Board of pyschologsist second kabacoff complaint november 4 2010 (1)
1. November 4, 2010
Dear Board of Psychologists;
This is my second request for an investigation into Carol Lynn Kabacoff's practice. The attached
emails from Michael Waxman demonstrate that Carol Kabacoff continues to grossly misuse her
professional license. Her willingness to testify for Mr. Waxman in the Bar's suit for his conduct
against me and my daughter should be concerning.
As I have explained to the Board, Carol Kabacoff never diagnosed me with anything. Her
original report, submitted to the court in 2008, finds no diagnosis. Months later, in court, she
suddenly claims I have a narcissistic personality disorder. Based on her false testimony the court
ordered me to a course of DBT therapy from which I was dismissed in 6 sessions.
That should have been the end of Carol Kabacoff's involvement. Yet, Carol Kabacoff persists.
Over a year after seeing me for only two hours and reporting no diagnosis, she conducts a private
deposition, only Michael Waxman present, where she now declares I am severely mental ill and
my daughter should be taken from me. Michael Waxman, as the Board knows, vowed in writing
to use his vast family fortune to take my daughter from me. Mr. Waxman has vowed under oath
to "stop at nothing" and Mr. Waxman, in his own words, is "nurturing a bond [with my] beautiful
daughter." My daughter is three years old. Mr. Waxman is taking her on overnights to his
home. By all appearances, Carol Kabacoff seems to be a bought and paid for political weapon
for Mr. Waxman's agenda.
I have asked Maine's Attorney General to review the Board of Psychologists refusal to
investigate Kabacoff's conduct and have yet to receive a response. Subsequently, I have turned
my entire case over to US Attorney General Eric Holder as part of a national call for US AG
investigations into state-level oversight boards that are complicit with family court fraud.
Senator Collins' staff have also been very helpful.
It is my hope that Governor Elect LePage will take a much difference approach (than Governor
Baldacci) to fraud, corruption and neglect by Maine State oversight staff, who serve at his
pleasure, and whose salaries are paid by state tax payers. Therefore, I am copying his office on
this second request for an investigation into Carol Kabacoff's practice. Given that a child's life
and future is at stake, I ask the Board place an emergency hold on Carol Kabacoff's license to
practice until a full investigation is complete.
Sincerely,
Lori Handrahan, Ph.D.
Sorrento Maine 207-812-0191
CC: Governor Elect Paul LePage
Maine AG Janet Mills
US Senator Susan Collins
US AG Eric Holder
2. From: mjwaxy@aol.com
Date: Fri, 22 Oct 2010 22:00:15 +0000
To: Jo Southard<josouthard@roadrunner.com>
ReplyTo: mjwaxy@aol.com
Subject: Re: Possible Story/Case/Injustice to report on
Grow a backbone, will ya? I thought some still cared about journalism. Disappointing.
From: "Jo Southard" <josouthard@roadrunner.com>
Date: Fri, 22 Oct 2010 17:55:43 -0400
To: 'Mjwaxy'<mjwaxy@aol.com>
Cc: Deborah Firestone<d.firestone1@myfairpoint.net>
Subject: RE: Possible Story/Case/Injustice to report on
Obviously I intended the message below for my editor, not you. We’ve decided not to cover the story.
From: Mjwaxy [mailto:mjwaxy@aol.com]
Sent: Friday, October 22, 2010 1:19 PM
To: df@mainelawyersreview.com; jos@mainelawyersreview.com
Subject: Possible Story/Case/Injustice to report on
Deborah and Jo Lynn:
This is a very interesting story/case I think. This is one of the many offshoots of Malenko v. Handrahan,
2009 ME 96. For reasons that are not clear to me, the Board of Overseers has decided to
prosecute/persecute me on Ms. Handrahan's behalf, even though she was found by the trial court and the
appeals court to suffer from mental illness, perceptual distortion, was not credible and was engaged in a
"sustained yet unjustified effort to have Mr. Malenko labeled as psychologically unfit." Malenko, par. 40.
