Illegal search in Kahalu'u alleged
By Eloise Aguiar
Advertiser Staff Writer
The attorney for a Kahalu'u family whose children were removed by the state said yesterday that authorities acted improperly when they searched their property.
Attorney Melodie Aduja, who represents dog breeder James Montgomery, said state and city officials failed to obtain the necessary search warrant to gain access to the Montgomery property last week. Aduja said she would be filing a request in court to suppress all evidence obtained during the search.
Jacque Smith, Humane Society spokeswoman, said the seizure followed legal procedures.
"Our main priorities are to ensure that the animals are well cared for and to complete our investigation," Smith said. "We certainly take great care to ensure that our investigation processes and procedures are in compliance with all applicable laws."
Aduja also said the removal of 64 dogs from Montgomery's Kahalu'u kennel by the Hawaiian Humane Society was not lawful and she demanded the return of the animals. The Hawaiian Humane Society removed the dogs Jan. 29 and returned two days later with police officers to search for more animals, but none were found.
A police officer accompanying the Humane Society on the second visit decided that the living conditions were endangering the welfare of three children residing there and removed them from the home. The children were turned over to state Child Welfare Services officials.
The Montgomerys were to appear in Family Court yesterday, but proceedings there are confidential. The family had no comment on the case, Aduja said.
At a news conference at the Humane Society yesterday, Aduja said the initial visit to the property by the Humane Society, Department of Health Vector Control and the city Department of Planning and Permitting was done without a search warrant.
Aduja said the Humane Society used trickery to gain access to the property and although police had time to obtain a search warrant for the children, police failed to do so.
"Based on the unlawful activities of the agencies involved, the family is urging that the prosecutor's office not accept this case for further action, that the children be reunited with their parents as soon as possible and the animals be returned to the family immediately," she said.
Aduja yesterday delivered a letter of demands to the Hawaiian Humane Society asking for an inventory of all animals and items seized and the whereabouts of each animal. She also wants reasonable visitation, inspections and photographs of each animal to ensure the animals' safety and health.
The Humane Society is reviewing the requests, said Smith.
The organization makes a list of the animals it confiscates as a matter of procedure, she said. The Humane Society did have a search warrant when it removed the dogs, the organization said.
The Humane Society has said the organization had tried to work with Montgomery for two weeks before the seizure, but was unable to get the conditions improved.
Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com or 234-5266.
Correction: The Hawaiian Humane Society said it did have a search warrant when it removed 64 dogs from James Montgomery's kennel. A previous version of this story contained incorrect information.
