WEST JORDAN — Third District Juvenile Judge Elizabeth Lindsley has ended one chapter in the nearly three-year custody battle over nine children born to polygamist John Daniel Kingston and Heidi Mattingly. But the legal tug-of-war regarding the youngsters is far from finished.
Lindsley ruled Monday that the Division of Children and Family Services no longer needs to supervise the case. The judge said she based her decision on information she previously had received, as well as testimony offered Monday by psychologist Ralph Gant that Kingston had fulfilled court-ordered requirements to get counseling and education regarding domestic violence and anger management.
Meanwhile, Kingston insists Utah Attorney General Mark Shurtleff's office has taken previous testimony about alleged threats to kill another juvenile court judge and blow up a courthouse and is using that — plus the Patriot Act — to "eavesdrop" on the Kingston family.
Kingston filed a motion seeking to have testimony about alleged threats stricken from the record or else wants a hearing so he can refute the claims.
The case was previously was assigned to 3rd District Juvenile Judge Andrew Valdez. At a dramatic hearing Feb. 8, 2005, Kingston's then-16-year-old daughter testified that polygamist relatives plotted to assassinate Valdez, blow up the Matheson Courthouse, grab Kingston children in foster care even if it meant killing foster parents, and spirit the youngsters off to Kingston-owned hideaways in Idaho.
Kingston on Monday adamantly denied making any threats or engaging in any conspiracies.
Speaking outside the courtroom, he said he wants to clear his name and does not want law enforcement officials using these claims to characterize him as a dangerous man. He also contends that "expedited" hearing was called illegally and he was denied due process because he did not have a lawyer present. Instead, another Kingston family member who is a lawyer was called and asked to participate on a speaker phone.
"(Utah Attorney General Mark) Shurtleff used that and the Patriot Act to eavesdrop on our personal life," Kingston said, declining to elaborate.
Paul Murphy, public information officer for the attorney general's office, said officials there were unclear about what Kingston is maintaining.
"We don't know why Mr. Kingston is saying what he is saying," Murphy said. "We'd be prepared to answer whatever questions the court may have."
Kingston and Mattingly have 11 children together. Valdez found that the children had been abused and neglected and all but one, an infant, were removed from Mattingly's home and stayed in state care. Eight were returned to her after she completed a number of court-ordered programs, and later Kingston was permitted contact with the children. The couple relinquished parental rights to two teenage girls.
Gant, in court, said in his professional opinion, Kingston has changed during the course of 18 counseling sessions by not only taking part in therapy and completing assignments, but going beyond that and reading additional material on how to discipline children and interact as a family without violence.
"His children are safe with him. So is Miss Mattingly," Gant said.
There also remains a dispute over child support that will require another court hearing in juvenile court. In addition, the Guardian ad Litem's Office has appealed to the Utah Supreme Court to overturn the juvenile court's decision to return the children.
Kingston said the court-required counseling has made him a better parent, but the good that has done cannot outweigh the damage done to the children by being taken from their parents, put in foster care or in the case of one child, a detention facility for delinquents.
"I've learned some valuable skills," Kingston said, "but overall the state has done nothing but hurt us."
E-mail: lindat@desnews.com