After spending more than $260,000 to house, train and care for 64 pets taken in an animal cruelty case last year, the Hawaiian Humane Society was hoping the animals could be put up for adoption.

Instead, Judge Rhonda Nishimura returned the dogs to James Montgomery, of Mahakea Road in Kahalu'u, yesterday after accepting Montgomey's deferred guilty plea on 55 counts of animal cruelty in Circuit Court.

The deferred plea means a defendant's record may be wiped clean if he or she abides by the conditions of the court for one year, the judge said. Montgomery and his wife, Susan, also pleaded guilty to three counts of child endangerment on Monday.

Jacque Smith, spokeswoman for the humane society, disagreed with the ruling to return the dogs to Montgomery.

"This is a major disservice to the animals who are the victims, to the foster-care providers, and to everyone who has worked so hard to protect these animals," Smith said.

Smith was critical of the judge for letting the case drag on for a year while the dogs' lives remained in limbo and the humane society care bill mounted. The humane society had wanted the judge to grant the agency the power to put the animals up for adoption to ensure that they would not become part of what she said was Montgomery's breeding machine. She said the imminent return of the animals is disappointing because Montgomery can place the dogs with family or friends and later retrieve them to continue his questionable breeding practices.

Montgomery, an 11th-grade English teacher, has 21 days to retrieve the dogs, get them licenses and relinquish ownership, according to the judge's office. More than 30 of his animals are with the humane society, about 20 are in foster care homes that the humane society coordinated and 12 are at the Kaua'i Humane Society.

Montgomery's attorney William Harrison said his client plans to sell the dogs to help pay for the fines and costs related to the case.

"He wants to sell or place all the dogs at this point because it's a sore spot," Harrison said. "He really wants to distance himself from the animals at this point."

Nishimura's ruling included a $3,025 fine to be paid to a crime victims' fund, a $5,500 fine and a $1,500 fine for each in the child endangerment case. In addition, the Montgomerys were ordered to undergo mental health assessment and treatment, parenting classes, 180 days suspended jail time and disposition of the dogs, said Kristine Yoo, deputy prosecutor.

"I was asking for no animals on the property but the judge limited it to no dogs in the residence," Yoo said, adding she also called for actual jail time.

The Montgomerys decided to plead guilty to save their family from further embarrassment and are relieved to get the cases resolved, Harrison said.

"He received an enormous amount of publicity and the family went through a lengthy period of embarrassment and humiliation, which has now resurfaced," Harrison said. "They at least see this is going to put an end to the publicity aspect of it but they have a lot of healing to do."

The humane society had wanted Montgomery to pay for the care of the animals, but Harrison said the costs are inflated and include the organization's operating cost. The judge denied the humane society's request after Harrison argued that Montgomery had requested the return of the animals and the shelter's decision to take the dogs carried the responsibility of feeding them, Harrison said.

Smith said the humane society has proposed a bill for this year's Legislature to require unfit pet owners to post a bond for the care of their animals or relinquish ownership of the animals so they can be placed in homes.

"That way (the animals') lives are not left in limbo for a year or however long the case drags out," she said.

The humane society removed 64 dogs from Montgomery's kennel last January after determining conditions were unacceptable. Several of the dogs had litters, raising the number to 78. Two days after their removal, 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 were returned in September after conditions in the home improved, Harrison said.

Harrison said his client has learned his lesson.

"He really learned a lot about what his family means to him, what his responsibilities are to his family and not to put them in this situation again," he said.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.