Judge orders Winsted woman in animal cruelty case to return missing dog that triggered investigation

Marshmallow, a young pitbull found abandoned and injured in a Brooklyn, N.Y., parking lot and turned over to Sarah Smolak of Winsted, remains missing.  | July 20, 2025

Greenwich Time | By Brigitte Ruthman | July 20, 2025

TORRINGTON — A rescue dog whose disappearance launched an investigation into allegations of animal cruelty against a Winsted woman concerning dozens of dogs in her care has been ordered returned by a Superior Court judge.

Sarah Smolak, 28, who lived in Norwalk until moving to Winsted, is facing charges in both municipalities, and the judge's order concerns a young pitbull named Marshmallow, who was not among the dozens of dogs seized from her Winsted home in March.

Found abandoned in a Brooklyn, N.Y., parking lot on Jan. 13, 2023, the dog was suffering from traumatic injuries to his head and was delivered for rehabilitation and veterinary care to AMA Animal Rescue, said Michele Walsh, a member of the organization's board of directors. He was rehabilitated and turned over to Smolak, then of Norwalk, on Dec. 10, 2024, for foster care. 

Smolak signed a foster agreement, Walsh said. Smolak, through her attorney in court proceedings, denied that she entered into any written contract. 

Torrington Superior Court Judge Brian Preleski, however, said the contract, which governed Marshmallow's care, was valid. 

In the decision issued Thursday, Preleski noted that a contractual agreement for Smolak did not include ownership and required her to return the dog to the rescue group "upon demand." In exchange, she was paid $300 per month.

When AMA sought return of the dog in February, Smolak declined to provide any proof the dog was still alive and asserted her privilege against self-incrimination when asked to describe the circumstances under which she no longer possessed the dog, according to the judge's order.

During a welfare check for Marshmallow on March 21, Smolak, who by then was living in Winsted, told a Winsted police officer that a representative of AMA already had picked him up, according to the decision. "The court does not credit the claim," Preleski's order states. 

"The court credits the officer's testimony concerning what Ms. Smolak told him, but the court does not find Ms. Smolak's statement credible," the order states.

Additionally, the judge noted that Smolak earlier had claimed that Marshmallow had suffered from cancer and required surgery, though no proof was offered.

The July 17 order gives Smolak 10 days to return the dog.

Police investigating at Smolak's Winsted home in March said the dogs there were ill and/or emaciated and living in filth. 

Smolak faces 40 counts of animal abuse related to 40 dogs in her care and was named in a civil forfeiture that sought to sever ownership rights to 21 dogs removed from her Winsted home and placed in shelters. On May 30, Smolak relinquished  her rights of ownership to 10 of the 21 dogs. The remaining dogs are now in foster care, according to Walsh.

The search for Marshmallow triggered what would become one of the most extensive alleged cases of animal cruelty cases in the Northwest Corner. The investigation grew to 38 counts of animal cruelty. Smolak and her boyfriend, 28-year-old David Reid, first were arrested in Winsted March 18.

Charges are also pending against her in Norwalk for damages she allegedly caused to rental property where she lived with an unknown number of foster dogs.

Walsh said Marshmallow had developed into a sweet, loving and gentle dog during his rehabilitation and was healthy and happy when turned over to Smolak.

"He rolled over for belly rubs, and clung to people like he'd never had anyone of his own before," Walsh said. "The volunteers adored him. All of us did." 

An $8,000 reward was put forth by Desmond's Army Animal Law Advocates, AMA Animal Rescue and Army's Legacy Animal Rescue and Sanctuary Inc. for Marshmallow's recovery and the prosecution of anyone responsible for his disappearance. It remains unclaimed.

Smolak's attorney, James Saraceni, has not responded to calls for comment.

It's not clear what will happen if the dog is not turned over within 10 days.