Review of waxman emails 2009 2011

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Review of waxman emails 2009 2011

  1. 1. Summary of Mr. Waxman’s Emails & Actions 2009-2010Mr. Waxman’s Contact with Mila • “Why did Michael say he loves me?” Mila to Dr. Handrahan 7 December 2009 • “This is disgusting. I care for Mila Malenko. We had a birthday celebration for her and I bought her a nice gift. My kids played with her over Thanksgiving, doing puzzles and laughing.” Mr. Waxman to Bill Harwood 17 December 2009 • “damages my friendship with Igor and Mila…Whom Mila and Igor befriend is none of your business….Ms. Handrahan’s shameful PFH already prevented me from spending time with Mila over Christmas, giving her a gift, or even wishing her Happy New Year….Does this seem like it is something that is in Mila’s best interest?” Mr. Waxman email to Ms. Spurr 4 January 2010. • “This may be a game to you but…. I miss spending time with Mila Malenko, who is a delightful child, with whom my family and I had been developing a healthy, nurturing bond.” Mr. Waxman email to Ms. Spurr 4 February 2010. • “For over a month now, I have had to live under a cloud of anxiety that your client may maliciously and falsely claim that I am having contact with Mila Malenko and I shall be hauled off to jail… Shame on you for agreeing to be part of this. Shame on you for allowing yourself to become a pawn in Ms. Handrahans hurtful schemes.” 26 January 2010 Mr. Waxman email to Ms. Spurr. • “Mama we slept in bunk beds at Michael’s house! Michael had a birthday and Oscar the Grouch was there!! Mama, Poppa and Mila went upstairs so that Michael wouldn’t see Mila and Poppa naked.” ---Mila told me on November 29th 1
  2. 2. when I picked her up from a visit with Mr. Malenko. It was Mila’s birthday on November 29.• “We did see Michael and his family and Mila had a great time. She actually likes Michael very much and loves his children and nieces. She played with this sister’s daughter Addy who is six and had a great time.” ---2 December 2009 email from Mr. Malenko to me.• “Mila told me that Poppa said that Poppa and Mila are going to move into a big house with 3 bedrooms and a big yard for Mila to play in very soon… She said Poppa told her that I was too busy with work to have her live with me anymore… She was very upset about this, crying and asking if it were true… I’d also like to know why Mila is telling me that Michael Waxman is telling Mila that he loves her very much.” Dr. Handrahan email to Mr.Malenko December14 2009.• “I would never suggest anything like that to Mila. Only you can produce things like this… Are you trying to suggest that now Michael somehow is doing something improper? You think that you can pull this stuff aging? …You are manipulating Mila, emotionally abusing her and confusing her. Just few minutes after that she forgot what you coached her and since she didn’t need to please you and watch what she was saying, she said that she would love to see Michaela…. It is very sad that you do this to Mila. I told you that I am not going to accept this. It is very bad parenting. You should stop this immediately. “ Mr. Malenko’s response to Dr. Handrahan December 14 2009.• “If someone has good intentions and wants only good things for Mila besides her parents, it is Michael” --8 November 2009 email from Igor Malenko—email possibly written by Mr. Waxman.• “…. I will shall not rest until justice is done and that beautiful child is in a healthy, loving environment” ---31 August 2009 Mr. Waxman email to Bill Harwood.• “this is a child who needs to know that she is cared for and her world is safe” 25 March 2009 email from Mr. Waxman to Ken Altshuler• “You see, I care about Mila. For me, this is not a game.” ---29 April 2009 Mr. Waxman email to Ken Altshuler.• “Okey doeky mr. Mokey?” ----2 November 2009 pet name, apparently, that Mr. Waxman has for Mr. Malenko= Mr. Waxman to Mr. Harwood.• “A beautiful little girl” 3 December 2008 email from Mr. Waxman to then GAL Liz Stout. 2
