Judge wants to unify family

Third District Juvenile Judge Andrew Valdez said he is willing to reinstate visits between a polygamous wife and her children when — and if — the therapists for everyone involved say it would be in the best interests of the children.

Valdez previously stopped visits between Heidi Mattingly and her children after one daughter testified there were plots afoot by some members of the polygamous Kingston clan to kill foster parents, lawyers in the case and the judge, as well as kidnap the children and hide them out of state, and even blow up the courthouse.

Mattingly has 11 children with polygamist John Daniel Kingston, and the court found that both adults had abused the children. One child has been permanently placed with another family, an infant is in Mattingly's care and nine children are in state custody.

Valdez said he is not giving up on reunification efforts, but at times appeared exasperated during a lengthy hearing Tuesday. At one point, he chided Mattingly for laughing during a discussion of the children's safety. "That's either a juvenile behavior or an uncaring behavior," Valdez said.

During the hearing, Mattingly's court-appointed lawyer, Russell Pietryga, got permission to withdraw from the case, stating Mattingly wanted him to do things that are illegal and unethical in her case. Mattingly has filed four motions on her own in court and criticized Pietryga for not adequately representing her.

"If I don't do what she wants, she does it herself," Pietryga said.

Valdez appointed a new lawyer, Jeffrey Noland, and rescheduled elements of Tuesday's hearing so Noland will have time to study the case.

Also at the hearing:

• The judge ruled John Daniel Kingston should be escorted out of the courthouse by police after some observers in the hallway thought Kingston was rushing toward one of his daughters, along with a media throng. The judge had issued a no-contact order to keep Kingston away from the girl.

• One of the children's therapists recommended Mattingly write a letter to the children acknowledging previous abuse and telling them of the steps she has taken to be a better parent and keep them safe.

• Valdez ordered the YWCA to arrange a therapy group of women with similar life experiences as Mattingly by March 1.

Outside the courtroom, Ethan Tucker, Kingston's half-brother who has been questioned by law enforcement officials for allegedly taking photographs of the courthouse, and possibly the judge's car, denied he did anything wrong. Tucker said he was taking pictures of downtown buildings for a photography class and said he cooperated with law enforcement. "I didn't want the judge to think his life was in danger."

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E-mail: lindat@desnews.com