RAW COURT AUDIO-MAYA TRIAL-Part 3-Florida Hospital Seeks New Trial Amid Juror Misconduct Claims
Dec 16, 2023, 02:30 AM
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Johns Hopkins All Children’s Hospital (JHAC) in St. Petersburg, Florida, found itself back in court on Friday, seeking a new trial following a groundbreaking civil case where they were found liable for mistreating a chronically ill young girl, Maya Kowalski, and her family, ultimately resulting in the tragic death of Beata Kowalski, Maya's mother.
The hospital's ordeal, as depicted in the Netflix documentary "Take Care of Maya," gained critical acclaim for exposing the alleged mistreatment of the young girl and her family. In a civil trial earlier this year, a six-person jury in Sarasota County unanimously ruled in favor of the Kowalski family, awarding them a staggering $261 million in compensatory and punitive damages, far exceeding their initial request.
However, JHAC is now compellingly arguing for a new trial, primarily based on allegations of juror bias and misconduct.
The hospital's attorney raised several key points during the recent proceedings:
1. **Juror Misrepresentation:** JHAC's legal team alleged that Juror No. 1 misrepresented material information during jury selection. The juror failed to disclose that he had been a victim of a crime in the past, specifically a threat by his stepson. This omission, the hospital claims, would have led to further questions and potentially the juror's exclusion during jury selection.
2. **Past Injunction for Domestic Violence:** The hospital asserted that Juror No. 1 was served with an injunction for domestic violence in 2002. While the details are sealed, the hospital argued that this incident should have been disclosed and could have led to the juror's removal from the jury pool.
3. **Bias against a Hospital Employee:** The hospital pointed out that Juror No. 1 displayed bias against a hospital employee named Sally Smith. The juror's note during the trial, which resembled the letter "S" used in the Nazi Schutzstaffel symbol, raised concerns about his impartiality.
4. **Alleged Communications During the Trial:** JHAC also alleged that Juror No. 1's wife made social media postings during the trial, which suggested communication about the case between the juror and his wife. The hospital requested an inspection of their electronic devices to review their text messages if a juror interview is granted.
In response, the plaintiff's attorney argued that the hospital's case relies heavily on assumptions and coincidences from a high-profile trial that was publicly broadcast. They emphasized that the alleged misrepresentations and biases were easily explainable and inconsequential, portraying them as a conspiracy.
The plaintiff also addressed the 2016 affidavit filed against the juror's stepson, clarifying that it did not result in a conviction or any violent crime and occurred before the juror's marriage.
Regarding the sharp-angled "S" letters in the juror's note, the plaintiff's attorney presented evidence showing that similar letters have been commonly used for a long time and should not be associated with Nazi symbols.
The judge presiding over the case, Hon. Carroll, will decide in the coming week whether a juror interview will be conducted. The resolution of this issue and other matters, including JHAC's request for a new trial, will depend on this decision.
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The hospital's ordeal, as depicted in the Netflix documentary "Take Care of Maya," gained critical acclaim for exposing the alleged mistreatment of the young girl and her family. In a civil trial earlier this year, a six-person jury in Sarasota County unanimously ruled in favor of the Kowalski family, awarding them a staggering $261 million in compensatory and punitive damages, far exceeding their initial request.
However, JHAC is now compellingly arguing for a new trial, primarily based on allegations of juror bias and misconduct.
The hospital's attorney raised several key points during the recent proceedings:
1. **Juror Misrepresentation:** JHAC's legal team alleged that Juror No. 1 misrepresented material information during jury selection. The juror failed to disclose that he had been a victim of a crime in the past, specifically a threat by his stepson. This omission, the hospital claims, would have led to further questions and potentially the juror's exclusion during jury selection.
2. **Past Injunction for Domestic Violence:** The hospital asserted that Juror No. 1 was served with an injunction for domestic violence in 2002. While the details are sealed, the hospital argued that this incident should have been disclosed and could have led to the juror's removal from the jury pool.
3. **Bias against a Hospital Employee:** The hospital pointed out that Juror No. 1 displayed bias against a hospital employee named Sally Smith. The juror's note during the trial, which resembled the letter "S" used in the Nazi Schutzstaffel symbol, raised concerns about his impartiality.
4. **Alleged Communications During the Trial:** JHAC also alleged that Juror No. 1's wife made social media postings during the trial, which suggested communication about the case between the juror and his wife. The hospital requested an inspection of their electronic devices to review their text messages if a juror interview is granted.
In response, the plaintiff's attorney argued that the hospital's case relies heavily on assumptions and coincidences from a high-profile trial that was publicly broadcast. They emphasized that the alleged misrepresentations and biases were easily explainable and inconsequential, portraying them as a conspiracy.
The plaintiff also addressed the 2016 affidavit filed against the juror's stepson, clarifying that it did not result in a conviction or any violent crime and occurred before the juror's marriage.
Regarding the sharp-angled "S" letters in the juror's note, the plaintiff's attorney presented evidence showing that similar letters have been commonly used for a long time and should not be associated with Nazi symbols.
The judge presiding over the case, Hon. Carroll, will decide in the coming week whether a juror interview will be conducted. The resolution of this issue and other matters, including JHAC's request for a new trial, will depend on this decision.
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Cases: https://www.truecrimetodaypod.com
The latest on Catching the Long Island Serial Killer, Awaiting Admission: BTK’s Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com