!"#$%&'(()*+),,-.&)!/)0!/%%%12*34$56%-7%%%89:$;%,7<&=<(&%%%>"?$%(%2@%-
Jonathan Turley (Pro Hac)
2000 H St., N . W .
Washington, D . C . 20052
(202) 994-7001 jturley@law.gwu.edu
Adam Alba, 13128
2167 N . Main St.
Centerville, U T 84014
(801) 792-8785 adam.alba@gmail.com
A ttorneys for Plaintiffs
UNITED STATES DISTRICT C O U R T
DISTRICT O F 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 , C H R I S T I N E B R O W N ,
R O B Y N S U L L I V A N ,
Plaintiffs,
V.
G A R Y R. H E R B E R T , in his official capacity 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
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,
) N O T I C E O F S E C O N D
) D E C L A R A T I O N O F K O D Y
) B R O W N
) Judge Waddoups
) C i v i l N o . 2:11 -cv-00652-CW
Defendants.
NOTICE O F
SECOND D E C L A R A T I O N O F K O D Y B R O W N
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 M r . Kody Brown so that the Court will be fully informed of the status of the Plaintiffs in this case before ruling on the pending motion.
Respectfully submitted,
/s/ Jonathan Turley
Jonathan Turley (Pro Hac)
2000 H St., N . W .
Washington, D.C. 20052
(202) 994-7001 j turley @law. gwu .edu
Adam Alba, 13128
2167 N . Main St.
(801) 792-8785 adam.alba@gmail.com
Attorneys for Plaintiffs

!"#$%&'(()*+),,-.&)!/)0!/%%%12*34$56%-7%%%89:$;%,7<&=<(&%%%>"?$%=%2@%-
C E R T I F I C A T E O F S E R V I C E
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 w i 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
Jonathan Turley (Pro Hac)
2000 H St., N.W..
Washington, D . C . 20052
(202) 994-7001 jturley@law.gwu.edu
Adam Alba, 13128
2 1 6 7 N . Main St.
Centerville, U T 84014
(801)792-8785 adam.alba@gmail.com
Attorneys for Plaintiffs

!"#$%&'(()*+),,-.&)!/)0!/%%%12*34$56%-7%%%89:$;%,7<&=<(&%%%>"?$%@%2A%-
Jonathan Turley {ProHac)
2000 H St., N.W.
Washington, D.C. 20052
(202) 994-7001 jturley@law.gwu.edu
Adam Alba, 13128
2167 N . Main St.
Centerville, U T 84014
(801) 792-8785 adam.alba@gmail.com
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL 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,
V.
G A R Y R. H E R B E R T , in his official capacity as Governor of Utah; M A R K SHURTLEFF, in his official capacity as Attorney General of
Utah; J E F F R E Y R. BUm4AN, in his otBcial capacity as County Attorney for Utah County,
SECOND DECLARATION OF
KODY BROWN
Judge Waddoups
Civil No. 2;ll-cv-00652-CW
Defendants.
SECOND DECLARATION OF K O D Y BROWN
I, Kody Brown, do declare:
1.
2.
I am a plaintiff in the above captioned action with Meri Brown, Janelle Brown,
Christine Brown, Robyn Sullivan, and our respective children
I have been informed that the Court has suspended argument on our pending

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8.
9.
10.
3.
4.
5.
6.
7.
11.
13.
14.
15.
16.
17.
18.
19.
Motion for Summar\' Judgment to first address the Defendant's Motion to
Dismiss.
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.
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.
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.
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.
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.
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.
We remain a plural family that is treated as a criminal association under the Utah law
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.
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.
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.
State and local officials have made numerous statements that our family, and other plural families, are felons.
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.
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.
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,
One official said that our prosecution would be easy in light of the program.
These public statements repeatedly used the state law as the basis for labeling my family and myself as criminals.

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20.
21.
22.
23.
24.
25.
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.
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.
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.
We continued to experience harm from these statements and the law on both a professional and personal basis.
Standard contracts related to television shows and cast contains provisions negating any contractual relationship when an individual is accused of criminal acts.
The public declaration of our criminality - and the continuation of this law on the books - maintains the stigma and criminal classification of my family.
We have continued to have diflficuky with promotional and other contracts in light 26. 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