1. Judy Potter Attorney at Law
356 Spurwink Avenue
Cape Elizabeth, Maine 04107
E-mail: judy356@msn.com
Telephone No. 207-799-5453
Cell Phone No.207-232-1650
Fax No. 207-799-8119
January 28, 2012
District Attorney's Office Cumberland County
Attention: Stephanie Anderson
Dear Stephanie,
The following is a synopsis of the events which occurred at the day care center in Cape Elizabeth
on January 27. 2012. They are different from those described in an e-mail I recently received
from 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 she
went over to the neighborhood sometime after six in the morning. She parked two streets away
from Igor's house and waited. She saw Lillie leave the house at about nine twenty with Mila. She
followed her to see where she was going hoping to find Mila in a public place so she could pick
her 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 Mila's hand and walking up
the hill towards a day care facility. Lori then figured out that Mila was at a day care facility with
which Lori was familiar. Lori got out of the car and walked towards Lillie and Mila and said
Mila it's 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 would
not let go and she started twisting Mila's arm as a result. Lori was trying to pry Lillie's fingers
off of Mila's hand. Mila was in Lori's arms in front of her. Lillie was behind Lori's back. Mila
was saying I want Lillie. Lori kept saying it's your mom, it's your mom. Lori started yelling at
Lillie let go of my daughter. I'm 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 were
covered with mud from falling to the ground and there is a bruise on her knee as a result. She
fell on her knees to protect Mila from hitting the ground. While Lillie was attacking her from
behind, Lori tried to push her away and off of her.

2. 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 is
my 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 the
school, followed by Lillie and the other parents. Lori and Mila were under the eve of the school
out of the rain. Lori started talking quietly to Mila and Mila started giggling with her. She asked
Mila, do you remember me I'm your mother, I'm your mother. They were interacting calmly.
Cape Elizabeth police showed up and ordered Lori to let the child go to the school or they would
arrest her for criminal restraint. They apparently were unaware of the fact that it is an defense to
the crime of criminal restraint when the activities are those of a parent of the person allegedly
being restrained. It is unclear who told the officers that the crime of criminal restraint covered
actions of parents.
Lori let the child go into the school. Lori was asked by the officers whether she had custody. Lori
showed them the judgment. Lori went back to the police car and complained that Lillie had
assaulted her. They told her to stay in the car and told her that Michael Waxman and Igor were
showing up.
When Igor and Waxman arrived, the officers went into the school and talked to Mr. Waxman and
Igor. When the police officer came back, he said that the judgment permitted Igor to deny
visitation 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 instructed
Lori three times not to return to the school or else she would be charged with criminal trespass.
According to Waxman's e-mail Lily was "so focused on protecting Mila that she initially did not
recall being hit by Handrahan. Later, however, according to Mr. Waxman "she did recall this
happening 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, the
actor 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 other
person.
Further, Lori has the right to use physical force in defense of a person. 17-A M.R.S.A. &108 A
person is justified in using a reasonable degree of nondeadly force upon another person in order to
defend the person or a third person from what the person reasonably believes to be the imminent
use of unlawful, nondeadly force by such other person. Such person may use a degree of such
force 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 of
the order. Judge Moskowitz told you that Igor did not have the right under the language of the
order to prohibit Lori from contact with the child on her weekends.

3. You advised the Cape Elizabeth police of this fact. Notwithstanding this advice, according to
Mr. 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. Isn't 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 curious
that this police officer never informed me about the conversation with DHHS. Rather he told me
to go to the South Portland Police Department to obtain their assistance. He said he would call
the officer in charge of the shift about the matter. When I arrived at the South Portland Police
Department, I was told by the officer in charge that they would not help us retrieve the child and
that it was a DHHS matter. Had the Cape Elizabeth Police Officer told me about the
conversation with DHHS, I would have never bothered the South Portland Police Department
about the matter.
Very truly yours,
Judy Potter, Esquire