Another investigation of sexual abuse enters Kingston case

The Utah Attorney General's Office is investigating another sexual-abuse case against a member of the Kingston clan, an attorney said in court Monday.

Assistant Attorney General Carolyn Nichols said the state is investigating Arlen Kingston for allegedly sexually abusing his niece, who is currently in foster care while her parents' child abuse case is adjudicated.

The hearing in 3rd District Juvenile Court was to determine whether the girl's mother, Heidi Mattingly, should gain back custody of her children with polygamist John Daniel Kingston.

In April, 3rd District Juvenile Judge Andrew Valdez ordered reunification efforts be stepped up and visitation restored to Mattingly in an effort to gradually reunite the children with their mother, if Mattingly complied with certain court-ordered terms.

Monday's hearing was the first of a series where 3rd District Juvenile Judge Elizabeth Lindsley will review Mattingly's progress. Mattingly said Monday that she cannot change the past, but she has changed her behavior and is ready to again be a full-time mother.

"I have stated several times (that) I believe there are a lot of things I could have done differently," Mattingly said. "There are a lot of things I plan on doing different."

However, the state says nothing has changed.

Nichols argued Mattingly has not followed a court-ordered reunification plan by refusing to acknowledge she was a victim of domestic abuse or that she abused her children.

"Based upon Heidi's testimony today, the services that the court ordered put in place and the services provided to her didn't work, and she has not recognized any of her problems," Nichols told the Deseret Morning News.

In an affidavit filed with the court and referred to in Monday's hearing by Nichols, John Daniel Kingston and Mattingly's 17-year-old daughter claim Arlen Kingston sexually abused her. In previous court testimony, the girl's younger sister said the 17-year-old was worried about an arranged marriage to Arlen Kingston.

Valdez ordered Arlen Kingston to have no contact with the now-17-year-old girl in April 2004. However, Nichols said the man was at the April funeral of the girl's grandfather.

The 17-year-old first disclosed the alleged sexual abuse to the Deseret Morning News and KSL-TV in June.