
783 00:52:16 -If I did wrongtomorrow if it meant Maya gets better.
784 00:52:19 Yestomorrow if it meant Maya gets better.
785 00:52:22 Let me ask you.If Maya was released tomorrow
786 00:52:24 would you be compliantIf Maya was released tomorrow
787 00:52:27 if that child was not to haveany contact with her mother?
788 00:52:31 Yes.any contact with her mother?
789 00:52:34 In a heartbeat.any contact with her mother?
790 00:52:39 So did they want Jackto turn on Beata?
791 00:52:43 I would assume that they did.to turn on Beata?
792 00:52:46 That would've made their case easier.to turn on Beata?
793 00:52:48 He said thathe would choose his kids over his wife.
794 00:52:54 That's what he's supposed to say.he would choose his kids over his wife.
795 00:52:56 If you say otherwisehe would choose his kids over his wife.
796 00:53:01 That is the only correct answer.he would choose his kids over his wife.
797 00:53:05 I did go home. I told Beata what happened.he would choose his kids over his wife.
798 00:53:08 Um…he would choose his kids over his wife.
799 00:53:10 Yeah. It's… "What'd you say?Why did you do this? Why…"
800 00:53:14 I told herWhy did you do this? Why…"
801 00:53:19 I told her exactly that"They're trying to blame you
802 00:53:24 and… and then it just… it causeda lot of stress in the house.
803 00:53:30 I'm sure she felt very much betrayed. Mm.a lot of stress in the house.
804 00:53:51 Ooh! Now say the line.Say the word.
805 00:53:53 -GoodSay the word.
806 00:54:00 Ms. BedySay the word.
807 00:54:04 under your careand the care of the hospital.
808 00:54:08 Yes.and the care of the hospital.
809 00:54:10 Maya was moving her legsand the care of the hospital.
810 00:54:15 She was out playing the piano downstairsand the care of the hospital.
811 00:54:20 and often moved herselfaround the hospital.
812 00:54:24 So we saw her getting better.around the hospital.
813 00:54:27 Do you have any response to that?around the hospital.
814 00:54:30 RSD is a diseasearound the hospital.
815 00:54:34 There are certain daysthat I could do certain things
816 00:54:37 and there are other daysthat I could do certain things
817 00:54:40 So depending on the daysthat I could do certain things
818 00:54:42 Sothat I could do certain things
819 00:54:45 When we look at painthat I could do certain things
820 00:54:49 Maya never showed some of the symptomsthat we see other kids in pain having.
821 00:55:01 Dear your honor. Lovethat we see other kids in pain having.
822 00:55:07 Hellothat we see other kids in pain having.
823 00:55:10 First of allthat we see other kids in pain having.
824 00:55:14 And I know that you knowI want to go home.
825 00:55:19 I've been feeling terriblethe last few days.
826 00:55:22 I have been getting worse and worse.the last few days.
827 00:55:25 All I want for Christmas is my family.the last few days.
828 00:55:28 I cry every daythe last few days.
829 00:55:31 I never got to say my goodbyes to my mom.the last few days.
830 00:55:35 I pray every daythat I will be able to go home.
831 00:55:40 In the middleof December 2016
832 00:55:44 there was a hearing scheduledof December 2016
833 00:55:47 We were constantly havingstatus conferences
834 00:55:49 and Varinia Van Ness came on as cocounsel.status conferences
835 00:56:10 This wasa huge power struggle.
836 00:56:14 But no matter what we dida huge power struggle.
837 00:56:16 the court repetitively sideda huge power struggle.
838 00:56:19 with the hospital staffand Dr. Sally Smith.
839 00:56:50 It never made any sense to meand Dr. Sally Smith.
840 00:56:52 why she was deniedgiving her child that hug.
841 00:56:56 And I can tell yougiving her child that hug.
842 00:57:00 that Beata was devastated.giving her child that hug.
843 00:57:03 Devastated.giving her child that hug.
844 00:57:05 And the one thing that I know to this daygiving her child that hug.
845 00:57:09 is none of us can get that hug back now.giving her child that hug.
846 00:57:14 That hug is gone.giving her child that hug.
847 00:57:16 You thinkif she had hugged her
848 00:57:18 things would've turned out differently?if she had hugged her
849 00:57:20 Yesif she had hugged her
850 00:57:23 I do.if she had hugged her
851 00:57:33 That day we were supposed to goto a neighbor's for a
852 00:57:37 a kids' birthday party.to a neighbor's for a
853 00:57:40 She goesto a neighbor's for a
854 00:57:44 "I'm not gonna go."to a neighbor's for a
855 00:57:46 "I'm gonna sleep.I got a migraine headache."
856 00:57:51 Kyle and I went to that party.I got a migraine headache."
857 00:57:55 And when we came homeI got a migraine headache."
858 00:57:58 her bedroom door was shut.I got a migraine headache."
859 00:58:01 We thought she was asleep.I got a migraine headache."
860 00:58:06 So we decided to sit downI got a migraine headache."
861 00:58:14 Later that nightI got a migraine headache."
862 00:58:16 somebody was knocking on the door.I got a migraine headache."
863 00:58:20 It was her brotherI got a migraine headache."
864 00:58:23 So Peter was walking around the house.I got a migraine headache."
865 00:58:28 He walked in the garage.I got a migraine headache."
866 00:58:33 There was a scream…I got a migraine headache."
867 00:58:36 that I'll never forget.I got a migraine headache."
868 00:58:40 It's my name in Polish.I got a migraine headache."
