Busted. Twice in the past ten years for animal cruelty. 

This time, he's going to jail. His attorney claims he'll never own a pet.

"This wasn't by accident. Cheddar did not get in that condition by accident, nor over a short period of time. It's torture, basic torture," Harold Han, with the Hawaiian Humane Society said.

James Montgomery's words say another.

"I apologize to all of you who are members of the community who love animals, I do too. It was my own responsibility and I'm sorry for that," he said.

All that, includes much more.

Along with cheddar, investigators found one dog dead and 30 others caged in waste and squalor last May.

His attorney offers an explanation.

"His son had committed suicide, he had medical problems, health problems, heart condition, pace maker put in, he was just overwhelmed and that's why this happened," William Harrison, Montgomery's attorney said. 

Prosecutors didn't buy it.

"You can't do this to animals. You can't do what he has done. You cannot allow these living creatures to suffer the way this one, Cheddar did in this case.  I hope this sends a message to others out there that this is not going to happen again and it won't be tolerated," Robert Brown, a prosecutor said. 

Montgomery has been down this road before, pleading guilty in 2006 to 55 counts of animal cruelty.

He got a one year deferral then. This time would be different.

Animal lovers packed the courtroom to see him sentenced to nine months in prison and four years probation.

His attorney says the 69-year-old will never own another pet again.

As for Cheddar, he is now healthy, happy and loved by his new adopted family.