Pamela Polejewski was found guilty on March 4 after a two day jury trial on charges of evidence tampering and solicitation of evidence tampering.
She’ll be sentenced in this case at a future date.
The charges stem from an initial 2020 animal cruelty case in which Polejewski was found guilty by a jury on a felony count of aggravated animal cruelty and three felony counts of cruelty to animals.
She was sentenced in November that case to two years in prison for each count to run consecutive, for an eight year total, but suspended each sentence.
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Her suspended sentence came with conditions, chief of which, District Court Judge John 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.
After her sentencing in that case, the judge reduced her bond and Polejewski posted bail, so she was released from the Cascade County Adult Detention Center in January, according to the county attorney’s office.
Josh Racki, county attorney, said that the judge denied his office’s request to revoke her bond.
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The changes Polejewski was convicted of March 4, stem from a 2020 animal cruelty case against Polejewski when she was initially released on a low bond, 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 2024, deputies were investigating reports that she had animals on her property at 77 Wexford Lane.
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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 February 2024 incident.
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 a May 2024 hearing that neighbors reported seeing Polejewski with a small dog and some cats at the apartment.
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They testified that a man had reported to deputies in late February 2024 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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Deputies testified that they had followed Polejewski from the Wexford property to Smith’s before the February shooting, but lost sight of her person.
The deputy involved in the shooting 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 in February 2024 but resumed the next day, according to CCSO officials.
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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 2024 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.
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Det. Nicholas Allison of CCSO testified in May 2024 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 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 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.
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Judge John Kutzman asked Polejewski in May 2024 if she had fed any of those feral cats, to which she said yes.
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.”
Polejewski’s attorney, Levi Roadman, argued that the cats and dogs were owned by Hanson.
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He said she’s 67, 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.”
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. “I’m not going to split these hairs.”
The initial 2020 case was initiated after a fire at 77 Wexford Lane, Polejewski’s property, when 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.
A week after the 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.”