869 00:58:42 Jacek.I got a migraine headache."
870 00:58:48 He screamed that so loudI got a migraine headache."
871 00:58:54 911I got a migraine headache."
872 00:58:59 UhI got a migraine headache."
873 00:59:03 -Mommy! No…-No--
874 00:59:06 -Stay on the line.-No--
875 00:59:09 -How old is she?-No--
876 00:59:11 Forty-two.-No--
877 00:59:15 Oh my God.-No--
878 00:59:18 -Mommy! Mom!-No
879 00:59:21 I'm sending someoneto assist you.
880 00:59:23 Please leave everything as you found it.to assist you.
881 00:59:25 -Just please get somebody here.-They're on their way.
882 00:59:43 Did your wife give youany indication that this would happen?
883 00:59:48 Noany indication that this would happen?
884 00:59:54 -Just the disease alone was horrible.any indication that this would happen?
885 00:59:57 -This is my attorney. Could I answer it?-Sure.
886 01:00:01 -Hey-Sure.
887 01:00:05 -I'm so sorry.-Debra
888 01:00:10 -I'm so sorry.-Debra
889 01:00:12 I feel so bad.The judge was so cold.
890 01:00:15 I know this is what happened.The judge was so cold.
891 01:00:17 This… I knowit's because he turned her down.
892 01:00:20 That killed her.it's because he turned her down.
893 01:00:22 All the way homeit's because he turned her down.
894 01:00:27 I don't know howI'm gonna tell Maya later.
895 01:00:32 Because I can't go thereand tell her and then leave.
896 01:00:41 Okay.and tell her and then leave.
897 01:00:43 Thanksand tell her and then leave.
898 01:00:53 I rememberthe phone call from Jack
899 01:00:56 that his wife had ended her life.the phone call from Jack
900 01:00:59 I was devastated.the phone call from Jack
901 01:01:00 I just could not believewhat had happened.
902 01:01:08 But I think the notethat Beata left for Judge Haworth
903 01:01:13 makes it pretty clearthat Beata left for Judge Haworth
904 01:01:14 that she wanted her childto be free from that hospital.
905 01:01:20 She was very worriedabout what was happening
906 01:01:22 and the treatmentthat she was being forced to take.
907 01:01:31 She wanted to make surethat her child got out of there.
908 01:01:35 And she didn't see any other way out.that her child got out of there.
909 01:03:01 Hithat her child got out of there.
910 01:03:03 Hithat her child got out of there.
911 01:03:05 How is my sunshine today?that her child got out of there.
912 01:03:12 I reallythat her child got out of there.
913 01:03:15 I do too.that her child got out of there.
914 01:03:17 I miss you every second of the day.that her child got out of there.
915 01:03:22 I miss you coming home from work.that her child got out of there.
916 01:03:24 Hugging and snuggling.that her child got out of there.
917 01:03:26 I miss swimming in the pool with you.that her child got out of there.
918 01:03:30 I miss everything.that her child got out of there.
919 01:03:33 Just close your eyesand pretend I'm there.
920 01:03:39 I know it's not the sameand pretend I'm there.
921 01:03:45 I'm hurting. I wanna come home.and pretend I'm there.
922 01:03:49 I will do everything.I promise you.
923 01:03:54 Shortly after Beata's deathI promise you.
924 01:03:56 they allowed me to take MayaI promise you.
925 01:03:58 to go see a specialist in Rhode Island.I promise you.
926 01:04:01 Dr. Chopra.I promise you.
927 01:04:04 He did an evaluation on herI promise you.
928 01:04:07 which did confirm that she does have CRPS.I promise you.
929 01:04:13 And he sent his report to the court.I promise you.
930 01:04:17 Not too much longer after thatI promise you.
931 01:04:28 MayaI promise you.
932 01:04:31 So thankful you're home.I promise you.
933 01:04:45 Would you like to pray together?I promise you.
934 01:04:47 Yeah.I promise you.
935 01:04:49 Lord JesusI promise you.
936 01:04:53 and sprinkle it over Maya and my family.I promise you.
937 01:04:57 I surrender my family to you.I promise you.
938 01:05:01 Take care of everythingI promise you.
939 01:05:08 Amen.I promise you.
940 01:05:26 My mom was very compassionate.I promise you.
941 01:05:29 She was caringI promise you.
942 01:05:40 It's hard toI promise you.
943 01:05:42 becauseI promise you.
944 01:05:46 You can't really describe herin a couple of words.
945 01:06:04 After being held captivefor three whole months
946 01:06:09 being told that I could go backto some normalcy
947 01:06:13 it was so nice to hear that.to some normalcy
948 01:06:16 It felt like all of my prayershad been answered
949 01:06:20 all of my family's prayershad been answered.
950 01:06:27 But I lost oneof the most important people in my life.
951 01:06:32 A person who I didn't even getto say goodbye to.
952 01:06:45 Yeahto say goodbye to.
953 01:06:55 Here I thought I was gonna be ableto see her again
954 01:06:59 maybe even if it took an entire year.to see her again
955 01:07:03 But just being told thatthat was never gonna happen…
956 01:07:15 Let's take a break nowthat was never gonna happen…
957 01:07:20 -Let me get you some waterthat was never gonna happen…
958 01:07:26 After Maya was released in 2017that was never gonna happen…
959 01:07:31 we had to follow certain instructionsfrom the court.
960 01:07:35 She was not allowedany ketamine treatments
961 01:07:38 so we had to do things slow.any ketamine treatments
962 01:07:42 It took over a year of physical therapyany ketamine treatments
963 01:07:47 and she went from a wheelchairto crutches.
