Polygamist John Daniel Kingston wasted little time in court Thursday. His latest hearing lasted no more than 60 seconds.
The hearing was cut short after Kingston's attorney, Daniel Irvin, filed a motion asking a 3rd District juvenile judge to step down voluntarily from the case.
Later Thursday, presiding 3rd District Court Juvenile Judge Kimberly Hornak denied the motion, saying it was "without merit."
The motion came after Judge Andrew Valdez said in court Wednesday that he fears for his safety as well as the safety of his court after a member of the polygamous Kingston clan was spotted installing video surveillance equipment in the middle of the night outside the Matheson Courthouse last week.
But in court Thursday, Valdez said he refuses to be intimidated.
"The court certainly is not living in fear," Valdez said. "I'm not living in fear. I live in faith."
This is the third attempt by defense attorneys to have Valdez to recuse himself from the case. Irvin filed a motion earlier this year, and Heidi Mattingly's former attorney, Mark Hansen, filed another one during the early stages of the case.
Irvin refused to comment on why he asked Valdez to step down. But in the order denying Irvin's motion, Hornak wrote, "Mr. Irvin argues that Judge Valdez is biased" against Kingston.
In his motion to recuse the judge, Irvin lists five reasons why Valdez is allegedly biased against Kingston, all of which were dismissed by the presiding judge. The first was that Valdez is biased because of his statement in open court that he is worried that a person associated with the Kingstons was seen installing surveillance equipment at the courthouse.
Irvin also said Valdez is biased because of previous "derogatory" comments made in court, including one from an Oct. 19 hearing. "He's running a child mill here," Valdez said. "If this was a puppy mill, the humane society would have shut it down a long time ago."
Valdez was supposed to make a ruling Thursday on what — if any — visitation rights Kingston can have with the children he fathered with Mattingly. But the plan abruptly changed with Irvin's motion.
From the bench Wednesday, Valdez said courthouse surveillance cameras spotted a car outside the judges' secure parking lot at 3 a.m. Oct. 29. A man was preparing to take some photographs, Salt Lake County Sheriff's Sgt. Rosie Rivera said.
The man, who allegedly is a member of the Kingston group from Huntington, Emery County, was not arrested and was asked to leave the courthouse, Rivera said. The polygamous group owns and operates the CW Mining Co. in Huntington.
The Kingston clan has an estimated 1,200 members and runs a $150 million business empire that includes pawn shops, restaurant supply stores, dairies and mines, according to the Associated Press.
When asked if he is trying to intimidate the judge, Kingston said, "We have no further comment at this time."
However, Kingston was eager to comment about his children, who have been removed from his home and placed in state custody.
"It is very sad for the children and their mother that the state has not returned the children back to their mother," Kingston said. "We're asking for help from anyone that can help us."
Supporters from the Kingston group flocked to Thursday's hearing. Some of them protested outside the courthouse with signs that said, "Stop state sponsored kidnapping," and "Let the children come home."
One sign advertised a Web site dedicated to Mattingly and her fight to get her children back. In late October, Valdez removed eight of Mattingly and Kingston's children from the home. That follows an earlier ruling when Valdez ordered the couple's two oldest teenage daughters into state custody.
On the Web site, www. heidifoster.org, visitors can air complaints about Valdez, Guardian ad Litem Kristen Brewer and Curtis Giles, the Department of Child and Family services case manager.
"These children were taken unjustly," said Cheryl Nelson, one of Kingston's daughters from another polygamous wife. "People don't realize — everyone is against the Kingstons, and we're not bad people. Because of who we are, they are going against us."
Mattingly will find out Nov. 10 if the judge will allow eight of her children to live with her on a trial basis.
This legal case is not Kingston's first brush with the law. In 1999 Kingston pleaded no contest to second-degree felony child abuse and was sentenced to 28 weeks in jail for allegedly beating a teenage daughter he has with another woman because she fled a marriage to her uncle.
Kingston and his wives are believed to have more than 100 children.
Contributing: Associated Press
E-mail: ldethman@desnews.com