Judge rules Kingston abused girls

Polygamist John Daniel Kingston abused and neglected two of his teenage daughters, a judge ruled Thursday.

Third District Judge Andrew Valdez said Kingston displayed a pattern of neglect and abuse in the past decade, and that the girls' mother, Heidi Foster, failed to protect them from that abuse.

"No child deserves to be beaten or threatened to be beaten," Valdez said.

Custody and possible living arrangements for the two girls, ages 15 and 13, will be decided in a July 7 hearing.

Until then, the 13-year-old will live in the temporary custody of an uncle and aunt who are not members of "The Order," the polygamous clan to which the Kingstons belong. The 15-year-old girl will live in a foster-care facility.

Kingston was visibly upset after the hearing.

"I'm disappointed," Kingston said.

His attorney agreed.

"We're disappointed with the outcome, but the focus now is reunification of the family," said Daniel Irvin, Kingston's lead defense attorney. "If this was John Smith or John Christiansen, we wouldn't be here. But it's John Daniel Kingston."

The two teens fled their home after allegedly telling police they feared becoming the next victims of physical abuse by their father. Kingston became angry with the pair after they got their ears pierced without his permission.

Valdez ordered that Kingston have no contact with the girls until the July hearing. The 13-year-old will live with Justin Mattingly, Foster's brother, and Shawna Blacksher. The couple wants permanent custody of the girl, said Kristin Brewer of the Guardian ad Litem's Office.

The 15-year-old girl will live in a therapeutic foster-care facility. The judge allowed extended visits with her mother and siblings in the family home. The girl has repeatedly testified that she wants to be reunited with her family.

"Thank you for loving me," the girl told her parents. "I try to imagine what life I would have had without you guys. You guys are the best parents ever."

Valdez gave Kingston one week to change the girls' birth certificates to reflect their real last name — Kingston, not Foster. He said that by using fake names, the girls could be denied their rights of inheritance.

"The name is Kingston, sir, and they have a right to their own names," Valdez said. "Change the name to what it is."