Kody Brown Declaration.072312

Jonathan Turley (Pro Hac)

2000 H St., N . W .

Washington, D.C. 20052

(202) 994-7001

[email protected]

Adam Alba, 13128

2167 N . Main St.

Centerville, UT 84014

(801) 792-8785

[email protected]

A ttorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF U T A H , C E N T R A L DIVISION

K O D Y B R O W N , M E R I B R O W N ,

J A N E L L E B R O W N , CHRISTINE B R O W N ,

R O B Y N S U L L I V A N ,

Plaintiffs, ) N O T I C E OF S E C O N D

) D E C L A R A T I O N OF K O D Y

V. ) B R O W N

G A R Y R. H E R B E R T , in his official capacity ) Judge Waddoups

as Governor of Utah; M A R K S H U R T L E F F , in

his official capacity as Attorney General of ) Civi l No. 2:11 -cv-00652-CW

Utah; J E F F R E Y R. B U H M A N , in his official

capacity as County Attorney for Utah County,

Defendants.

NOTICE OF

SECOND DECLARATION OF KODY BROWN

Recently, Defendant Jeffrey R. Buhman submitted a second declaration in the above

captioned case in support of his Motion to Dismiss. The second Buhman Declaration offered the

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Court an updated statement of the status of the criminal investigation in the case and the current

intentions of the prosecutors vis-a-vis the Brown family.

Given the upcoming scheduled hearing on July 25, 2012, the Plaintiffs hereby submit the

attached second Declaration of Mr. Kody Brown so that the Court wil l be fully informed of the

status of the Plaintiffs in this case before ruling on the pending motion.

Respectfully submitted,

/s/ Jonathan Turley


2000 H St., N .W.


(202) 994-7001

j turley @law. gwu .edu

Adam Alba, 13128

2167 N . Main St.

(801) 792-8785

[email protected]

Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE

This is to certify that copies of the foregoing Notice and Second Declaration of Kody

Brown was served by electronically fding the foregoing with the Clerk of the Court using the

C M / E C F system which wi l l send notification of such filing to the following:

Jerrold S. Jensen (#1678)

Thom D. Roberts (#2773)

Assistant Attorneys General

Attorneys For Defendants

160 East 300 South, 5th Floor

P.O. Box 140857

Sah Lake City, Utah 84114-0857

Telephone: (801) 366-0353

j erroldj ensen@utah. gov

thomroberts(^utah.gov

D A T E : July 16,2012

/s/ Jonathan Turley


2000 H St., N.W..


(202) 994-7001

[email protected]

Adam Alba, 13128

2167N. Main St.

Centerville, UT 84014

(801)792-8785

[email protected]


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Jonathan Turley {ProHac)

2000 H St., N.W.


(202) 994-7001

[email protected]

Adam Alba, 13128

2167 N . Main St.

Centerville, U T 84014

(801) 792-8785

[email protected]


UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

K O D Y B R O W N , MERI B R O W N ,

JANELLE BROWN, CHRISTINE BROWN,

R O B Y N S U L L I V A N ,

Plaintiffs,

V.

G A R Y R. HERBERT, in his official capacity

as Governor of Utah; M A R K SHURTLEFF, in

his official capacity as Attorney General of

Utah; JEFFREY R. BUm4AN, in his otBcial

capacity as County Attorney for Utah County,

Defendants.

SECOND DECLARATION OF

KODY BROWN

Judge Waddoups

Civil No. 2;ll-cv-00652-CW

SECOND DECLARATION OF KODY BROWN

I, Kody Brown, do declare:

1. I am a plaintiff in the above captioned action with Meri Brown, Janelle Brown,

Christine Brown, Robyn Sullivan, and our respective children

2. I have been informed that the Court has suspended argument on our pending

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Motion for Summar\' Judgment to first address the Defendant's Motion to

Dismiss.

3. Due to the factual representations made by the Defendant concerning the status of

my femily, I am submitting this second Declaration to assist the Court and to

correct any misunderstanding or misstatement of our current position and

situation as a plural family.

4. As previously revealed to the Court, my family left the State of Utah after

prosecutors repeatedly referred to my family and myself as felons who were

living in criminal violation of state law.

5. Our counsel previously submitted declarations detailing the harm caused by these

public statements and the state law as well as the long, public criminal

investigation of our family.

6. We have settled our family in Nevada where our children now go to school and

where we are in the process of finalizing the purchase of new homes.

7. We have decided to stay in Nevada in the foreseeable fiiturc to avoid uprooting

our children again and subjecting them to the continued public recriminations

made under the Utah law.

8. The decision not to return to Utah was a difficult one for our family given our

continued ties to the state, including family and religious connections.

9. We remain a plural family that is treated as a criminal association under the Utah

law

10. While Utah County has announced a "policy" change in its criteria for

prosecution of our family and other plural families, the prosecutors continue to

maintain that they can and will charge individuals under the statute if they allege

other criminal acts, even acts unrelated to the plural status of the targeted family.

11. Moreover, the prosecutors continue to maintain that the law is both constitutional

and subject to enforcement at any time according to the changing views of the

prosecutors.

13. Finally, Mr. Buhman (like the other original defendants) has never withdrawn

public statements about our family or the insistence that we are engaged in

criminal acts.

14. State and local officials have made numerous statements that our family, and

other plural families, are felons.

15. Even before our television program first aired, we were told that the only reason

we were not prosecuted was the lack of space in prisons for plural parents and

space in the foster care system for their children.

16. For example, on February 12, 2009,1 attended a meeting at the Utah Capitol with

Attorney General Mark Shurtleff where he said he would not prosecute

polygamists because of the lack of prison beds and room in the foster care system.

However, he emphasized that we were all felons.

17. After the start of our television program, these public statements increased, with

State officials publicly denouncing my family as committing crimes every night

on television,

18. One official said that our prosecution would be easy in light of the program.

19. These public statements repeatedly used the state law as the basis for labeling my

family and myself as criminals.

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20. We continue to suffer harm as a result of the criminalization of our plural family

and the public attacks made against my family with reference to this law.

21. The prosecutors not only insist that this law is constitutional but have not

retracted a single statement regarding our status as felons under the law.

22. In returning to Utah, our children would again face the stigma of these public

statements and the continued position of the prosecutors that our family is a

criminal enterprise.

23. We continued to experience harm from these statements and the law on both a

professional and personal basis.

24. Standard contracts related to television shows and cast contains provisions

negating any contractual relationship when an individual is accused of criminal

acts.

25. The public declaration of our criminality - and the continuation of this law on the

books - maintains the stigma and criminal classification of my family.

26. We have continued to have diflficuky with promotional and other contracts in light

of our declared status as felons under this state law.

I hereby declare under penalty of perjury that the foregoing is true and correct to the best of my

knowledge.

Executed on thisZ3 day of July 2012 in Las Vegas, Nevada

8704 Blazing Saddle Ave

Las Vegas, N V 89129

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Documents

Kody Brown Declaration.072312