Winsted woman pleads not guilty to 38 counts of animal cruelty; legal advocate appointed for dogs
“The warrant applications read like a horror novel. These dogs were horribly malnourished, some abused, just not well cared for at all,” Jonathan Levitan told News 12.
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A Winsted woman entered not guilty pleas to 38 counts of animal cruelty during an appearance in Torrington Superior Court Thursday. During the brief hearing for Sarah Smolak, 28, the judge also appointed attorney Jonathan Levitan as legal advocate for the dogs in Smolak’s four animal cruelty cases.
“The warrant applications read like a horror novel. These dogs were horribly malnourished, some abused, just not well cared for at all,” Levitan told News 12.
About 25 animal rights advocates, volunteers from Brooklyn-based AMA Animal Rescue and local animal lovers filled one side of the courtroom for Smolak’s appearance. It came two weeks after she failed to show up to court because of threats and fears for her safety, according to her attorney.
On March 18, Winchester police seized 27 dogs from Smolak's home in Winsted, all of which they said needed veterinary care. Police said another 11 dogs were mistreated while previously in her care in Winsted.
“Smolak presents to rescues as a boarder, a trainer, an animal lover to only take those dogs, lock them in cages. The 27 dogs that were pulled out of her home were covered in feces, urine. These dogs had sores and wounds. Many of them were skinny. They had e-collars embedded into their necks so tightly that they had to be treated at an emergency hospital,” said Michele Walsh, a board member with AMA Animal Rescue.
It was the nonprofit’s complaint to police that initiated the investigation into Smolak. AMA Animal Rescue contacted them in February about a missing foster dog named Marshmallow, which it had entrusted to Smolak in December. The group said Marshmallow had since disappeared, with Smolak refusing to disclose his whereabouts.
“Marshmallow is still missing. He was not one of the dogs recovered from Smolak’s home,” said Walsh, getting emotional.
Walsh and several other people wore T-shirts to court that said, “Where’s Marshmallow?” with the dog’s picture.
An $8,000 reward has been offered for information on his return.
“She's already gone on record, issued a letter to our organization indicating that she previously returned Marshmallow to the rescue sometime in January. I can tell you under no uncertain terms was Marshmallow returned to us. We would not be looking for a dog that we’ve had,” Walsh told News 12.
AMA Animal Rescue has also hired Levitan in its fight to get Marshmallow back. He said he’s filed a replevin action, which is a legal remedy to recover personal property that has been wrongfully taken, as well as for breach of foster contract.
Of the 27 dogs seized from Smolak’s home, 21 are being cared for by Harwinton Regional Animal Control at its shelter and another location.
“They've recovered from our understanding and are doing really, really well,” Walsh said.
Four of the dogs taken from Smolak's home were boarders and returned to their owners. Smolak allowed two others to go back to rescues.
"They are doing incredible. These dogs have gained weight. They look beautiful," Walsh stated. "Their eyes look bright. And while there's still a lot of trauma, they're slowly beginning to recover and trust again."
Smolak is claiming the remaining 21 are hers and has refused to release them to rescues or surrender ownership to the town. The next step would be for town officials to file a civil case against her.
“They've indicated to me if Ms. Smolak did not relinquish them today, which she did not, that they would be filing for civil forfeiture,” Levitan told News 12.
It’s only then that the dogs would be able to be adopted.
“The bottom-line goal is to get these emotionally damaged animals homes,” Levitan said.
Smolak’s next appearance on those cases is July first, but she’ll be in court in another jurisdiction before then. She has an additional animal cruelty charge out of Norwalk, where she lived before moving to Winsted in February. Smolak also faces charges of criminal damage to property and larceny there. Police said she caused massive damage to the rental home where she was living. She’s due to be arraigned on those charges in Stamford Superior Court on May 28.
Smolak’s boyfriend, David Reid, is charged with one count of animal cruelty. His next court appearance is set for May 28 in Torrington Superior Court.
