Man pleads innocent to animal cruelty

By Eloise Aguiar
Advertiser Staff Writer

A Kahalu'u man charged with 55 counts of animal cruelty pleaded not guilty to all charges yesterday and requested a jury trial.

Trial date was set for the week of May 31 before Circuit Judge Rhonda Nishimura. The lawyer for James Montgomery, a school teacher and dog breeder, said a motion to return all the animals or allow visitation will be filed in Nishimura's court. A hearing could be within two to three weeks.

"We haven't gotten all the reports," attorney William Harrison said. "Once we get that, then we'll be in a better position to see if there are other issues we might want to raise."

Animal cruelty is a misdemeanor.

On Jan. 29 the Hawaiian Humane Society removed 64 dogs from Montgomery's kennel on Mahakea Road.

Problems included inadequate access to water and shelter for the animals, the group said.

The Humane Society had tried to work with Montgomery for two weeks before the animals were seized, but little had been done to improve conditions, officials have said.

The animals were placed in foster care and some are being held at the Humane Society's kennel.

The state Department of Health first called the Humane Society about the dogs after receiving complaints from neighbors about the smell and checking into the situation.

The Humane Society was rechecking the premises for more animals two days after the initial seizure when an accompanying officer decided that the conditions were endangering the welfare of three children at the home.

The children were taken to the Kane'ohe Police Station, where they were turned over to Child Protective Service and placed in foster care.

The agency did not return calls yesterday seeking an update on the children.

In recent weeks, dozens of volunteers have worked to clear the property of debris and upgrade the house.

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