964 01:07:52 And then one year after thatto crutches.
965 01:07:56 But she still had pain.to crutches.
966 01:07:59 A lot of pain.to crutches.
967 01:08:05 And she could relapse any time.to crutches.
968 01:08:16 Soto crutches.
969 01:08:20 Yesto crutches.
970 01:08:22 She has… She still has some impairmentsin her lower extremities.
971 01:08:25 …stand up. Thatta girl.in her lower extremities.
972 01:08:27 -Good job!-She's made tremendous gains.
973 01:08:29 But she has CRPS-She's made tremendous gains.
974 01:08:31 and she's gonna continueto have to live with that diagnosis.
975 01:08:38 We are tryingto do the best we can.
976 01:08:44 But the kids will never be the same.to do the best we can.
977 01:08:50 It's very difficult to understandwhat went through Beata's mind.
978 01:08:57 Thinking that was the only wayto get her daughter out.
979 01:09:03 I miss her dearly.to get her daughter out.
980 01:09:06 But… I have angerto get her daughter out.
981 01:09:13 It is so difficultto try to play both roles.
982 01:09:17 And as much as you tryto try to play both roles.
983 01:09:26 Something good has to comefrom all this pain.
984 01:09:39 I've been a reporterfor over five years
985 01:09:42 andfor over five years
986 01:09:45 by just accepting what's in front of youwithout questioning it.
987 01:09:50 And this seemed like an areathat needed to be questioned.
988 01:09:53 In 2019that needed to be questioned.
989 01:09:58 when I came acrossthe case of the Kowalski family.
990 01:10:02 It just was so tragicthe case of the Kowalski family.
991 01:10:05 And when I learned that Beata Kowalskihad actually taken her life
992 01:10:09 I meanhad actually taken her life
993 01:10:11 I knew that I had to take the story onhad actually taken her life
994 01:10:16 So I started digging.had actually taken her life
995 01:10:18 Part of my investigationwas talking to the Kowalskis.
996 01:10:21 I also interviewed Dr. Sally Smithover the phone
997 01:10:24 to get her side of the storyover the phone
998 01:10:26 and Dr. Smith was extremely firmthat she had done nothing wrong.
999 01:10:31 But what I found outwas that Dr. Smith's opinions
1000 01:10:34 differed a lot from other doctorswas that Dr. Smith's opinions
1001 01:10:38 Doctor Kirkpatrick and Dr. Hanna.was that Dr. Smith's opinions
1002 01:10:41 It was January 2019 when I hit publishon that piece about the Kowalski family
1003 01:10:47 and I kind of thought I'd move onto the next thing.
1004 01:10:51 But that was when the callsstarted coming in
1005 01:10:54 and the emails started coming instarted coming in
1006 01:10:56 and I realized that thiswas a lot bigger than just the Kowalskis.
1007 01:11:01 -Rolling.Take Care of Maya…
1008 01:11:02 -Ashley interviewTake Care of Maya…
1009 01:11:04 ViviannaTake Care of Maya…
1010 01:11:06 When I read the articlein the Sarasota Herald Tribune
1011 01:11:10 I realized it was so much biggerthan what we had thought.
1012 01:11:13 Bye.than what we had thought.
1013 01:11:14 The realization that there are so manyother people going through it…
1014 01:11:17 I couldn't believe it.I could not believe it.
1015 01:11:21 He's having a seizure.His eyes are rolling. He's shaking.
1016 01:11:24 He's not breathing. He barely has a pulse.His eyes are rolling. He's shaking.
1017 01:11:27 She started throwing up.His eyes are rolling. He's shaking.
1018 01:11:29 Then she started getting little bruises.His eyes are rolling. He's shaking.
1019 01:11:31 I'm rushing to the hospital.His eyes are rolling. He's shaking.
1020 01:11:34 -We need to call 911.-Call 911.
1021 01:11:35 We instantly called 911.We did what you're taught to do.
1022 01:11:39 I'm sitting at my deskWe did what you're taught to do.
1023 01:11:40 and I start hearingfrom more and more families.
1024 01:11:44 People who had gone to the doctorfor help for their kids
1025 01:11:48 and then became the target of the system.for help for their kids
1026 01:11:50 They find broken ribs.They find a brain bleed.
1027 01:11:54 They found old and new brain bleeds.They find a brain bleed.
1028 01:11:56 And I was likeThey find a brain bleed.
1029 01:12:00 "I brought her here for bruises."They find a brain bleed.
1030 01:12:02 And that's when I met Sally Smith.They find a brain bleed.
1031 01:12:05 They're frantic. They're desperate.They find a brain bleed.
1032 01:12:08 And one thing that they all had in commonwas Dr. Sally Smith
1033 01:12:11 and Johns Hopkins All Children's Hospital.was Dr. Sally Smith
1034 01:12:13 She saw usfor less than ten minutes
1035 01:12:15 and then my husband was arrestedfor aggravated child abuse.
1036 01:12:20 We ended up arrested and imprisonedfor aggravated child abuse.
1037 01:12:24 These families walked infor aggravated child abuse.
1038 01:12:29 and some of them walked out in handcuffs.for aggravated child abuse.
1039 01:12:49 At the hospitalfor aggravated child abuse.
1040 01:12:52 the way they spoke about my momfor aggravated child abuse.
1041 01:12:56 it was pretty messed up.for aggravated child abuse.
1042 01:13:09 They would try to convince methat my mom was doing things to me.
1043 01:13:15 That she was making my CRPS up.that my mom was doing things to me.
