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SALT LAKE CITY (AP) -- The second judge assigned to polygamist John Daniel Kingston and Heidi Mattingly's custody case has recused himself -- less than a week after taking over.
Kingston's attorney filed a motion yesterday asking Judge C. Dane Nolan to step down because he had prosecuted a member of the Kingston polygamist clan in 1999.
While Nolan was a deputy Salt Lake County attorney he successfully prosecuted David O. Kingston for felony incest and unlawful sexual contact with a minor.
The case has now been assigned to Judge Elizabeth Lindsley.
Nolan was assigned to the case last week when Judge Andrew Valdez stepped down at the request of the attorney general's office. Earlier this year, Valdez's son clashed with Kingston clan members who were protesting his father outside the courthouse.
(Copyright 2005 by The Associated Press. All Rights Reserved.)