  3. 3. • “Since you seem to be so concerned about the care provided to his "beautiful little girl". 8 June email from Ken Altshuler to Mr. Waxman.Contempt of Court, Stripping Parental Rights, Demands for SoleCustody, Other Threats & Defamation of Character • “She is a despicable human being and this move is transparent and shameless! She does not care at all about her child.” 20 August 2009 Mr. Waxman email to Jamie Wagner. • “Charles Manson may have had heartfelt beliefs that murdering those people was the right thing to do. BUT HE WAS MENTALLY ILL!!! So is Lori!!! … she has no empathy for her child. I think you ought to get the heck out of this case…Lori needs help but you are not qualified to give it. She needs psychiatric help.” ---31 August 2009 Mr. Waxman email to Bill Harwood. • “I have every intention of staying in this case as long as it takes. Further, I have no compunction investing not only my time, but my resources, and the very substantial resources of my family, if necessary. … This is personal for me at this point.”--29 April 2009 Mr. Waxman email to Ken Altshuler. • “We are done screwing around with Lori. She seems to think she can continue to treat this child as her property… let’s have a field day” ---28 April 2009 Mr. Waxman email to Ken Altshuler. • Unless you are able to corral Mr. Handrahan and persuade her to behave in a manner that shows she actually cares about what is best for Mila, my prediction is she will soon be stripped of all rights to this child.” ---16 September 2009 Mr. Waxman email to Bill Harwood • “I am going to file a Motion for Contempt squarely brining the issue of whether Lori has relocated before the judge and asking him to order her to return. Lori has no right to move to Sorrento. She can move there herself, certainly, just give Mila to Igor. …. I promise you I shall file motion after motion and you will expend a prodigious amount on time on this case…..” 8 September 2009 email from Mr. Waxman to Bill Harwood. 3
  4. 4. • “Bill are you still in this case? ….If you agree to retract the false statements you made in Paragraph 3 of your Motion to Modify…. I shall agree not to file a Motion for Sanctions under Rule 11..” 21 October 2009 email from Mr. Waxman to Bill Harwood• “I have determined that I do not wish to speak with you under any circumstances other than cross-examination before a judge with court security present.” 17 August email from Mr. Waxman to Dr. Handrahan.• “ an out of control rant composed by your client and sent to a host of people, including at least two judges!! It is defamatory. It is fictional. It is paranoid. It nicely illustrates what I have been saying to you about Lori for weeks. I honestly think that she is in a very bad, fragile emotional place. I am concerned that she is no longer competent to parent Mila Malenko, and I shall be sharing this document with the Court because Judge Moskowitz needs to understand what is truly happening in this case. Lori Handrahan needs help, Bill. And she needs it NOW!!!” 7 December 2009 email from Mr. Waxman to Bill Harwood.• “I think you underestimated the severity of Lori’s mental illness… Lori is a very, very, very sick individual…. You gave her the blueprint for false sexual abuse claims…. Her house of cards is falling down on itself with each passing day and it is only a matter of time before she loses her child completely.” ---26 August 2009 Mr. Waxman Email to Ken Altshuler see attached.• “Lori is willing to contaminate her daughter with horrible thoughts… I respectfully urge DHHS to take Mila out of her mother’s home immediately.” ---15 July 2009 Mr. Waxman email to DHHS and Spurwink.• “Moskowitz is going to be outraged at her behavior and throw the book at her. …Ms. Handrahan suffers from serious mental illness and has problems perceiving events and statements accurately. …. She is a client with Diminished Mental Capacity and thus you are authorized under the Bar Rules to take steps, including involving family members and others…” Mr. Waxman email to Bill Harwood• “Igor has a very serious and weighty obligation to protect his child from Ms. Handrahans emotional instability.” 8 December 2009 email from Mr. Waxman to Bill Harwood.• “ Attached is another Motion I am walking over to the Court this morning,…. It is clear to me that your client cannot be controlled, neither by you, attorney Altshuler, nor the Court….” 8 December 2009 email from Mr. Waxman to Bill Harwood. 4
