By Joseph Snook
Missoula, Montana – Seventy-three-year old Louis Polinsky of Maxville, Montana has spent over six years fighting a legal battle with one person in his family, a legal battle that despite help from the rest of his family has stripped him of his property rights, and recently landed him a felony criminal endangerment and two violation of a protective order misdemeanor convictions.
In Louis Polinsky’s lifetime, he has been anything but a criminal according to documented court transcripts that reflect a seventy-three year record for Louis without any prior criminal history. In fact, Louis had nothing on his record – not even a traffic citation. This apparently didn’t sway the State of Montana in their decision to give him an eight year deferred sentence, causing him to lose many of the rights that he fought to preserve during his military career.
WHAT CAUSED THESE ACTIONS?
On October 4, 1991, Louis purchased 18.6 acres of land which he, with the help of friends and family, eventually developed and turned into Polinsky Recreation Inc., a family corporation originally including his brother Steve, Mother Doris, Son Cal, and himself. As the property’s further development continued, Donald (Steve) Polinsky reportedly became concerned with “shares” of the corporation and wanted reimbursed for work that he reportedly hadn’t performed. Witnesses also allege that he was over-charging the family corporation (Polinsky Recreation, Inc.) for materials/equipment that he provided. The actions of Steve Polinsky reportedly caused great concern for Louis, which eventually required an Attorney’s involvement.
Donald “Steve” Polinskly
Continuing struggles between Steve and Louis caused great strain on their mother, Doris, who was also a shareholder. Doris decided that she wanted to gift her shares to family and it was later confirmed that her other son Frank would accept her shares, with the approval of all shareholders.
Next, there was a discrepancy on exactly how many shares Frank would receive, although according to statements, all shareholders had at least $2500.00 worth of shares – giving each of them a deciding vote on any decision made on behalf of the family corporation. Steve reportedly didn’t agree, as evidenced by him allegedly doing things without the knowledge and consent of the rest of the shareholders. This caused more problems that eventually led to more attorney involvement.
At this point, Doris, who was living with her son Steve, was allegedly kicked out of his home and went to live with Louis. According to statements from other family members, Steve became increasingly difficult to deal with at this point and had “stirred the pot for many years.” Dual restraining orders between Louis and Steve Polinsky were issued not too long after, and the legal fight over Polinsky Recreation Inc. continued.
On July 29, 2009, after years of ongoing legal battles, Louis initiated legal advice from Attorney Trevor L. Uffelman, resulting in a formal letter requesting that all restraining orders between Louis, Steve and his family to be mutually dropped, so the brothers could try and handle their disagreements amongst themselves – reasonably. The letter was drafted and sent to Attorney Del M. Post (Steve’s Attorney). It was reported that Louis thought the restraining orders were mutually dropped shortly after. Louis stated, “following the letter being sent, there was contact between myself and Steve on five separate occasions where authorities had to be contacted and nothing was done, furthering my belief that the protective orders were no longer valid.”
Attempting to resolve disagreements from a disputed court ordered mediation, Louis went to Steve’s residence on December 13, 2010 to communicate with Steve and settle their disagreements. Upon making contact with Steve, Louis states that he was told, “communicate with my attorney.” According to Louis, this was “a big part of the problem.” Louie reportedly tried to calm Steve down and make amends, but it was too late according to Louis. Louis stated that Steve became enraged and attempted to stab him in the chest with an electric drill during a verbal altercation. Steve’s wife called the police and after a lengthy discussion with police officers, the two brothers exited Steve’s shop. Louis was arrested for violation of a protective order, even though he was under the impression that the protective orders were lifted months prior.
With “nothing to hide,” Louis complied with police officers and agreed to an interview with detectives regarding the incident. Frustrated, because of the events that took place that day, coupled with many years of legal battles over the property that was once Louis’ – and ongoing frustration from Louis on behalf of the rest of his family, who were also reportedly upset with Steve, Louis made statements to the police that were “one officers reported version to another officer of what I said, and were grossly misunderstood or changed.”
HONESTY AND OPENNESS
CAN BE DANGEROUS
Louis was charged shortly after with Aggravated Burglary and Violation of a Protective Order. Having never dealt with the criminal justice system, and not fully understanding his rights, Louis left his fate with his Attorney, Lance Jasper. The facts of this case were simple. Louis had made an attempt to work out issues with Steve in good faith, to reasonably settle their issues and to resume their relationship as a family. It is very important to note that Louis had NEVER been in trouble with the law during his seventy-three years of life and he had the rest of his family on his side. Little did he know that he was facing ten years in prison for his alleged actions. Scared, tired, financially-drained and ignorant of how our judicial system works, Louis entrusted his attorney – which led to a plea deal that was totally misrepresented to Louis. Witnesses describe it as something totally different than what his attorney had stated to him prior to his accepting it. Louis went to court on November 30, 2011, with the understanding that after a three to five year deferred sentence, of which only half would be served, he would be able to expunge his record and have his full rights reinstated. Now, Louis is taking the offensive, fully knowing what he was told, and deceived of, he is taking his matter public. Statements from numerous witnesses have been collected and evidence that could reverse his conviction is being put together. Louis is in the legal process of withdrawing his plea bargain.
Editor’s Note: The US~Observer is conducting a thorough investigation into this case and will be reporting on the outcome of Louis’ continuing legal battle over his property and the “excessive punishment” that he received at the hands of the judge in this case. Louis has been ordered to wear a GPS monitoring device for the duration of his eight year sentence and the permanent loss of his gun rights – The judge had no legal right whatsoever to take the gun rights permanently, because under Montana law, those rights are fully restored when a person’s sentence is complete.
Further, Louis Polinsky receives around $800.00 per-month Social Security income and is required to pay just under $400.00 per-month for the GPS monitoring. Cruel and Unusual Punishment? You be the judge…
If you have any information regarding Steve Polinsky or anyone involved in this case, please contact Joseph Snook at email@example.com or call 541-226-8235.