‘Take Care of Maya’ trial: Judge determines no juror misconduct took place in $260M case
SARASOTA, Fla. - A juror in the ‘Take Care of Maya’ trial returned to a Sarasota County courtroom on Wednesday to undergo questioning by Judge Hunter Carroll after attorneys for Johns Hopkins All Children's Hospital accused him of misconduct.
"Did you speak with anyone, including your wife that would have to do with anything of this case," asked Judge Carroll.
"No I did not," said Paul Lengyel, the juror who was questioned in court Wednesday.
Lengyel, Juror No. 1 and the foreman, appeared in court and was questioned by Judge Carroll on four concerns from the hospital's defense team, including if he violated the court order to not discuss or do outside research on the case. Questioning only took a few minutes, and the judge said, based on what he heard, the juror did not violate any order.
"At the end of the day, the defense has failed to demonstrate any juror misconduct," the judge said after the interview. "The court will deny the motion for a new trial based on juror misconduct."
Maya Kowalski's family sued Johns Hopkins All Children’s Hospital, claiming its actions led family matriarch Beata Kowalski to take her own life. A judge ordered Maya to be sheltered at the medical facility under state custody while allegations of child abuse were investigated. The judge said Maya was not allowed to have physical contact with her mother. After 87 days without seeing her daughter, Beata Kowalski died by suicide. The case was the premise of the Netflix documentary ‘Take Care of Maya’.
Less than two months ago, a jury awarded the Kowalski family $260 million, finding that the hospital falsely imprisoned Maya, fraudulently billed her family, caused them severe emotional distress, and that social worker Catherine Bedy had battered Maya, and Dr. Sally Smith medically neglected her.
Attorneys for Johns Hopkins All Children's Hospital have since demanded a new trial and filed several motions alleging juror misconduct and bias. They claim the juror in question ‘tainted’ the verdict in the case and is cause for mistrial.
Jury finds hospital liable in 'Take Care of Maya' trial
After two days of deliberation, the jury returned a verdict, finding the hospital liable for all seven claims levied against it. The Kowalski family - Maya, Jack, and Kyle - shed tears as the jury read their decision on a case that was years in the making.
The juror underwent a limited interview because hospital attorneys say he, among other things, lied on a jury questionnaire, made up his mind before deliberations began and used Nazi symbols when taking notes about Dr. Sally Smith, according to court documents.
"Did you see your wife in court that day?" asked Judge Carroll.
Lengyel responded, "No, I did not."
"Did you have any knowledge prior to October 30 that she was going to court," asked Judge Carroll.
Lengyel responded, "She told me that morning that she wanted to go and sit in court, and I said ‘fine by me,’ and that was the end of the conservation."
"You didn’t see her in court?" asked Judge Carroll.
"Because of my eye sight, my diabetes neuropathy eyesight, I can only see figures in the gallery right now. I can’t find anybody," said Lengyel.
Of the many accusations that the defense team has hurled at the juror, Judge Hunter Carroll found that there was enough credibility in four of the issues to bring the juror in for questioning.
The defense attorneys accuse the juror of sharing information about the case with his wife. She attended the trial in-person and frequently posted her thoughts about the case on social media.
Hospital attorneys claim that the questions the juror was asking at times were far too close to the things his wife was posting online. They say the couple was sharing information, which is against the rules.
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Meanwhile, the Kowalskis' attorneys say that the spouse’s interest in the case does not prove anything nefarious was taking place.
The juror was also questioned about two key disclosure issues, including whether he failed to disclose his involvement in a Broward County child welfare case that involved the Florida Department of Children and Families.
The hospital’s attorneys argue that his experience in that case may have biased him against the agency that ultimately separated Maya from her parents and ordered that she be sheltered at Johns Hopkins All Children’s Hospital.
Maya Kowalski in the hospital.
Judge Carroll also looked into whether the juror misled the court when he said he had no knowledge of attorney Debra Salisbury, who represented the Kowalski family while Maya was in state custody.
The motion filed by the defense claims that Salisbury also represented the juror’s wife during a 2007 domestic relations proceeding.
Lawyers for Johns Hopkins All Children’s Hospital had asked for the juror to be removed before the case went into deliberations. Initially, an attorney for the Kowalski family agreed, but then reversed course and decided not to let go of the juror at the request of his client.
The line of questioning did not shock the Kowalski family's attorney, Greg Anderson. While the jury sided with the family, he is prepared for the case to continue on with additional motions and an appeal.
"If the defense was given the ability, they would never have stopped digging. They would never stop peeling the onion with the juror and that’s just not the way the system operates," said Anderson.
Attorneys for the hospital said they thank the court for interviewing the jury foreman. They will continue to pursue an appeal and look forward to presenting their case to the Court of Appeals.