  5. 5. • “So much for rising above your own selfishness… this is exactly why I had asked the judge for sole custody. I will make sure he understands well that it is only about your and not about Mila.” 8 October email from Mr. Malenko to Dr. Handrahan.• “I will wait for the judge to help me out.” 8 October email from Mr. Malenko to Dr. Handrahan.• ““Obviously it is too much to expect from you not to behave like a complete idiot… I understand it is probably because of your mental issues… and you can’t control your behavior… I will ask the court to allow you only supervised contact with Mila. .. You have done more than enough harm to her. You need to do something about your mental state if you want to be a good parent to Mila!” 18 October 2009 email from Mr. Malenko to Dr. Handrahan.• “in the future if you manage to act like a normal parent… I might be able to share information ..I will make sure the judge sees every single email… I will make sure the court sees who you really are” 14 October 2009 email from Mr. Malenko to Dr. Handrahan• “If you keep behaving irresponsible and destructive you will make it even easier for the court to understand that you are incapable of sharing rights and responsiblitiers..” 18 October 2009 email from Mr. Malenko to Dr. Handrahan.• “I will show this to the judge…the only way to secure Mila’s future would not be constantly disturbed and controlled by your selfish goals… 8 October 2009 email from Mr. Malenko to Dr. Handrahan.• “Until we wait for the judge to see us and decide on the important issues about Mila’s future, if you want to do what is good for Mila you could allow her to stay with me from every Friday afternoon until Sunday afternoon. Actually, every two weeks from Thursday afternoon until Sunday afternoon and the other two weeks as I said, from Friday afternoon until Sunday afternoon. This until the judge makes his decision. Let’s see if you are able to rise above your selfishness and show some empathy and consideration about what is truly good for our daughter.” 8 October 2009 email from Mr. Malenko to Dr. Handrahan. This was exactly the schedule the judge then ordered in the “consented” agreement. This email was sent prior to the conference Judge Moskowitz had with Mr. Waxman and Bill Harwood. Underscoring is not Mr. Malenko’s.• “Bill can you agree to this? If not, I’ll ask for an emergency hearing next Wednesday…” 23 November email from Mr. Waxman to Bill Harwood.• “I will ask Michael to demand that Moskowitz schedule a hearing on relocation” 3 December 2009 email from Mr. Malenko to Dr. Handrahan. 5
  6. 6. • “I am glad your recognize therapy would be a good thing for you…I honestly would love to see you become a healthy person and a healthy parent to our child…you seem to think that you can treat Mila like a piece of property… I do not trust you to care for our child properly. You have shown that you do not care at all about what is best for Mila. … I am not going to make any agreements with you. … Judge Moskowitz will hold you in contempt…. You will be stripped of rights to our child…. You might get supervised visitation, but I doubt anything more…. You will likely lose all rights to Mila.” ---3 September email from Mr. Malenko to Dr. Handrahan.• “So far you have done nothing else but removed her from the environments she was thriving in, having friends… I have always tried to put Mila’s needs first. I will show this to the judge since it is the only way to make progress and the only way to secure Mila’s future would not be constantly disturbed and controlled by your selfish goals…Let’s see if you are able to rise about your selfishness and show some empathy…” 8 October email from Mr. Malenko to Dr. Handrahan.• “This is exactly why I asked the judge for sole custody I will make sure he understands well that it is only about you and not about Mila….if you can rise above your selfish goals…I will wait for the judge to help out. 8 October 2009 email from Mr. Malenko to Dr. Handrahan.• “I hope the judge will see this” 16 October 2009 email from Mr. Malenko to Dr. Handrahan.• “Until this gets in front of the judge… possibly Bill Harwood can figure out a good story to impress the judge.” 16 October 2009 email from Mr. Malenko to Dr. Handrahan.• “[To Mr. Malenko] although you may hate her and think she is the worst person in the world… [To Bill Harwood] Bill: I am hoping that you and I can hold the reigns here and make this work……we shall have done something very, very important and wonderful for this child and this family ” 2 November 2009 email from Mr. Waxman to Mr. Malenko that he forwarded to Bill Harwood.