Polejewski sentenced in animal cruelty case

Pamela Polejewski was sentenced Nov. 25 after a yearslong animal cruelty case.

She was scheduled to be sentenced on Nov. 7, but the hearing was postponed due to delays over restitution.

Polejewski was found guilty on all counts on Aug. 2 in a yearslong animal cruelty case.

A jury found her guilty on a felony count of aggravated animal cruelty and three felony counts of cruelty to animals.

District Court Judge John Kutzman sentenced her to two years in prison for each count to run consecutive, for an eight year total, but suspended each sentence.

Her suspended sentence comes with conditions, chief of which, Kutzman said, is that Polejewski is not to own, possess or care for any animals of any kind, nor is she to care for animals owned or in the possession of a third party, without permission from the Montana Department of Corrections. 

Kutzman said that condition applied worldwide and he finds out Polejewski has animals “anywhere on the surface of the earth,” he’d revoke the suspended sentence and send her to prison.

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She was credited for the 271 days served so far since she was arrested in February and has been held in the Cascade County Adult Detention Center.

Polejewski is still being held in jail for related evidence tampering and solicitation of evidence tampering charges.

Her bond in that case is $100,000.

Kutzman also ordered her to pay $12,620.20 in restitution to the Cascade County Sheriff’s Office for their costs incurred in caring for the animals seized from Polejewski’s property in 2020.

The charges were from a May 6, 2020 fire at 77 Wexford Lane when deputies responded. A trailer had burned to the ground and some animals had been killed in the fire.

During the Nov. 25 hearing, Polejewski’s attorneys argued that her restitution should be reduced from the $12,993.98 sought by the Cascade County Attorney’s Office since $373.78 was for reusable items purchased from North 40 such as buckets, chains, leashes and collars. Her attorneys said if CCSO was to retain those items, Polejewski shouldn’t have to pay for them since CCSO could use them for future cases.

Stephanie Fuller, the Cascade County deputy attorney prosecuting the case, had deputies testify about Polejewski’s criminal history and impact to public safety.

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Det. Thaddeus Smith testified that he wasn’t at CCSO for the 2020 case, but had been assigned to do follow-up in preparing the case for trial.

Smith said he looked through law enforcement records pertaining to Polejewski and found about 51 total calls and complaints regarding animals.

She was first charged in 1996 with animal cruelty and again in 1998.

The Great Falls Police Department charged her with animal cruelty in 1999, he said, and GFPD charged her with 11 counts of animal cruelty in 2000. That case prompted CCSO to go to the 77 Wexford Lane property, which was the location of the 2020 fire and the deputy involved shooting of Mike Hanson in February when deputies were attempting to execute a warrant on the property.

In 2005, an animal welfare complaint prompted CCSO to visit 77 Wexford, where they found about 200 animals leading to eight animal cruelty counts and 130 counts of immunization violations.

Later that year, deputies were executing a court order to seize animals and Smith said that in that case Polejewski kicked a deputy, leading to more charges. She was convicted of obstructing law enforcement in that case.

Smith listed other cases and complaints in the years between that incident and the 2020 fire. There were other complaints in Lincoln County, Smith said, but to his knowledge, she wasn’t charged or prosecuted in those cases.

Levi Roadman, Polejewski’s attorney, said that cases in which she wasn’t convicted shouldn’t be held against her. 

Kutzman said he didn’t share the county attorney office’s position that behavior in cases they didn’t prosecute should be used in sentencing.

Fuller said it showed a pattern of behavior.

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Det. Nicholas Allison of CCSO said he was assigned to the 2024 case after Polejewski violated the terms of her release in the 2020 case.

He said her failure to follow court orders resulted in an officer involved shooting and that deputies wouldn’t have gone to 77 Wexford if she’d followed the court orders.

Roadman said it was “outrageous” to blame Polejewski for that incident and objected, which Kutzman overruled.

Fuller argued that Polejewski was a repeat offender and her refusal to follow court orders lead to more serious problems. She’d shown that she would not follow court orders and “an animal is not safe in her possession,” Fuller said.

Roadman said that he believed Polejewski had good intentions to care for animals though the “outcome was not what she intended.”

He said it was “outrageous” to argue that Polejewski is a danger to society, is in her 60s, poor health and will have limited ability to pay restitution. 

The 2020 charges lead to her first felony convictions, Roadman said, and her sentence should be similar to other charged with the same crime.

During the Nov. 25 hearing, Polejewski said that the thought the allegations brought by the state were things she hadn’t known about previously. She said that in the past, John Parker, who was the county attorney at the time and is now a district court judge, had dismissed cases against her.

“I think they’re trying to paint this terrible picture that doesn’t exist,” she said. “A lot of this is an agenda by a lot of people that I never succeed.”

She said she never intended to cause harm and “I am truly sorry if I’ve done anything to harm anybody or harm any animal. This is devastating for my family. My reputation is just trashed. I tried to do something for animals. I’m not a danger to anybody.”

