BARRY MARKOWITZ / SPECIAL TO THE STAR-BULLETIN David Montgomery, center, resident and son of property owner James Montgomery, helped his family clean up their 1-acre property in Kahaluu yesterday, while a community volunteer who identified himself only as Gordon, left, helped move excess debris to a flatbed truck headed for the city dump.

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Breeder, state meet
over 3 kids’ custody

Allegedly poor living conditions
led to the children's removal

Social workers from the state Child Welfare Services visited the Kahaluu home where three children were taken into custody and met with the children's parents yesterday.

Police said they took the children, ages 9, 12 and 14, on Tuesday because of what the officers described as unsanitary and unhealthy living conditions at the home. The officers reported the stench from trash and animal feces that littered the property was almost unbearable.

Hawaiian Humane Society investigators removed 64 dogs from the Mahakea Road home, describing it as a puppy mill.

They charged the children's father, James Montgomery, with 55 counts of animal cruelty for the number of adult dogs living on the property under alleged substandard conditions.

"They're devastated; they don't know what to do," said Melodie Aduja, an attorney and family friend who is assisting Montgomery and his wife, Susan, as they try to regain custody of their children.

Aduja, a former state senator, was recently suspended from practicing law for three years. She said the suspension takes effect Feb. 27, and believes this case can be resolved by then.

She described the Montgomerys as humble and religious. She said James Montgomery, a teacher at Kaiser High School, is the sole earner. He has supplemented the family's income with his dog business, which started as a hobby.

Aduja said yesterday's meeting went well, and the Montgomerys are hopeful the state will return their children to them. And they were pleased to hear the children are doing well in emergency foster care, Aduja said.

Child Welfare Services has until today to complete its investigation regarding the children's custody. Based on its findings, the state can either return the children to their parents or seek to place them in long-term foster care.

Aduja said the police had no grounds to remove the children from their home.

"I believe (the Honolulu Police Department) probably acted overzealously in this case," Aduja said. "And this should have been a case that had been brought to court and subject to a court order before the children were taken away from the parents."

The social workers arrived at the home as the Montgomerys -- including two older children -- friends, fellow church members, a relative and other volunteers were cleaning up the property.

The volunteers hauled away truckloads of broken furniture and appliances, wire cages and fencing, wooden pallets, car seats and broken golf carts. Junked cars and a cement mixer still littered the front of the property, and there was even a flatbed trailer decorated with an artificial wave that could have been used as a prop for photographs.

Mike Nolan, who attends the same church as the Montgomerys, was among the volunteers. "The people need mercy," he said.