1044 01:13:20 It's complete nonsense.that my mom was doing things to me.
1045 01:13:23 I realize that now.that my mom was doing things to me.
1046 01:13:27 At firstthat my mom was doing things to me.
1047 01:13:31 and that confusion molded into anger.that my mom was doing things to me.
1048 01:13:36 To be in a hospitalthat's basically keeping you captive
1049 01:13:41 away from my familythat's basically keeping you captive
1050 01:13:45 and away from the person you love.that's basically keeping you captive
1051 01:13:55 Just very frustrating.that's basically keeping you captive
1052 01:13:59 But I kept it in.that's basically keeping you captive
1053 01:14:01 'Cause I was raised by two parentsthat's basically keeping you captive
1054 01:14:04 who always taught meto be kind and respectful
1055 01:14:07 and that's what I did.to be kind and respectful
1056 01:14:12 You know what?to be kind and respectful
1057 01:14:15 We tried to cooperate.to be kind and respectful
1058 01:14:18 But nothing changes if you stay quiet.to be kind and respectful
1059 01:14:22 And we have to hold Johns Hopkinsresponsible for what they done.
1060 01:14:28 We want justice for Mom.responsible for what they done.
1061 01:14:48 Okayresponsible for what they done.
1062 01:14:51 -And the second one was…-Mm-hmm.
1063 01:14:53 He left you a message-Mm-hmm.
1064 01:14:55 -And then he sent you email later.-All right
1065 01:14:58 The judge allowed herto have a phone.
1066 01:15:01 -It's in the court order.-Beata. Please stop recording me.
1067 01:15:05 Beata was a nurse-Beata. Please stop recording me.
1068 01:15:09 But somehow-Beata. Please stop recording me.
1069 01:15:13 She documented everything.-Beata. Please stop recording me.
1070 01:15:16 Every email-Beata. Please stop recording me.
1071 01:15:20 and all of that documentationis the reason we can sue.
1072 01:15:24 Because when they come inand tell us a falsehood
1073 01:15:27 we have the truth.and tell us a falsehood
1074 01:15:30 When I heard those phone callsand tell us a falsehood
1075 01:15:35 I got the frustration of Beata.and tell us a falsehood
1076 01:15:39 It was like a pressure cooker. You know?and tell us a falsehood
1077 01:15:41 I… I could feel thatjust kind of building up.
1078 01:15:44 As lawyersjust kind of building up.
1079 01:15:48 but you can't help yourself.just kind of building up.
1080 01:15:49 You think about "What if it was my childjust kind of building up.
1081 01:15:53 and she's got somethingthat's causing extreme pain
1082 01:15:56 and then you find doctorsthat say there's hope?"
1083 01:16:00 That was all just stripped away instantly.that say there's hope?"
1084 01:16:04 Most families give up.that say there's hope?"
1085 01:16:06 Not because they want tothat say there's hope?"
1086 01:16:08 but because they're taking ona huge corporation and the state.
1087 01:16:14 So most parents don't have the abilitya huge corporation and the state.
1088 01:16:20 to fight backa huge corporation and the state.
1089 01:16:23 My attorney advised that it'd be safestand quickest to take the case plan.
1090 01:16:30 A case plan is wherea parent chooses to go along
1091 01:16:34 with whatever the state requires of them.a parent chooses to go along
1092 01:16:38 A checklista parent chooses to go along
1093 01:16:45 It's just simplerto go through the case plan
1094 01:16:48 even if you're innocent.to go through the case plan
1095 01:16:50 Howeverto go through the case plan
1096 01:16:53 you're releasing the hospitalfrom liability.
1097 01:16:57 But the Kowalskis didn't take a case plan.from liability.
1098 01:16:59 Beata wasn't gonna do that.from liability.
1099 01:17:01 She knew she was rightfrom liability.
1100 01:17:05 I don't knowthat they were looking to the future
1101 01:17:08 but I do know that set them apart.that they were looking to the future
1102 01:17:10 If she hadn't taken such an aggressiveapproach
1103 01:17:14 So we're going after the hospitalapproach
1104 01:17:17 Dr. Sally Smithapproach
1105 01:17:20 based on what's known as"infliction of emotional distress
1106 01:17:23 meaning that they knewwhat they were doing
1107 01:17:26 pushing her towards some form of harm.what they were doing
1108 01:17:30 So they should pay punitive damageswhat they were doing
1109 01:17:33 which are designed to punish themfor their wrongdoing.
1110 01:17:41 This young girlfor their wrongdoing.
1111 01:17:45 in bringing Sally Smith downfor their wrongdoing.
1112 01:17:50 They want their voice heardfor their wrongdoing.
1113 01:17:55 and they want the hospitaland Dr. Sally Smith to actually hear them.
1114 01:18:02 I want people to seethat I wasn't lying
1115 01:18:04 and that other familieswho are going through similar situations
1116 01:18:08 they're not lying either.who are going through similar situations
1117 01:18:11 I have CRPS.who are going through similar situations
1118 01:18:13 My mom was not making me sick.who are going through similar situations
1119 01:18:17 I just wish people would believe me.who are going through similar situations
1120 01:18:21 Miss Kowalskiwho are going through similar situations
1121 01:18:25 Do you solemnly swearthe testimony you are about to give
1122 01:18:27 will be the truththe testimony you are about to give
1123 01:18:31 Yes.the testimony you are about to give
1124 01:18:32 We're on the record.The time is57 on August 28
1125 01:18:37 This marks the beginningof the deposition of Kyle Kowalski.
