Judge dismisses couple's claims of defamation

Second District Judge Michael Allphin has dismissed claims by two couples that they were libeled, slandered, had their characters defamed and their privacy invaded by Mary Ann Kingston and her lawyers.

Mary Ann Kingston, who was severely beaten by her father after trying to escape the group and her polygamous "marriage" to her uncle while she was still a minor, sued members of the Kingston family last year and targeted assets of family-owned businesses.

Kingston named 242 individuals and 96 businesses in her lawsuit, which is seeking $110 million in damages. She alleged family members either directly contributed to the abuse she suffered or knew of the situation and did nothing about it.

Her father, John Daniel Kingston, was convicted of child physical abuse and spent time in jail for forcing his daughter to marry her uncle, David Ortell Kingston, who was convicted of incest and unlawful sexual conduct and was sentenced to prison.

When she filed her lawsuit, Mary Ann Kingston held a news conference with her attorneys, where she issued a statement to explain her claim.

Two couples named in that lawsuit, Nevin and Denise Pratt and F. Mark and Suzanne Hansen, subsequently filed defamation lawsuits against Mary Ann Kingston; three of her attorneys, John Morris, Douglas White and William Mark; and the law firm of McKay, Burton & Thurman.

The Pratt and Hansen lawsuits, originally filed separately, were consolidated.

Judge Allphin on Tuesday issued a written statement saying that Kingston and her lawyers did not defame the Pratts because comments at the press conference were general in nature and involved such a large group that no one individual could claim harm.

The 18-page opinion also said remarks made in connection with pending court proceedings were probably protected by a judicial-privilege doctrine that lets people talk about lawsuits without worrying about retribution.

Allphin dismissed claims by the Hansens on procedural grounds because they did not file documents in a timely manner to a motion to dismiss their claim that had been filed by Mary Ann Kingston.

"We're really pleased with the ruling and think the judge issued a well-reasoned and thoughtful ruling," said attorney John Morris, speaking of behalf of Mary Ann Kingston. "We think the ruling was correct on the law and the facts.

"This is one of several cases filed against Mary Ann. A case in Arizona claiming $8 million in damages has been dismissed; other cases are at various stages of what we hope will be dismissals," Morris said.