Kutzman said that the jury found her guilty of improper care for animals, resulting in some being euthanized.

Polejewski argued his point, to which he responded that was a jury’s finding.

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She had 12 misdemeanors previously, to which she tried to argue again and her attorney said “be quiet.”

Kutzman said that she didn’t follow the law and the “prospects of rehabilitating you is questionable.”

“I know what the Cascade County Attorney’s Office wants me to do. I know what the Cascade COunty Sheriff’s Office wants me to do,” Kutzman said.

“What about my family,” Polejewski said, to which Kutzman told her to stop interrupting.

“You have been an absolute thorn in the side of the Cascade County Sheriff’s Office and the Cascade County Attorney’s Office for more than a decade, “Kutzman said.

He said the defense was asking for a deferred sentence, which would be appropriate if she didn’t have the long history of similar incidents.

If he sends her to prison, Kutzman said that she and her friends are “going to say that this is the system punishing you for dissent,” but that his punishment was to prevent her from possessing animals.

“I’ll be watching you to see if you’re compliant with [the condition] because if I have any more problems with you, you’re going to get to see the inside of a correctional facility,” Kutzman said.

After the 2020 fire, while on scene, CCSO deputies saw goats, dogs and horses running loose on the property.

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They contacted Polejewski, who was removing animals, to include kittens, puppies, dogs and a ferret, from a trailer near the fire.

The camper was filthy, according to the search warrant, and deputies noticed a dog between blankets, tarps and bags, which Polejewski told deputies was dying and very heavy. Deputies also saw her remove a “sickly looking dog from the camper that had fluid coming from its head,” according to the search warrant.

She told deputies that she didn’t want the Department of Livestock inspectors assistance with horses loose on the property and they observed a cage so full of kittens the animals didn’t have room to move.

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Deputies noticed dogs in unsuitable kennels who didn’t appear to have food and most were living in mud, as well as ducks and geese that didn’t appear to have feed. Horses and goats were running loose and some horses didn’t have access to water, according to the search warrant.

“It was clear to law enforcement that the property was one involving animal hoarding. Pamela has a long history of animal hoarding in Cascade County,” according to the search warrant.

The day after the fire, deputies executed a search warrant on the property with a veterinarian and personnel from the Great Falls Animal Shelter.

The veterinarian found a mini horse with deformities for lack of foot care; a deceased bloated dog with a necrotic mouth in a trailer that also contained a cage of kittens, a pot-bellied pig and puppies that were living in their own feces, with no food or water, according to the search warrant.

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The vet euthanized another dog with a severely disfigured face due to infection.

All animals were seized be evaluated and receive proper care, according to the search warrant.

Inside what appeared to be Polejewski’s residence, deputies found more animals in cramped and unclean living quarters without food or water. A number of cats with eye infection or no eyes were found, as well as birds and a rooster with torn back tail feathers, according to the search warrant.

In total, 172 animals were found and seized from the property, according to the search warrant. The animals that appeared most endangered, about 25-30 of varying species, were taken to the city animal shelter.

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Polejewski was initially released on a low bond after the 2020 fire, but her conditions of release prohibited her from having animals and required her not to commit new offenses, according to the Cascade County Attorney’s Office.

In February, deputies were investigating reports that she had animals on her property at 77 Wexford Lane.

In the process of the investigation, Michael Hanson, a friend of Polejewski’s was on the Wexford property and was shot and killed by a deputy, who was also shot in the shoulder in a Feb. 23 incident.

In early June, a coroner’s inquest determined that Hanson’s shooting death by a deputy was not criminal.

After the shooting, deputies continued their investigation into Polejewski and after obtaining warrants, searched her vehicle and apartment at the corner of 15th Avenue South and 20th Street.

During that portion of the investigation, deputies found live fish in her apartment.

They also found cats, kennels and other animal supplies in a storage area that was accessible by building tenants.

Deputies testified during the May 23 hearing that neighbors reported seeing Polejewski with a small dog and some cats at the apartment.

They testified that a man had reported to deputies in late February that he had been helping Polejewski move animals and supplies from her apartment until he heard about her animal cruelty case from a CCSO release following the shooting at Wexford Lane.

That man, who Polejewski testified she didn’t know, told deputies that the odor in her apartment had been so bad that he had to go outside to vomit, deputies testified.

Matthew Schubarth, a manager at Jack’s Pet Store, had contacted deputies at that time to report that Polejewski had surrendered a bucket of fish and a bucket with a frog in it.

Deputies arrived at Jack’s after Polejewski had left and in court testimony, estimated there were 30-50 fish in the bucket.

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She was arrested on Feb. 29 for the new charges and the county attorney’s office asked the court to revoke her lower bond in the initial animal cruelty case and assign a $100,000 bond in that case to run concurrent to the $100,000 bond for the tampering charges filed this year.