• “IGOR IS NO LONGER AGREEING TO LIMIT HIS TIME WITH MILA OR TO SUBJECT HIMSELF TO THE SUPERVISON OF DHHS OR ANYONE ELSE IN THE WORLD.” Mr. Waxman 14 August 2009 email to Dr. Handrahan.• “Igor is entitled to 21 hours of visitation with his child every week. If she refuses to accommodate the Divorce Judgment then I shall have no choice but to file a Motion to Enforce or a Motion for Contempt and I can assure you that I shall have my attorney fees paid by your client at that point.”---- 28 January 2009 email by Mr. Waxman to Mr. Altshuler. 6
  7. 7. • “Mike: you and I are not going to agree on who has or has not been flexible. All I know is that I have a ton of emails form you threatening and criticizing Lori and, now, two more motions reiterating the same allegations.” ---5 May 2009 Email from Ken Altshuler to Mr. Waxman.• “I think we need to get out of the court system… consider having Dana Cleaves appointed.” ---11 May 2009 email from Ken Altshuler to Mr. Waxman.• “You keep threatening contempt. You wanted your cake and eat it too. You wanted the altered schedule but you insisted on three more hours. Then you wanted to change the two week days to two different week days. Always what YOU want. Always what is convenient for Igor. All the time saying how Lori doesn’t co-parent, Lori is selfish, etc.” --- 13 May 2009 email from Ken Altshuler to Mr. Waxman.• “Travel: As you know I filed a Motion before the divorce trial to be sure that travel with Mila was restricted…..Our concern is that now that Lori will have Mila for the entire weekend she would have the opportunity to travel.” 13 May 2009 email from Mr. Waxman to Mr. Altshuler.• “Let me remind you that we were content to continue the schedule we established in January. It was you who insisted on increasing the contact by three hours and changing the weekdays. And it was you who constantly threatened Lori with a motion for contempt.” --- 9 June 2009 Email from Ken Altshuler to Mr. Waxman.• “Ken we have enough motions in this file to choke a horse and I really have no interest in filing a contempt motion but obviously I’ll do that if I have toe. Parental alienation will not inure to Lori’s benefit when our motion to modify is finally heard.” 29 June 2009 email from Mr. Waxman to Ken Altshuler.• ““Bill…let me be clear with you if she does not bring Mila down here tomorrow for visitation we shall file a Motion for a hearing… Moskowitz will do one of two things: 1) simply grant Igor PR status, perhaps even granting him Sole Rights and Responsibilities or 2) order her to relocate back here to South Portland.” 3 December 2009 email from Mr. Waxman to Bill Harwood. Mila had cut the tip of her thumb off at school resulting in an emergency room visit because the wound wouldn’t stop bleeding as it was a large chunk of her thumb. I had asked to skip the visit this weekend or delay as a result.• “my client will have his camera with him on exchanges and if your client fails to dress Mila properly, he will digitally record the image. Additionally, it may be necessary for him to take pictures of the bag that Ms. Handrahan packs for Mr. Malenko to make sure that it is properly packed” 25 March 2009 email from Mr. Waxman to Ken Altshuler 7
  8. 8. • “My wife, Emily, and I shall be at the South Portland Community Center tomorrow to witness the hand off.” Mr. Waxman’s email to Ken Altshuler 5 February 2009. • “You, Ken have made it impossible for Mila to spend time with her father” 10 June 2009 email from Mr. Waxman to Mr. Altshuler • “I simply wanted you to confirm that, until further notice, Igor would not be exercising his contact with his daughter. I will reiterate that the best solution to this situation is for Igor to permit Lori to relocate to DC. Her job will end soon and this would make it easier for everyone. We can work out an expansive schedule now and end all of this litigation” 10 June 1002 email from Ken Altshuler to Mr. Waxman • “Then I really must tell you that I think the Department of Health and Human Services ought to get involved here” ----15 May 2009 email to Stephanie Wright’s lawyer, Mila’s daycare provider who terminated care after a year of care when Mr. Waxman showed up on her doorstep with Mila. • I just got off the phone with “Liza” at your Sorrento home. Apparently you are off “in town” and have left Mila in the care of a woman named Liza about whom you have shared no information regarding her qualifications to take care of Mila. …I digitally recorded the entire conversation with Liza.” ---14 August 2009 email to me.Mr. Waxman’s Most Recent Emails to Ms. Spurr, Mr. Harwood &Mr. Altshuler • “I have absolutely nothing better to do than to defend myself against bogus and malicious litigation.” 