Judge punishes Kingston

A 3rd District judge found John Daniel Kingston and one of his polygamous wives in contempt of court Monday for violating a protection order.

Judge Andrew Valdez said both Kingston and Heidi Mattingly inappropriately contacted two of their daughters on separate occasions, which was in clear violation of a judicial order filed before the couple's child-abuse hearing.

"You keep playing with fire, sooner or later you're gonna get burned," Valdez told the couple.

Valdez could have issued a 30-day jail sentence to both Mattingly and Kingston for the violation but opted for more creative sentencing. Kingston had the choice to serve 30 days in jail or work 40 hours in the next two weeks at a local homeless shelter. Kingston chose the latter.

Mattingly openly defied the court throughout Tuesday's hearing, which angered Valdez. At one point he scolded her to drop her pen, stop writing and pay attention to what Valdez was saying. Kristin Brewer, director of the Guardian ad Litem's Office, recommended Mattingly undergo three hours a week of counseling for four weeks with a Division of Child and Family Services counselor.

Jail time might not be the best option for Mattingly, since she recently gave birth to a little girl, Brewer said.

"If you didn't have that newborn child, I would throw you in jail today," Valdez said.

Both Kingston and Mattingly could face jail time if they fail to comply with the judge's orders.

Valdez in June ruled Kingston and Mattingly's children had been abused and neglected by their father, and that their mother did not protect them. In late July, Valdez granted permanent custody of one of Kingston's daughters to an aunt and uncle.

The contempt charges stem from incidents in March where Kingston and Mattingly directly or indirectly contacted two of their teenage daughters. A protection order filed by their aunt prohibited any contact by the girls' parents.

On March 1, Valdez ruled Kingston indirectly tried to contact the then-15-year-old girl through an uncle. And late March 10 and early March 11, Valdez ruled Mattingly talked with the 15- and 13-year-old girls and planned a place for the girls to hide from protective custody.

Kingston said his family has complied with all court orders.

"In good conscience we complied with all court orders to minimize the damage to our children," Kingston said. "Nevertheless, historically our family has been punished whether we are guilty or not."

The couple will be in court again Aug. 25 to face more possible penalties. Brewer said Kingston and Mattingly violated a court order by not visiting a court-ordered psychiatrist. A judge could impose a 30-day jail sentence at that time.

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E-mail: ldethman@desnews.com