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October 28, 2009Stephanie AndersonCumberland County District AttorneyDear District Attorney Anderson:Under the guise of “aggressive lawyering” and “co-parenting rights” for his client, my formerhusband, Igor Malenko, Mr. Michael Waxman, I believe, is guilty of stalking under Maine LawTitle 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 9:OFFENSES AGAINST THE PERSON §210-A. Stalking.1.A person is guilty of stalking if: A. The actor intentionally or knowingly engages in a course ofconduct directed at or concerning a specific person that would cause a reasonable person: (1)To suffer serious inconvenience or emotional distress;In addition to going after me, Mr. Waxman has systematically threatened to sue, prosecuteand/or bring investigations against: • my daughter’s caregivers • day-care provider • medical doctor • all but one of my lawyers, or would be lawyers, • friends • mandatory reporter to DHHSAs a result of Mr. Waxman’s threats: • My daughter has lost her day-care, which we loved and where she was (and would still be) for over a year. Please see attached. This had an immediate impact on my employment. As a single mother high quality, reliable day-care is essential. As we were removed from the daycare on a moment’s notice my employment suffered. • My daughter lost her medical doctor, who was also a neighbor, close friend and child- care provider. Maine Medical Legal Department told Dr. Trevor Braden, after Mr. Waxman’s series of threatening letters that it would be better if Dr. Braden not be Mila’s doctor. • Threatened Ken Altshuler, my lawyer, with prosecution. Called Jamie Wagner’s home and emailed so many times that Jamie Wagner, an old family friend and would-be lawyer, decided it would be better not to take me on as a client. See attached emails. • Threatened Bill Harwood, my current lawyer, representing me pro bono from Verrill Dana, with Section 11 unless Mr. Harwood recants his statement in a motion that I need
to move to my home in Down east Maine (from S. Portland) just get away from Mr. Waxman’s systematic threats and harassment of anyone who has anything to do with me or my daughter. • Had a private detective call my real estate agent and had a private detective track down the work place of a woman who is staying at my South Portland home, and twice aggressively questions her at her work place, in front of her colleagues demanding to know where I was because “they couldn’t find me” and demanding to know who she was and what she was doing in my home. • There is a second private detective trailing me in Sorrento Maine. I have no proof but I and my neighbors have seen an unknown car often around my residence, taking pictures of me and my daughter. As of yet I have been unable to get the plates. I have an email from my former husband to Mr. Waxman, imploring him to get Beth Engle, the PI in Portland, up to Sorrento or get someone else up there to take pictures of me and monitor me. Please see attached email. • Threatened Director of the AG’s SAFE program, Polly Campbell, whom my child disclosed sexual abuse to, and who made a report to DHHS about this disclosure, multiple times. Please see attached emails. • Called Rep. Terry Morrison, who sponsored the legislation I wrote to attempt to change Maine custody law when domestic violence is a factor, with a clear attempt to intimidate. • There is a “knock-on” effect where other friends and care-givers having witnessed Mr. Waxman’s threats of others, asked me not to bring my daughter to their home and told me they would no longer be coming to my home for play dates. The chilling effect has been isolation for me and my daughter.Mr. Waxman is using the law to stalk and threaten me and those who come in contact with me.He has represented my former husband pro-bono for over a year and half. During this time hehas filed so many motions, my lawyers have lost count. Additionally, he has threatened me withcontempt of court and to have my child removed from my custody countless times.There is a clear intent of using litigation to cause me and my child’s financial destruction whichhas been very successful. I have spent over $200,000 on legal bills and only now, as I am closeto bankruptcy, have a lawyer representing me pro bono. This lawyer has already called Mr.Waxman’s’ behavior “an abuse of process” and “scorched earth litigation.” It is, in fact, legalstalking and the damage has been very real.2. A. "Course of conduct" means 2 or more acts, including but not limited to acts in which theactor, by any action, method, device or means, directly or indirectly follows, monitors, tracks,observes, surveils, threatens, harasses or communicates to or about a person or interferes with aperson’s property. "Course of conduct" also includes, but is not limited to, threats implied byconduct and gaining unauthorized access to personal, medical, financial or other identifying orconfidential information. [2007, c. 685, §1 (AMD).]
There have certainly been far more than two threats not only to me (every motion Mr. Waxmanfiles he threatens to have my child removed from my care my former husband as well threatensin many emails to have the judge “strip me of my parental rights”) but threats to nearly anyonepublically involved in my life, as documented above. I am also being watched on a regular basis.D. "Emotional distress" means mental or emotional suffering of the person being stalked asevidenced by anxiety, fear, torment or apprehension that may or may not result in a physicalmanifestation of emotional distress or a mental health diagnosis. [2007, c. 685, §1 (NEW).]The emotional distress is enormous. To constantly be threatened with taking my child away fromme, to be under surveillance, and to know that anyone who gets involved in my life is subject tothreats of lawsuits has caused tremendous emotional distress. The financial destruction has beenextremely distressing.I am in constant fear that my daughter will be asked to leave her new Montessori pre-school thatshe and I love and where she is thriving, once Mr. Waxman begins to threaten and harass. I don’tdare to ask anyone to babysit for my daughter for even a few hours, without fear that Mr.Waxman will harass them, demand to know their “child-care credentials” etc.I cannot make any normal and routine life choices, like doctors, schools, friends, care-givers, andlawyers, without fear that Mr. Waxman will begin to harass and threaten them and they willeventually disengage from my life in an effort to remove themselves as a target.E. "Serious inconvenience" means that a person significantly modifies that persons actions orroutines in an attempt to avoid the actor or because of the actor’s course of conduct. "Seriousinconvenience" includes, but is not limited to, changing a phone number, changing an electronicmail address, moving from an established residence, changing daily routines, changing routes toand from work, changing employment or work schedule or losing time from work or a job.[2007, c. 685, §1 (NEW).] [ 2007, c. 685, §1 (AMD) .]In an effort to resume a normal life, I hope to remain in Downeast Maine where I have a home. Itis not my choice to be here but rather a safe harbor from Mr. Waxman’s systematic stalking ofme on behalf of his client. Mr. Waxman’s stalking is a direct cause of my desire to remain inDowneast Maine. Mr. Waxman’s staking has caused me lost time from work, when I lost childcare, and this in part, losing my job.The Overseers of the Bar counsel has recommend Mr. Waxman for sanctions in violations of Barrules. The Bar, in the end, may stop Mr. Waxman; however a hearing would not occur foranother 5-6 months. In the meantime, the chilling effect that Mr. Waxman’s stalking is having onmy life and my daughter’s life continues.Sincerely,Lori Handrahan