4 February 2010 Mr. Waxman email to Ms. Spurr. • “I would perhaps rather have the opportunity to cross examine Ms. Handrahan and expose her lack of truthfulness and her malice.” 4 February 2010 Mr. Waxman email to Ms. Spurr. • “There seems to be something about representing Lori Handrahan that pulls people, like a strong vortex, into the black world that she inhabits and persuades them to perform otherwise unthinkable acts. I think I need an exorcist to clear your head and Kens and Bills so that you can return to your general modes of excellent lawyering.” 26 January 2010 Mr. Waxman email to Ms. Spurr. • “I want to be crystal clear with you. I am going to hold whoever signs any appeal to the Rule 11 standard…. I shall be asking for sanctions and attorney fees. So, choose wisely.” 26 January 2010 Mr. Waxman email to Mr. Altshuler. 8
  9. 9. • “Please be very clear that I feel you have already violated Rule 11 by signing onto the PFH… I SHALL be filing a Rule 11 Motion against you for that. If you sign onto another pleading…, I shall file a second Rule 11 Motion and/or add that to the first Motion. Also, I think that your conduct is violative of several of the Maine Bar Rules, and I am going to file a grievance against you.” 26 January 2010 Mr. Waxman email to Ms. Spurr. • “I shall hold you accountable for making false representations to the Court.” Mr. Waxman email 14 January 2010 to Mr. Harwood and Ms. Spurr. • “If you make any further misrepresentations to the Court, I shall not sid idly by, as I did in the past.” Mr. Waxman email to Mr. Harwood and Ms. Spurr 9 January 2010. • “Once I receive an actual pleading from attorney Spurr showing that she is in fact prosecuting the PFH on behalf of Ms. Handrahan.. I shall file a Rule 11 Motion and I shall file my own grievance against her with the Board of Overseers.” Mr. Waxman email to Mr. Harwood and Ms. Spurr January 7, 2010. • “I have held off taking this route against you, Bill, out of respect for the attorney you used to be. But at this point, since you seem to have abandoned reason, logic, and professional standards, I shall take whatever steps are appropriate to curb your unethical practices.” Mr. Waxman email to Mr. Harwood and Ms. Spurr January 7, 2010. • “Go ahead and put your malpractice insurers on notice because my finger is on the trigger and I shall pull it as soon as I see any unethical and/or unprofessional behavior.” Mr. Waxman email to Mr. Harwood and Ms. Spurr January 7, 2010.Child Support & Mr. Waxman 1. Mr. Malenko earns about $23,000. He stopped paying his required child support in June. He all but ignored a previous income withhold order signed by Judge Kennedy and currently owes thousands in back support. Unemployed and bankrupt by Mr. Waxman’s scored earth litigation, Dr. Handrahan finally turned over the two income withholding orders to DHHS in November. Support is now being enforced over Mr. Waxman’s strongest objections. • “Please feel free to inquire of Daniel Despard regarding Ms. Handrahan’s motivation for and skill at causing problems. He is very familiar with this case.” ---24 November 2009 email by Mr. Waxman to DHHS Child Support Enforcement. 9
  10. 10. • “If you have any doubts about this, please, please, please, simply speak with Beth Fawcett, Dean Staffieri and/or Dan Despard at DHHS. They know what has taken place in this case all too well.” 2 December email from Mr. Waxman to DHHS Child Support.• “ Ms. Handrahan is seeking to use you and DHHS, and a false claim of arrearages to leverage a relocation… Mr. Handrahan was simply using you, manipulating you, to make trouble for Mr. Malenko, and to destroy the bond between father and daughter.” 2 December email from Mr. Waxman to DHHS Child Support.