1126 01:18:40 We are on the record.October 15th
1127 01:18:45 It's been five years nowOctober 15th
1128 01:18:47 since we decided to file a lawsuitagainst Johns Hopkins.
1129 01:18:53 We're not sleeping at night.We're thinking of it all the time.
1130 01:18:57 Time is41.We're going off the record.
1131 01:19:00 It's absolutely brutal.We're going off the record.
1132 01:19:02 Did you lookfor a second opinion
1133 01:19:03 for someone who could performa ketamine coma procedure?
1134 01:19:06 Thata ketamine coma procedure?
1135 01:19:08 Unfortunatelya ketamine coma procedure?
1136 01:19:12 By thata ketamine coma procedure?
1137 01:19:15 That is correct.a ketamine coma procedure?
1138 01:19:16 You indicate in paragraph sixof your affidavit that you
1139 01:19:20 "refuse to go to doctors or hospitals."of your affidavit that you
1140 01:19:23 -Do you see that?-Yeah.
1141 01:19:25 Why is it that you refuseto go to doctors or hospitals?
1142 01:19:29 I feel like it's pretty self-explanatory.to go to doctors or hospitals?
1143 01:19:32 The last time I was in a hospitalto go to doctors or hospitals?
1144 01:19:34 I was medically abducted for three months.to go to doctors or hospitals?
1145 01:19:38 I just can't go to doctors.I hate going to doctors.
1146 01:19:41 I hate going to hospitals.I hate going to doctors.
1147 01:19:45 Okay.I hate going to doctors.
1148 01:19:45 Next time you do a depo on my daughterI hate going to doctors.
1149 01:19:51 She takes it hardI hate going to doctors.
1150 01:19:56 -Especially with a young child.-Mm-hmm.
1151 01:19:58 I remember-Mm-hmm.
1152 01:20:00 hearing the nurses talk about me.-Mm-hmm.
1153 01:20:06 "She's a liar. She's a liar.Don't believe anything she said."
1154 01:20:09 "She's not in pain."That's what they would say to me.
1155 01:20:12 That's what they would say to people!That's what they would say to me.
1156 01:20:14 You have no cluehow traumatic that was for me.
1157 01:20:18 You have the audacityto ask me why I'm afraid of hospitals?
1158 01:20:22 Are you insane? Are you insane?to ask me why I'm afraid of hospitals?
1159 01:20:26 My mom diedto ask me why I'm afraid of hospitals?
1160 01:20:30 Ever!to ask me why I'm afraid of hospitals?
1161 01:20:33 I have to go to schoolto ask me why I'm afraid of hospitals?
1162 01:20:37 how they went on shopping tripswith their mom.
1163 01:20:40 How they get towith their mom.
1164 01:20:43 You know how hard it is for meto sit and
1165 01:20:48 Are you serious?to sit and
1166 01:20:51 You traumatized me!to sit and
1167 01:20:57 You need to take a breakto sit and
1168 01:20:58 -Yeah.to sit and
1169 01:21:00 Okay. We can go off the record.to sit and
1170 01:21:20 We're in the final stagesof preparations to get us to trial.
1171 01:21:25 So people are staying up late.of preparations to get us to trial.
1172 01:21:27 There's paper flying everywhere.of preparations to get us to trial.
1173 01:21:29 We're getting last-minute motions filed.We're flying experts in.
1174 01:21:32 They all come down to see Dr. Hannaand get ketamine treatments?
1175 01:21:36 And recentlyand get ketamine treatments?
1176 01:21:40 that Johns Hopkins usedfor billing the insurance companies
1177 01:21:45 and we found out that they billed themfor three months' treatment for CRPS.
1178 01:21:51 The exact same illnessfor three months' treatment for CRPS.
1179 01:21:54 Sally Smith was telling the courtsshe did not have
1180 01:21:59 and that the parents had made up.she did not have
1181 01:22:01 -Really?-Yeah.
1182 01:22:03 I think the other side'sgonna have a hard time.
1183 01:22:05 I think that's whythey have been fighting tooth and nail
1184 01:22:09 to play keep away from the jury.they have been fighting tooth and nail
1185 01:22:12 And we just found outthat the hospital hired a former judge
1186 01:22:17 from the Second District Court of Appealsthat sits above our trial court
1187 01:22:21 so Johns Hopkins will haveincredibly powerful legal representation.
1188 01:22:27 I do. I think…incredibly powerful legal representation.
1189 01:22:30 April 4thincredibly powerful legal representation.
1190 01:22:33 and then we'll be in trial.incredibly powerful legal representation.
1191 01:22:41 -Hiincredibly powerful legal representation.
1192 01:22:42 -Where's Kyle?incredibly powerful legal representation.
1193 01:22:45 -There he is.-Hello.
1194 01:22:46 -How's my man?-Good.
1195 01:22:50 So-Good.
1196 01:22:53 we got an ordertelling us we could go to trial.
1197 01:22:57 And we were ecstatic.telling us we could go to trial.
1198 01:22:59 Thentelling us we could go to trial.
1199 01:23:01 we get the second orderfrom the Second District Court of Appeals
1200 01:23:05 to stay the trial.from the Second District Court of Appeals
1201 01:23:08 Sofrom the Second District Court of Appeals
1202 01:23:10 we're not gonna go to trial Monday.from the Second District Court of Appeals
1203 01:23:17 Are you gonna be okayfrom the Second District Court of Appeals
1204 01:23:20 -I guess.-We're gonna get 'em.
1205 01:23:22 -But---We got 'em.