Handrahan has filed in excess of 6 grievances against me, after filing and losing a Motion to Disqualify
Waxman, as well as a Protection from Harassment case against me (which took three full days to get
dismissed). She slandered the GAL, Liz Stout, who withdrew because of that. She filed a grievance
against Dr. Carol Lynn Kabacoff (dismissed) who testified at the divorce trial that Handrahan suffers from
mental illness, and she has published articles and written letters and emails slandering Judge Moskowitz,
DHHS, and the Maine Family Court. She also filed a PFA against Malenko, after her friend began a
DHHS investigation into Malenko, claiming disclosure that he was sexually abusing his daughter. DHHS
"unsubstantiated" this claim, and Handrahan immediately relocated with the child 4 hours north and filed a
bogus PFA in Ellsworth District Court, specifically to avoid Judge Moskowitz in Portland. That caused
another 2 months of separation between daughter and father, and she did not even bother showing up at
the final hearing. Judge Moskowitz dismissed the PFA.
Now, the Board has the unmitigated temerity to come after me, claiming that I have been "overzealous."
Keep in mind that when my representation began, Mr. Malenko has NO contact with his child, and now he
has her every single weekend, Thursday through Sunday or Friday through Sunday. The Board has
never bothered to even contact Mr. Malenko, or anyone who understands his perspective, to determine
whether I was acting as a zealous advocate under difficult circumstances, and has seen fit to claim that I
was "overzealous" and brands me as exhibiting conduct unworth of an attorney. The trial, before Judge
Alexander, is scheduled for November 18 and 19.
Last week, I entered my appearance as co-counsel with Peter Rodway. Yesterday the Board objected,
claiming that it would be a violation of the Rules of Professional Conduct, pursuant to 3.7 for me to
occupy the roles of witness and lawyer. Attached is my response as well as the attachments to the letter.
I would LOVE you to run a story about this persecution!! This is no longer confidential, having been filed
in Court. How are the Board's actions consistent with its charge to protect the public from unethical
lawyering???
3. Feel free to call and discuss this with me anytime.
Michael J. Waxman, Esq.
One Monument Way, Ste. 206
P.O. Box 375
Portland, Maine 04112-0375
(207) 772-9558 phone
(207) 772-9567 fax
www.waxmanlaw.us
-----Original Message-----
From: Mjwaxy <mjwaxy@aol.com>
To: Aeee@mebaroverseers.org; jscottdavis@mebaroverseers.org
Cc: rodlaw@maine.rr.com
Sent: Fri, Oct 22, 2010 10:01 am
Subject: Response to Objection and Kabacoff issue
Attorneys Eee and Davis:
Attached is my Response to your Objection. I have not scanned in your exhibits, which I have
referenced. If you would like me to do that, please let me know and I shall honor your request.
Additionally, attorney Rodway's secretary indicated to me that attorney Eee left a message on Peter's
answering machine indicating that the Board objects to the admission of Dr. Kabacoff's deposition
testimony as "irrelevant." Allow me to explain the relevance in the hope that you may reconsider your
position. As I understand it, you claim that although attorneys are certainly expected to be zealous
advocates when necessary, that somehow I stepped over the ethical line by being too zealous. I think
you will claim that by saying things in emails and letters such as "Lori Handrahan is severely mentally ill"
you believe I crossed that line. Dr. Kabacoff's testimony at that deposition was that Handrahan is the
most severe Narcissistic Personality Disorder she has ever seen, and that such a person cannot possibly
coparent because she cannot even consider her child's needs above her own. My opinions of the
claimant were based on the conclusions of a mental health expert who met with and evaluated Ms.
Handrahan extensively. My opinions did not arise out of thin air. So . . . Kabacoff's deposition is
admissible because it goes to my state of mind and explains why I said what I said. It is absolutely
relevant. The more obvious objection would have been hearsay, but again, that fails because we are not
offering it for the truth of the matters asserted.
Should you require more explanation of this position, or of the legal concepts discussed, feel free to
contact me or attorney Rodway. I urge you to reconsider your objection.
Michael J. Waxman, Esq.
One Monument Way, Ste. 206
P.O. Box 375
Portland, Maine 04112-0375
(207) 772-9558 phone
(207) 772-9567 fax
www.waxmanlaw.us