MICHAEL J. WAXMANA TTORNEY AT LAW

ONE MONUMENT WAY, STE. 206P.O. BOX 375PORTLAND, MAINE 04112-0375

4/8/2010

Maine District Court

205 Newbury St.,P.O. Box 412Portland, ME 04112Attn: Michelle

Re: Malenko v. HandrahanDocket #: FM-08-510

Dear Michelle:

.•• (207)772-9558FACSIMILE (207)772-9567e-mail mjwaxy@aol.com

Enclosed please find documents showing the disposition of Mr. Malenko' scriminal case involving shoplifting. Please bring this to Judge Moskowitz's attention sothat another hearing on the multiple Motions to Modify and regarding Relocation may bescheduled as soon as possible. Thank you for your attention to this matter.

Very truly yours,

Michael J . Waxman

cc: Igor MalenkoBill Harwood, Esq.

STATE OF MAINE

CUMBERLAND, ssSTATE OF MAINE

v.

IGOR MALENKO05-30-1972

UNIFIED CRIMINAL DOCKETDOCKET NO: CUMCD-

AGREEMENT AND ORDERDEFERRING DISPOSITION

I, IGOR MALENKO, do execute this agreement pursuant to Title l7-A M.R.S.A. § 1348 et seqand state as follows:

1. ,.k I understand the elements of the crime, the State's burden of proof and my rightsto ajudge or jury trial, against self-incrimination and to confront and cross-examinewitnesses, and I am giving up these rights.

2. /.11. I agree to plead guilty to the crime(s) Theft a class E crime. I agree thatsentencing shall be deferred for six months, in exchange for which I shall abide by thedeferment requirements set forth herein. I am waiving my right to a speedysentencing under Maine Rules of Criminal Procedure 32 (a) (1).

3. I. H. I am not under the influence of any drugs or alcohol at this time. My ability tomake an informed, knowing and voluntary decision is unimpaired.

4. tH. I agree that these deferment requirements are reasonable and appropriate to assistme to lead a law-abiding life.

5. j./-l I understand that it is my obligation to provide proof that I have complied withthe conditions.

6. ,.J-f. I understand that if the Court finds that I have knowingly made falserepresentations in connection with my compliance with this agreement that I may befound in contempt and be sentenced to a period of incarceration not to exceed 30days, a fine not to exceed $5000, or a combination of both.

7. '.1'1. Except as otherwise provided in this agreement, I understand that I cannotwithdraw my plea of guilty.

8. /.H I will advise the District Attorney and the above named court of any change in myaddress or telephone number within 24 hours of the change.

9. ).H. I will report to the Coordinator of Diversion and Rehabilitative Programs of theCumberland County District Attorney's Office within seven days of today and then asdirected.

10. J. M I will appear in the above named court on the date and time I am notified toappear.

/~IGOR MALENKO

II. /. ,....I will refrain from all criminal conduct and violations of federal and state laws.

12. J./-1. I will identify myself as being on deferred disposition if arrested or questioned bylaw enforcement and notify the District Attorney's Office in writing of any contactwith law enforcement within 96 hours of that contact.

13. (.H. I will comply with all conditions of the Bail Order.

14. /.11. 1 will complete the Shoplifters Alternative Program.

IS. I.M. I will not be present at Hannaford Stores.

16. I.H· I will complete 30 hours of community service at a location approved by the

Office of the District Attorney.

17. I.H. 1will pay a non-refundable supervisor fee of $50.00 to the Office of the DistrictAttorney on the 3rd Wednesday of every month beginning on April 21, 2010 for theduration of this agreement. By signing this agreement, I affirm that I have the abilityto pay this fee and acknowledge that I am responsible for finding and maintaining thenecessary job(s) to meet this obligation. Additionally, I understand that any supervisorfees I have paid will not be refunded even if this Deferred Disposition is terminatedearly.

18. j. H. I understand that if I meet all of the above requirements, the State will agree tomy motion to withdraw my guilty plea and move the Court to dismiss this Theftcharge. I understand if the State believes there is probable cause that a violation ofthis agreement has occurred the State can request the Court to issue a summons or awarrant for my appearance in court on a motion to terminate this agreement and that ifit is determined that I failed to meet the above requirements, the Court may imposeany authorized sentence.

I have read and understand this document, the rights I am waiving and the obligations 1haveagreed to undertake, and I hereby waive my right to have an attorney represent me in this matter.I waive/have consulted with an Attorney.Date: 0,//0':;-/..1.0/0

As counsel for IGOR MALENKO, I have explained this procedure and agreement. I believe thatshe understands each provision of this agreement, has exe~uted this agreement knowingly andvoluntarily, and that this agreement,is in his best inrerests.

Date: --~l¥l{ ~-=tll:>

ORDER

The C~urt hereby finds that the deferment requirements set forth above are reasonable andappropriate to assist IGOR MALENKO to lead a law-abiding life. Sentence is hereby deferre(subject to the above requirements, which are effective immediately.

Return to court d Judg~iceate: I'D115/ .--'-10 'R'. ~