"The GAL has turned this into a witch hunt because of who is involved," Kingston said. "Their focus has been on trying to bring in allegations of polygamy rather than prove abuse."

Three activist groups are demanding the state charge Kingston with bigamy and prosecute him like convicted bigamist Tom Green.

The state could attempt to take away the estimated 106 children Kingston has fathered with 14 different wives if Judge Andrew Valdez decides Kingston abused and neglected the two teenage girls.

According to state law, a neglected child is one who has been subject to mistreatment or abuse. The law also defines a neglected child as one "who is at risk of being neglected or abused . . . because another minor in the same home is a neglected or abused child."

The definition of "home" is the key because Kingston lives in multiple homes with his wives. The state could argue that, technically, all 106 children are in the same "home" and take away Kingston's custodial rights.

In court Tuesday, Kristin Brewer, director of the Guardian ad Litem's Office, said Kingston is a caregiver in at least 14 different homes, meaning all of his children could be considered siblings at risk.

Irvin disagreed.

"Opening the door to the caregiver and being able to confer abuse and neglect without any other evidence is a slippery slope," Irvin said. "Who's safe? The only one safe is a traditional husband and wife."

Despite the allegations of abuse against her father, the 13-year-old was adamant that the children should be able to stay in their home with Foster.

"Don't take them away," the 13-year-old testified. "Just take my dad away. Either you can get 100 kids or get one guy. Which one is easier? I think it's right to take my dad instead . . . of making the kids and the moms suffer."

The girls first called police on Feb. 15 after Kingston allegedly threatened them for piercing their ears. In court Tuesday, Kingston said, "We believe we should keep our bodies complete. If the Lord wanted us to have holes in our ears, he would have put them there."

In her videotaped testimony, the 13-year-old girl described how men in "The Order" — the polygamous clan of which Kingston is a member — control their children.

"They hit them and they beat them up and they yell at them (that) they're worthless and they tell them, 'You're not worth anything,' and they tell them they hate them."

Irvin played down the 13-year-old girl's testimony, claiming it was "coached." In his opening statement, he said the girl had been out of her home for 90 days when questioned, and she could have been influenced by others outside the family.

The Kingstons are members of the Latter-day Church of God, or The Order, which reportedly has some 1,200 members and professes polygamy as part of its religious beliefs.

The Kingstons operate a $150 million business empire in six Western states with companies that include pawn shops, restaurant supply stores, dairies and mines.

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E-mail: ldethman@desnews.com