A Winsted woman facing 38 counts of animal cruelty out of Torrington Superior Court will not get the chance to have the cases wiped from her record.
Sarah Smolak, 29, appeared in Torrington Superior Court Friday where a judge denied her application for the supervised diversionary program. SDP is a pre-trial program that’s monitored by probation services and is for defendants with mental health conditions. It also allows those who are eligible to avoid a conviction and have their charges dropped.
The judge’s denial means Smolak will either head to trial or accept a plea offer from the state.
Over a dozen animal advocates showed up to court to oppose the program for Smolak, who's accused of mistreating dozens of dogs that were in her care for fostering, training or boarding.
“What happened here was not a mistake. It was not an accident. It was a prolonged pattern of starvation, neglect, suffering, deception and concealment carried out over many months against vulnerable animals that depended entirely on her for survival,” said Alicia Curci, of Paws and Hooves Animal Rescue in Long Island, New York.
“Your Honor, this is not someone who does not understand right from wrong. This is someone who understands the system and attempts to manipulate it over and over again because if she were truly sorry, we would not be asking what happened to Marshmallow,” stated Michele Walsh, of AMA Animal Rescue out of Brooklyn, New York.
The investigation into Smolak began in February of 2025 when AMA Animal Rescue contacted police about a missing foster dog named Marshmallow, which they’d entrusted to Smolak in December 2024. The group said Marshmallow had since disappeared, with Smolak refusing to disclose his whereabouts.
Marshmallow still has not been found, but the search led police to arrest Smolak on allegations of abuse and neglect to other dogs. In March 2025, police seized 27 dogs from her 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.
“The condition of every single one of them was catastrophic. They were emaciated, covered in urine and feces, suffering from pressure sores, bite wounds, infections, bleeding injuries and torn out toenails,” Curci recalled in court.
Smolak's attorney countered that there was no ill intent in his client’s actions, and her passion for animals simply got out of hand.
“For most, if not all of her adult life, she dedicated herself to rescuing unwanted, abandoned and terribly ill dogs,” James Saraceni told the judge. “Could she care properly for 27 dogs? Perhaps not. But there's no malice in my client's conduct. Any failings I would say go to the fact of her mental disability.”
Saraceni said he knows people want Smolak to serve time, but she’s been in custody for three months since a judge in Stamford raised her bond after she was charged with violating the conditions of her bond release by having animals. He also told the court Smolak is five months pregnant.
“I think she's amenable to treatment. I think with treatment, she can be released safely into the community, be able to have her child in a proper facility other than the DOC, so I would urge the court to grant her program,” Saraceni said.
Judge Brian Preleski agreed that Smolak is mentally ill but said the number of charges and the seriousness of the cases wouldn’t allow him to grant the program.
Smolak also has pending cases out of Norwalk, where she lived before moving to Winsted in February 2025. Along with four counts of animal cruelty, she's charged with larceny and criminal damage to property related to the home she rented. Smolak is accused of causing $100,000 worth of damage due to her lack of care for the dogs there. Police said she left it covered in dog urine and feces. The landlord told News 12 that it was so bad that crews had to wear respirators and hazmat suits for the first six weeks of restoration work, which included ripping out the Maplewood flooring.
Smolak applied for SDP for those cases, too. She’s set to appear in Stamford Superior Court for a judge’s decision on that request.
MORE COVERAGE: Winsted woman facing 42 counts of animal cruelty arraigned on new charge; will undergo psych evaluation
Winsted woman accused of animal cruelty faces 2 new charges
Winsted woman faces new animal cruelty case out of Norwalk, bringing total to 40 counts
Winsted woman pleads not guilty to 38 counts of animal cruelty; legal advocate appointed for dogs
Winsted woman charged with animal cruelty; More than 20 dogs seized