Judge John Kutzman granted the attorney’s request during a May 23 hearing.

The evidence tampering charges are still pending.

During the May hearing, Det. Jake Tri, the deputy involved in the shooting testified about his recollection of the investigation leading up to the shooting.

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Deputies testified that they had followed Polejewski from the Wexford property to Smith’s before the February shooting, but lost sight of her person.

Tri testified that he had called her to tell her that her vehicle in the Smith’s parking lot was being impounded as part of the investigation into whether she had animals in violation of her conditions of release.

The investigation into Polejewski paused while CCSO dealt with the shooting at Wexford Lane on Feb. 23, but resumed the next day, according to CCSO officials.

At that point, a deputy obtained search warrants for her truck and apartment, where she testified she had been living for about four years, since the 2020 fire on the Wexford property that led to her initial animal cruelty charges.

Det. Thaddeus Smith of CCSO testified in May that he had been conducting surveillance on the Wexford property while in plain clothes during the investigation. At one point, he said Polejewski had walked up to his unmarked vehicle and asked if he was a deputy, to which he said yes.

Smith was part of the search at Polejewski’s apartment and said they’d found cats in a common area of the building and a piece of mail that had both Polejewski and Hanson’s name on it.

Det. Nicholas Allison of CCSO testified in May that he had searched Polejewski’s vehicle and found receipts for animal supplies; empty bags of cat litter; soiled cat litter; as well as adoption papers for a husky for Hanson that had Polejewski’s name listed as a person who could sign to accept shipment of the dog from Seattle.

Polejewski testified in May that she had owned the Wexford Lane property for 25 years, but had been living at an apartment in town because people were vandalizing her property and had kicked in her door.

Prosecutors argued that Polejewski had used the Wexford address when filing police reports and a November 2023 jury questionnaire she submitted.

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She said she didn’t own animals but had delivered supplies for Hanson, who was living on the Wexford property, since his vehicles broke down.

Polejewski testified in May that she had operated a no-kill animal shelter at the Wexford property for many years and that she had moved some of those supplies to her apartment due to the vandalism at Wexford, but didn’t know if she had purchased more supplies over the last four years.

She testified that the cats on the Wexford property were feral.

Kutzman asked her during the May hearing if she had fed any of those feral cats, to which she said yes.

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He asked if she had delivered cat litter to Hanson for those cats, to which she said the litter could have many uses.

Kutzman asked if she had live fish in her apartment in February 2024 and she said, “yes, I did your honor.”

Roadman, Polejewski’s attorney, argued that the cats and dogs were owned by Hanson.

He said during the May hearing that she’s in her 60s, not in good health, and “the things she’s being accused of don’t seem to warrant a $100,000 bond,” which he called an “outrageous amount.”

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Roadman said Polejewski had rendered aid to animals and delivered supplies to Hanson for animals, but “we don’t believe delivering supplies constitutes possession.”

Kutzman said that she was not allowed to have animals of any kind as a condition of her release and that they were on property she owned while Hanson was there.

“I’m not impressed by the argument that it was Mr. Hanson possessing the animals rather than her,” Kutzman said in May. “I’m not going to split these hairs.”

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A week after the 2020 fire and Polejewski was criminally charged, she filed a civil complaint against the county claiming a “litany of constitutional violations,” including trespass, unreasonable search and seizure, malicious prosecution” and more.

The district court dismissed her claims and the Montana Supreme Court upheld that decision.

Since filing her first complaint in 2020, she filed additional claims and appeals.

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Cascade County asked the state’s high court to declare her a vexatious litigant, a request the court granted in November 2023, writing, “each step of the way, this court and the district court have gone to great lengths to afford Polejewski due process, accommodate her lack of legal expertise as a pro se litigant, and decipher her arguments in an effort to discern whether they have any merit. While we have previously declined to declare Polejewski a vexatious litigant, we note that ‘[h]owever much we desire to keep the courts open to all persons seeking to adjust their rights, duties, and responsibilities, we must also take into account the effect that [the litigant’s] actions bring on other parties to [their] suits.” Considering Polejewski’s history of duplicative litigation, we deem it appropriate to declare her a vexatious litigant and place parameters on her access to the courts of this state going forward.”

The Montana Supreme Court ordered, that Polejewski was a vexatious litigant and before she’s allowed to initiate any legal proceeding or file and pleading in any court in the state regarding the forfeiture and disposal of the animals recovered from her property, or the conduct of any government agency related to the case, “she is required to obtain pre-filing approval from the court in which she seeks to file. The court may prohibit any such filing upon a determination that the claims asserted are harassing, frivolous, or legally not cognizable. Only upon issuance of an order granting Polejewski permission to file may she file the proposed pleading or document. We also caution Polejewski that any person who would attempt to file a document with a court on her behalf must be licensed to practice law in Montana.”

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Jenn Rowell