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The Honolulu Advertiser
Posted on: Wednesday, March 9, 2005

Dog breeder fights 55 counts of cruelty

By Eloise Aguiar
Advertiser Windward O'ahu Writer

KANE'OHE — A Kahalu'u dog breeder charged with 55 counts of animal cruelty after the Hawaiian Humane Society removed 64 dogs from his home last month has requested a jury trial.

The animal cruelty case against James Montgomery of Mahakea Road will be heard in Circuit Court. He was given a March 21 arraignment date, but his attorney William Harrison said he will seek an April court appearance.

Montgomery, a schoolteacher, was at work and not present at Kane'ohe District Court yesterday.

The Humane Society removed the dogs from his kennel Jan. 30 after determining conditions were unacceptable. Two days later, a police officer took three minor children from the home, saying living conditions were endangering their welfare. The children were turned over to Child Welfare Services and are still in foster care.

Montgomery initially was represented by attorney Melodie Aduja, who had said the removal of the 64 dogs was not lawful and demanded the return of the animals.

With the limited space at the Humane Society, Harrison said, he and Montgomery wonder about the organization's ability to house the extra dogs, one of which died shortly after birth at the shelter.

"To tell you the truth, some of the animals I see down there are not very well treated," Harrison said. He said he will file a motion to request visitation rights or the return of the dogs.

Jacque Smith, Humane Society spokeswoman, said the Montgomery dogs are being treated well and most are in foster homes where families play with them and are teaching the dogs to walk while leashed.

"They are also becoming better socialized and learning to enjoy human companionship," Smith said. "We're still treating health conditions because some of these animals came in with healthcare issues like mange."

Harrison said the Montgomery family has suffered a lot of anxiety but is leaving the matter in God's hands.

"This is a difficult situation for him and his family because he's being accused of things he's never done," Harrison said.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com or 234-5266.