1206 01:23:24 -It's just a…-Hey.
1207 01:23:25 -…little more time.-Maya.
1208 01:23:27 That's what we've been toldfor how many years?
1209 01:23:29 -Mayafor how many years?
1210 01:23:31 They don't have a case at trialfor how many years?
1211 01:23:35 because they're fighting so hardto keep us out of the courtroom.
1212 01:23:40 The last thing they want on the planetto keep us out of the courtroom.
1213 01:23:43 is seeing the three Kowalskison that witness stand telling their story.
1214 01:23:49 It's perseverance that wins the day here.on that witness stand telling their story.
1215 01:24:23 They're scaredfor us being in the courtroom.
1216 01:24:26 They're just doing everything they couldto keep us out and keep delaying it.
1217 01:24:32 I just don't want us as a familyto feel defeated.
1218 01:24:37 Losing my momto feel defeated.
1219 01:24:39 and then all the stressthat's put on my dad
1220 01:24:43 trying to manage having kidsthat's put on my dad
1221 01:24:50 I just don't want us to livethe rest of our lives knowing that.
1222 01:24:55 Knowing what?the rest of our lives knowing that.
1223 01:24:57 That we lost.the rest of our lives knowing that.
1224 01:25:02 Even when caseshad been dropped or overturned
1225 01:25:07 the damage had been done.had been dropped or overturned
1226 01:25:10 Kids had been traumatizedhad been dropped or overturned
1227 01:25:12 parents had their reputations destroyed.had been dropped or overturned
1228 01:25:16 Even though my charges weredropped
1229 01:25:20 I had people messaging medropped
1230 01:25:23 that my children deservedto be in foster care
1231 01:25:26 and they hoped I never got them back.to be in foster care
1232 01:25:30 They tried to divideher father and I.
1233 01:25:34 They wanted us to argue.They wanted us to blame each other.
1234 01:25:38 I lost a lot of friends.They wanted us to blame each other.
1235 01:25:40 I lost my homeThey wanted us to blame each other.
1236 01:25:43 my daughter.They wanted us to blame each other.
1237 01:25:45 I've learned to try not to think about itbecause
1238 01:25:53 Sorry.because
1239 01:25:56 Nobody ever pays you backbecause
1240 01:25:57 for the money that you spenton lawyers and experts and attorneys
1241 01:26:00 and you go into debt.You know
1242 01:26:04 It's just crazy.You know
1243 01:26:08 I spent over 300 days in jailbefore they finally dropped the charges.
1244 01:26:15 They ruined my life because of it.before they finally dropped the charges.
1245 01:26:19 It's just a very scary feelingbefore they finally dropped the charges.
1246 01:26:22 to know that somebody's wordscan be so life changing.
1247 01:26:27 There's a lot of pressureon child-abuse pediatricians
1248 01:26:30 to be able to say definitivelyon child-abuse pediatricians
1249 01:26:31 that this was abuseon child-abuse pediatricians
1250 01:26:34 But these kinds of casesare way too complicated
1251 01:26:37 to be black and white.are way too complicated
1252 01:26:39 Often they're in a gray area.are way too complicated
1253 01:26:42 So when there is just one personwhose word is like gold
1254 01:26:47 opinionswhose word is like gold
1255 01:26:52 and starts to play a hugewhose word is like gold
1256 01:26:59 Since 2016whose word is like gold
1257 01:27:03 with our family's picture on itwhose word is like gold
1258 01:27:05 so she's reminded of a familythat she tried to break apart but didn't.
1259 01:27:12 She wrote me back one yearthat she tried to break apart but didn't.
1260 01:27:16 and this is what she said.that she tried to break apart but didn't.
1261 01:27:17 "Dear Mr. and Mrs. Grahamthat she tried to break apart but didn't.
1262 01:27:20 and just wanted to sayI'm sorry you're still so angry
1263 01:27:23 about my partin the investigation regarding your son."
1264 01:27:27 "There are definitely a disturbing numberin the investigation regarding your son."
1265 01:27:29 of abused and neglected childrenin Pinellas County."
1266 01:27:32 "I understand you feel very stronglythat your son wasn't one of them."
1267 01:27:36 "You mentioned in your notethat your son wasn't one of them."
1268 01:27:38 that Tristan was foundto have another diagnosis
1269 01:27:41 and if you have a chanceto have another diagnosis
1270 01:27:42 I would very much like to hearwhat that was
1271 01:27:45 so I can consider it appropriatelynext time."
1272 01:27:48 "I try very hardto be thorough and get it right."
1273 01:27:53 "But perhaps…"to be thorough and get it right."
1274 01:27:56 "…I need to be carefulto consider the 'gray areas.'"
1275 01:28:02 If there's gray areasto consider the 'gray areas.'"
1276 01:28:05 this is just based on her… her opinion.to consider the 'gray areas.'"
1277 01:28:10 There's been so many casesto consider the 'gray areas.'"
1278 01:28:12 so many families that have been affectedand wrongly accused.
1279 01:28:17 How many times are you allowed to be wrongand destroy lives before they say
1280 01:28:23 "Okayand destroy lives before they say
1281 01:28:26 What is it truly gonna take?and destroy lives before they say
1282 01:28:44 Shh.and destroy lives before they say
1283 01:28:47 It's okay.and destroy lives before they say
1284 01:28:49 Yeahand destroy lives before they say
1285 01:28:56 Courtroom H.and destroy lives before they say
1286 01:29:01 They stopped usfrom having our jury selection on Monday.