• “At some point SOMEBODY whom Ms. Handrahan seeks to manipulate to help her make trouble for my client really needs to step back and consider whether that is the right thing to do.” –24 November 2009 email by Mr. Waxman to DHHS child support.• “Ms. Handrahan is seeking to use you and DHHS and a false claims….. I would respectfully urge you to deliberate carefully before you take any steps on behalf of Ms. Handrahan.” --- 2 December 2009 email by Mr. Waxman to DHHS child support enforcement.• “Mr. Waxman, until and unless authorized by her attorney, the Department must respectfully decline to voluntarily provide you with any income or other confidential information regarding Ms. Handrahan.” 30 November 2009 email from Kevin Wells of DHHS to Mr. Waxman.• “Mr. Waxman… I am not in a position to tell DHHS to “back off.” “ Carlos Diaz Assistant Attorney General 24 November 2009 email to Mr. Waxman.• “Ms. Handrahan has a battalion of lawyers working for her at this very moment and has the funds to enroll her child in an expensive Montessori School in Ellsworth Maine….it makes no sense to me that you would choose to use State funds to pursue this woman’s relentless and malicious quest to make Mr. Malenko’s life difficult.” ---24 November 2009 email by Mr. Waxman to DHHS Child Support• “Mr. Malenko is forced to hope that he can find a pro bono attorney or spend money that he would otherwise use to pay his heating bill or rent to defend this action, even though he has been paying child support all along… can you just, PLEASE, back off?” --24 November 2009 email by Mr. Waxman to Asst. AG Carlos Diaz. Mr. Waxman has been representing Mr. Malenko pro bono since June 2008.• “Bill for reasons that are beyond me, Ms. Handrahan has asked DHHS to get involved in the child support issues. ….now DHHS is making problems for Igor by sending an Income Withholding Order to IDEXX … I have no choice but to demand an emergency hearing on this issue.” 23 November 2009 email by Mr. Waxman to Bill Harwood 10
  11. 11. • “your client is unemployed and spends all of her waking moments trying to create problems for Igor and me. I am getting extremely frustrated with this situation” 24 November 2009 email from Mr. Waxman to Bill Harwood. • “[To Bill Harwood] I am trying to work with you get these knuckleheads to do this right….[To Mr. Malenko] I spoke with attorney Harwood and he is going to speak with Lori about agreeing to a Child Support Order…” 23 November 2009 email from Mr. Waxman to Bill Harwood and Mr. Malenko. • “This is the second time you have incorrectly accused my client of failing to make child support payments. Mr. Malenko has not missed one… Ms. Handrahan’s….statements are demonstrably incorrect. …we agree it makes sense to make payments by electronic transfer and are happy to accommodate” 25 March 2009 email from Mr. Waxman to Ken Altshuler. • “The man can hardly buy groceries, and yet you are taking more of his money than is lawful or right.” 24 November 2009 email by Mr. Waxman to DHHS Child Support.Mr. Waxman’s Attempts to Influence & Gain ConfidentialInformation 1. According to Maine law on Stalking, "Course of conduct" also includes, but is not limited to, threats implied by conduct and gaining unauthorized access to personal, medical, financial or other identifying or confidential information. [2007, c. 685, §1 (AMD).] Mr. Waxman has attempted repeatedly to improperly influence in order to gain confidential information about Dr. Handrahan. 2. With HHS Child Support-----Mr. Waxman, until and unless authorized by her attorney, the Department must respectfully decline to voluntarily provide you with any income or other confidential information regarding Ms. Handrahan.” 30 November 2009 email from Kevin Wells of DHHS to Mr. Waxman. 3. With HHS Child Protection----Beth Fawcett, the HHS Case Worker provided Mr. Waxman with everything that Dr. Handrahan provided HHS. HHS refused to provide Dr. Handrahan with materials that Mr. Waxman provided. 4. With the Portland Police---“Also, you should know that Kelly Walters, the officer who served me, has a couple lengthy, hysterical messages left by Lori, which I have asked her to preserve.” 14 December Mr. Waxman email to Bill Harwood. Captain Ted Ross of the Portland Police said this was a false and the Portland PD has no plans to provide Mr. Waxman with anything. 11

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