Judy Potter Attorney at Law 356 Spurwink Avenue Cape Elizabeth, Maine 04107 E-mail: email@example.com Telephone No. 207-799-5453 Cell Phone No.207-232-1650 Fax No. 207-799-8119 January 28, 2012 District Attorneys Office Cumberland County Attention: Stephanie AndersonDear Stephanie,The following is a synopsis of the events which occurred at the day care center in Cape Elizabethon January 27. 2012. They are different from those described in an e-mail I recently receivedfrom Mr. Michael Waxman which was sent to a number of authorities in Maine.Lori arrived in Portland Thursday night. She stayed at hotel at airport. On Friday morning shewent over to the neighborhood sometime after six in the morning. She parked two streets awayfrom Igors house and waited. She saw Lillie leave the house at about nine twenty with Mila. Shefollowed her to see where she was going hoping to find Mila in a public place so she could pickher up for her court-ordered visit. She had a copy of the court order with her.When she saw Lillie and Mila get out of the car. Lillie was holding Milas hand and walking upthe hill towards a day care facility. Lori then figured out that Mila was at a day care facility withwhich Lori was familiar. Lori got out of the car and walked towards Lillie and Mila and saidMila its your mom. Mila turned towards Lori and yelled, "mama".Lillie realizing it was Lori started dragging Mila up the street by her arm screaming hysterically"run. Mila, run". Then Lori ran after them and tried to pick up Mila in her arms. Lillie wouldnot let go and she started twisting Milas arm as a result. Lori was trying to pry Lillies fingersoff of Milas hand. Mila was in Loris arms in front of her. Lillie was behind Loris back. Milawas saying I want Lillie. Lori kept saying its your mom, its your mom. Lori started yelling atLillie let go of my daughter. Im her mother, let go. Lori finally got Mila free. Lillie then attacked Lori from behind, knocking her down with Mila in her arms. Her legs werecovered with mud from falling to the ground and there is a bruise on her knee as a result. Shefell on her knees to protect Mila from hitting the ground. While Lillie was attacking her frombehind, Lori tried to push her away and off of her.
Then parents came out. Lillie kept trying to grab Lori. Lori kept trying to push her away. saying,get away get away. The day care personnel tried to take the child away from Lori. Lori said this ismy daughter. I am her mother. I have joint custody. I have a right to pick her up.Somehow Lillie was restrained. Lori with Mila and the daycare provider walked towards theschool, followed by Lillie and the other parents. Lori and Mila were under the eve of the schoolout of the rain. Lori started talking quietly to Mila and Mila started giggling with her. She askedMila, do you remember me Im your mother, Im your mother. They were interacting calmly.Cape Elizabeth police showed up and ordered Lori to let the child go to the school or they wouldarrest her for criminal restraint. They apparently were unaware of the fact that it is an defense tothe crime of criminal restraint when the activities are those of a parent of the person allegedlybeing restrained. It is unclear who told the officers that the crime of criminal restraint coveredactions of parents.Lori let the child go into the school. Lori was asked by the officers whether she had custody. Lorishowed them the judgment. Lori went back to the police car and complained that Lillie hadassaulted her. They told her to stay in the car and told her that Michael Waxman and Igor wereshowing up.When Igor and Waxman arrived, the officers went into the school and talked to Mr. Waxman andIgor. When the police officer came back, he said that the judgment permitted Igor to denyvisitation to Lori. It is unclear from whom he received that information.The Officer took a picture of the muddied pant legs and her injured knee. The officer instructedLori three times not to return to the school or else she would be charged with criminal trespass.According to Waxmans e-mail Lily was "so focused on protecting Mila that she initially did notrecall being hit by Handrahan. Later, however, according to Mr. Waxman "she did recall thishappening and visited the Cape Elizabeth Police to make a complaint." Curious.Lillie may well have committed the crime of criminal restraint. According to 17-A M.R.S.A. &302 a person is guilty of criminal restraint if knowing that the actor has no legal right to do so, theactor intentionally or knowingly takes, retains or entices a person who is less than eight years old.It is a defense that the actor is a parent of the other person. Lillie was not the parent of the otherperson.Further, Lori has the right to use physical force in defense of a person. 17-A M.R.S.A. &108 Aperson is justified in using a reasonable degree of nondeadly force upon another person in order todefend the person or a third person from what the person reasonably believes to be the imminentuse of unlawful, nondeadly force by such other person. Such person may use a degree of suchforce that the person reasonably believes to be necessary for such purpose.You were called about the situation and asked Judge Moskowitz about the terms and conditions ofthe order. Judge Moskowitz told you that Igor did not have the right under the language of theorder to prohibit Lori from contact with the child on her weekends.
You advised the Cape Elizabeth police of this fact. Notwithstanding this advice, according toMr. Waxman said to the police officer: It seems to me we have an attorney, Stephanie Anderson, telling you to give the child to Handrahan. and another attorney, me telling you to give the child to Igor. Isnt this a civil matter to be handled by the Court? The police officer called DHHS and then informed Mr. Waxman that one Melissa Williams from DHHS was instructing him to allow Igor to have Mila.I find it extraordinarily curious that DHHS would ignore a court order. Further, I find it curiousthat this police officer never informed me about the conversation with DHHS. Rather he told meto go to the South Portland Police Department to obtain their assistance. He said he would callthe officer in charge of the shift about the matter. When I arrived at the South Portland PoliceDepartment, I was told by the officer in charge that they would not help us retrieve the child andthat it was a DHHS matter. Had the Cape Elizabeth Police Officer told me about theconversation with DHHS, I would have never bothered the South Portland Police Departmentabout the matter.Very truly yours,Judy Potter, Esquire