Judy Potter Attorney at Law 356 Spurwink Avenue Cape Elizabeth, Maine !

" # E$%ail& 'udy356(%)n*+o% ,elephone -o* . #$#//$5!53 Cell Phone -o*. #$.3.$"65 0a1 -o* . #$#//$2""/ January .2, . ". 3istrict Attorney's Office Cumberland County Attention: Stephanie Anderson Dear Stephanie, The following is a synopsis of the events which occurred at the day care center in Cape li!abeth on "anuary #$% #&'#% They are different from those described in an e(mail ) recently received from *r% *ichael +a,man which was sent to a number of authorities in *aine% -ori arrived in .ortland Thursday night% She stayed at hotel at airport% On /riday morning she went over to the neighborhood sometime after si, in the morning% She par0ed two streets away from )gor's house and waited% She saw -illie leave the house at about nine twenty with *ila% She followed her to see where she was going hoping to find *ila in a public place so she could pic0 her up for her court(ordered visit% She had a copy of the court order with her% +hen she saw -illie and *ila get out of the car% -illie was holding *ila's hand and wal0ing up the hill towards a day care facility% -ori then figured out that *ila was at a day care facility with which -ori was familiar% -ori got out of the car and wal0ed towards -illie and *ila and said *ila it's your mom% *ila turned towards -ori and yelled, 1mama1% -illie reali!ing it was -ori started dragging *ila up the street by her arm screaming hysterically 1run% *ila, run1% Then -ori ran after them and tried to pic0 up *ila in her arms% -illie would not let go and she started twisting *ila's arm as a result% -ori was trying to pry -illie's fingers off of *ila's hand% *ila was in -ori's arms in front of her% -illie was behind -ori's bac0% *ila was saying ) want -illie% -ori 0ept saying it's your mom, it's your mom% -ori started yelling at -illie let go of my daughter% )'m her mother, let go% -ori finally got *ila free% -illie then attac0ed -ori from behind, 0noc0ing her down with *ila in her arms% 2er legs were covered with mud from falling to the ground and there is a bruise on her 0nee as a result% She fell on her 0nees to protect *ila from hitting the ground% +hile -illie was attac0ing her from behind, -ori tried to push her away and off of her%

Then parents came out% -illie 0ept trying to grab -ori% -ori 0ept trying to push her away% saying, get away get away% The day care personnel tried to ta0e the child away from -ori% -ori said this is my daughter% ) am her mother% ) have 3oint custody% ) have a right to pic0 her up% Somehow -illie was restrained% -ori with *ila and the daycare provider wal0ed towards the school, followed by -illie and the other parents% -ori and *ila were under the eve of the school out of the rain% -ori started tal0ing 4uietly to *ila and *ila started giggling with her% She as0ed *ila, do you remember me )'m your mother, )'m your mother% They were interacting calmly% Cape li!abeth police showed up and ordered -ori 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% )t is unclear who told the officers that the crime of criminal restraint covered actions of parents% -ori let the child go into the school% -ori was as0ed by the officers whether she had custody% -ori showed them the 3udgment% -ori went bac0 to the police car and complained that -illie had assaulted her% They told her to stay in the car and told her that *ichael +a,man and )gor were showing up% +hen )gor and +a,man arrived, the officers went into the school and tal0ed to *r% +a,man and )gor% +hen the police officer came bac0, he said that the 3udgment permitted )gor to deny visitation to -ori% )t is unclear from whom he received that information% The Officer too0 a picture of the muddied pant legs and her in3ured 0nee% The officer instructed -ori three times not to return to the school or else she would be charged with criminal trespass% According to +a,man's e(mail -ily was 1so focused on protecting *ila that she initially did not recall being hit by 2andrahan% -ater, however, according to *r% +a,man 1she did recall this happening and visited the Cape li!abeth .olice to ma0e a complaint%1 Curious% -illie may well have committed the crime of criminal restraint% According to '$(A *%5%S%A% 6 7&# a person is guilty of criminal restraint if 0nowing that the actor has no legal right to do so, the actor intentionally or 0nowingly ta0es, retains or entices a person who is less than eight years old% )t is a defense that the actor is a parent of the other person% -illie was not the parent of the other person% /urther, -ori has the right to use physical force in defense of a person% '$(A *%5%S%A% 6'&8 A person is 3ustified 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% 9ou were called about the situation and as0ed "udge *os0owit! about the terms and conditions of the order% "udge *os0owit! told you that )gor did not have the right under the language of the order to prohibit -ori from contact with the child on her wee0ends%

9ou advised the Cape li!abeth police of this fact% :otwithstanding this advice, according to *r% +a,man said to the police officer: )t seems to me we have an attorney, Stephanie Anderson, telling you to give the child to 2andrahan% and another attorney, me telling you to give the child to )gor% )sn't this a civil matter to be handled by the Court; The police officer called D22S and then informed *r% +a,man that one *elissa +illiams from D22S was instructing him to allow )gor to have *ila% ) find it e,traordinarily curious that D22S would ignore a court order% /urther, ) find it curious that this police officer never informed me about the conversation with D22S% 5ather he told me to go to the South .ortland .olice Department to obtain their assistance% 2e said he would call the officer in charge of the shift about the matter% +hen ) arrived at the South .ortland .olice Department, ) was told by the officer in charge that they would not help us retrieve the child and that it was a D22S matter% 2ad the Cape li!abeth .olice Officer told me about the conversation with D22S, ) would have never bothered the South .ortland .olice Department about the matter% <ery truly yours, "udy .otter, s4uire