1287 01:29:06 It is now Tuesdayfrom having our jury selection on Monday.
1288 01:29:09 and we have one more chanceto go in front of the judge and
1289 01:29:16 see if we could continueto have this trial
1290 01:29:19 starting tomorrow with the jury selection.to have this trial
1291 01:29:24 If notto have this trial
1292 01:29:29 We just gotta get off this ride.It's a horrible ride.
1293 01:29:43 Last nightIt's a horrible ride.
1294 01:29:50 and I'm hoping thatthey could finally hear me for once.
1295 01:29:58 I want them to knowmy mom was a good person.
1296 01:30:03 I want them to know how strong she wasand how determined she was.
1297 01:30:12 I think I'm mainly going there for her.and how determined she was.
1298 01:30:17 This trial meanseverything to them
1299 01:30:19 becauseeverything to them
1300 01:30:24 They need the world to hear their story.everything to them
1301 01:30:27 It doesn't mean you fix iteverything to them
1302 01:30:34 All rise. This 12th JudicialCircuit Court in and for Sarasota County
1303 01:30:37 is now in session.Circuit Court in and for Sarasota County
1304 01:30:38 The Honorable Hunter Carroll presiding.Circuit Court in and for Sarasota County
1305 01:30:41 Please be seatedCircuit Court in and for Sarasota County
1306 01:30:45 I moved 2Circuit Court in and for Sarasota County
1307 01:30:50 but we are now getting pastthe window of opportunity
1308 01:30:55 to start the case.the window of opportunity
1309 01:30:56 That… That's just where I'm at.the window of opportunity
1310 01:30:58 I understand thatthe window of opportunity
1311 01:31:00 but there'sextenuating circumstances here
1312 01:31:02 and I have the abilityto cut the case down
1313 01:31:05 to the bare minimum to get the case done.to cut the case down
1314 01:31:09 How do you get aroundthe Second District Court of Appeal
1315 01:31:12 having stayed the trial?the Second District Court of Appeal
1316 01:31:14 I meanthe Second District Court of Appeal
1317 01:31:19 Uh…the Second District Court of Appeal
1318 01:31:20 I don't see any limitationthe Second District Court of Appeal
1319 01:31:22 in the Court's jurisdictionto pick a jury
1320 01:31:26 and I will do absolutely anythingthat's necessary
1321 01:31:29 to get the case triedwithin the requisite period.
1322 01:31:33 Mr. Altenberndwithin the requisite period.
1323 01:31:36 I just don't see how it's feasible.within the requisite period.
1324 01:31:39 I… I'm at the pointwithin the requisite period.
1325 01:31:41 that I feel like there's justtoo much uncertainty at this point
1326 01:31:44 so at this pointtoo much uncertainty at this point
1327 01:31:49 Uhtoo much uncertainty at this point
1328 01:31:54 uhtoo much uncertainty at this point
1329 01:31:58 or further order of the Court.too much uncertainty at this point
1330 01:32:01 Is there anything elsetoo much uncertainty at this point
1331 01:32:04 Yestoo much uncertainty at this point
1332 01:32:06 The Kowalskis are heretoo much uncertainty at this point
1333 01:32:07 and they just wanted to speak to the courtif that's all right.
1334 01:32:11 Wellif that's all right.
1335 01:32:15 I don't know where this is going.I don't think it's a good idea.
1336 01:32:18 Um… I… I think it's probablybest to just leave it at that.
1337 01:32:22 So… with thatbest to just leave it at that.
1338 01:32:26 Okaybest to just leave it at that.
1339 01:32:28 -Okay. Thank you all very much.-Your Honor.
1340 01:32:32 All rise. Court is in recess.-Your Honor.
1341 01:32:49 Okay…-Your Honor.
1342 01:32:54 It's okay. It's all right.-Your Honor.
1343 01:32:58 I can't…-Your Honor.
1344 01:33:29 Can I sit in the front?-Your Honor.
1345 01:33:30 Yeah.-Your Honor.
1346 01:33:38 Heartless bastards.-Your Honor.
1347 01:33:42 They're just gonna continue to beat us up.-Your Honor.
1348 01:33:48 They don't give a shit.-Your Honor.
1349 01:33:49 So…-Your Honor.
1350 01:33:50 Please stop talking.I don't wanna hear it anymore.
1351 01:34:23 Come here.I don't wanna hear it anymore.
1352 01:34:25 It's not fairI don't wanna hear it anymore.
1353 01:34:28 It's never gonna end!I don't wanna hear it anymore.
1354 01:34:32 It's never gonna endI don't wanna hear it anymore.
1355 01:34:36 Nothing works.I don't wanna hear it anymore.
1356 01:34:38 I pray every single night.I don't wanna hear it anymore.
1357 01:34:41 Nothing. It doesn't help.I don't wanna hear it anymore.
1358 01:34:51 This has not been a good day.I don't wanna hear it anymore.
1359 01:34:53 The kids are totally crushed.I don't wanna hear it anymore.
1360 01:34:58 I'm crushed.I don't wanna hear it anymore.
1361 01:35:01 It wears you out.I don't wanna hear it anymore.
1362 01:35:05 But if we give up and shut our mouthsI don't wanna hear it anymore.
1363 01:35:08 it's gonna happen again.I don't wanna hear it anymore.
1364 01:35:10 It's just a matter of time.I don't wanna hear it anymore.
1365 01:35:16 This doesn't just endwith the Kowalskis
1366 01:35:21 Families all across the countrywith the Kowalskis
1367 01:35:23 are coming forward with storiesabout being accused of child abuse.
1368 01:35:29 Some families are stuckin the legal system for years
1369 01:35:31 battling these accusations.in the legal system for years
1370 01:35:34 Some parents are in prison to this day.in the legal system for years
1371 01:35:40 The Kowalski familyin the legal system for years
1372 01:35:45 and trying to bring awarenessto this issue
1373 01:35:48 that has been shroudedin so much shame and secrecy.
1374 01:35:59 Speeding.in so much shame and secrecy.
1375 01:36:01 The windowsin so much shame and secrecy.
1376 01:36:05 We want Beata's voice to be heard.in so much shame and secrecy.
1377 01:36:11 We good on focus?in so much shame and secrecy.
1378 01:36:13 We want Maya's voice to be heard.in so much shame and secrecy.
1379 01:36:18 Yep. Great. Thank you.in so much shame and secrecy.
1380 01:36:19 Mayain so much shame and secrecy.
1381 01:36:21 You okay?in so much shame and secrecy.
1382 01:36:30 I want to speak.in so much shame and secrecy.
1383 01:36:33 But I just… I can't without crying.in so much shame and secrecy.
1384 01:36:39 I hate crying.in so much shame and secrecy.
1385 01:36:44 It's okay if you have to cry.in so much shame and secrecy.
1386 01:36:47 It's… It's normal.in so much shame and secrecy.
1387 01:36:50 You have to speak for yourself nowbecause Mommy is not there.
1388 01:36:56 Just close your eyesand pretend I'm there.
1389 01:37:03 I know it's not the sameand pretend I'm there.
1390 01:37:11 If you're watching thisand pretend I'm there.
1391 01:37:17 Send you kisses.and pretend I'm there.
1392 01:37:19 You'll know it's from me.and pretend I'm there.
1393 01:37:40 "Dear Mom."and pretend I'm there.
1394 01:37:43 "Saying that life has felt fucked upsince you left
1395 01:37:46 is probably the biggest understatementI could make."
1396 01:37:51 "DadI could make."
1397 01:37:57 "Dad distracts himselfI could make."
1398 01:37:59 by helping the neighborswith painting projects."
1399 01:38:03 "Kyle does his best to escapeby fishing for hours."
1400 01:38:09 "When pouring all my energy intomy schoolwork got to be too exhausting
1401 01:38:13 I started to book every secondof my free time with friends
1402 01:38:17 outside of the houseand away from reminders."
1403 01:38:23 "But as soon as we step footinto our home
1404 01:38:26 we are brought back to reality."into our home
1405 01:38:30 "We miss you."into our home
1406 01:38:33 "I miss you."into our home
1407 01:38:36 "For five yearsinto our home
1408 01:38:40 "Yet it seems thatthe closer we get to a set date
1409 01:38:43 the further it gets pushed."the closer we get to a set date
1410 01:38:46 "Even though we are discouragedthe closer we get to a set date
1411 01:38:51 "We will fight for youthe closer we get to a set date
1412 01:38:52 and we will fightfor the thousands of other families
1413 01:38:55 who find themselvesin the same unfortunate circumstances."
1414 01:39:03 "Our day will come. I love you."in the same unfortunate circumstances."
1415 01:39:11 I love you too.in the same unfortunate circumstances."
1416 01:39:13 I love you too.in the same unfortunate circumstances."
1417 01:39:18 We build a family with love.in the same unfortunate circumstances."
1418 01:39:22 Honesty.in the same unfortunate circumstances."
1419 01:39:27 Trust.in the same unfortunate circumstances."
1420 01:39:34 Wein the same unfortunate circumstances."
1421 01:39:41 You do everything for them.in the same unfortunate circumstances."
1422 01:39:47 That's what Beata and I did.in the same unfortunate circumstances."
1423 01:41:44 So our son Leo was bornwith a rare genetic disorder.
1424 01:41:48 I noticed that something was wrongwith his right leg.
1425 01:41:51 She was crying and moving her armin a weird way when we picked her up.
1426 01:41:55 DHS called and saidin a weird way when we picked her up.
1427 01:42:00 We went to the emergency roomin a weird way when we picked her up.
1428 01:42:04 The child-abuse pediatrician came inin a weird way when we picked her up.
1429 01:42:07 and said there was no other explanationother than abusive head trauma.
1430 01:42:12 They never lookedinto his medical history.
1431 01:42:14 Never did any type of due diligenceto see what had been going on.
1432 01:42:17 And I saidto see what had been going on.
1433 01:42:21 because my son has never been hurtin any way?"
1434 01:42:24 And he saidin any way?"
1435 01:42:26 we're gonna go with abusein any way?"
1436 01:42:28 I thought I was doing the right thingby taking my child to the hospital
1437 01:42:32 and I honestly had no ideawhat the consequences could be.
1438 01:42:37 We went in there with two babiesand left with none.
1439 01:42:40 I spent 15 years in prison.and left with none.
1440 01:42:42 My fatherand left with none.
1441 01:42:45 and he's been there for 26 years.and left with none.
1442 01:42:48 It's not "You're innocentuntil proven guilty."
1443 01:42:52 It's "You're guiltyuntil you prove your own innocence."
1444 01:42:55 I just cannot even believethat this is the actual system
1445 01:42:58 that is set in place to protect children.that this is the actual system
1446 01:43:00 We'd never thoughtthis ever would have happened to us.
1447 01:43:03 But this canthis ever would have happened to us.
1448 01:43:06 The traumathis ever would have happened to us.
1449 01:43:12 Yeah.this ever would have happened to us.
