TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

Polygamy Family Gets Really Good Lawyer

10/6/2010 7:33 PM PDT BY TMZ STAFF

Kody Brown and wives have a powerful new legal force behind them -- TMZ has learned ... constitutional law guru Jonathan Turley is now representing the "Sister Wives" family in the polygamy investigation, and he's willing to fight it all the way.

1006_jonathan_turly_sister_wives_EX3Turley -- a professor at The George Washington University Law School -- tells TMZ he is ready, willing and able to sit down with the Utah County Attorney and make a case why his clients should not be prosecuted.

Turley says absent some proof that the family is engaged in child abuse or other crimes, Utah prosecutors almost never prosecute for polygamy.  Turley is quick to note there is absolutely no evidence of child abuse or other crimes in the Brown family.

Turley points out ... although Utah prosecutors have a lot of discretion in deciding when to prosecute someone, people can't be hauled into the criminal justice system simply because they've gone on TV and become high profile.  In legalese, it's called "selective prosecution" ... and it's illegal.

Turley says his goal is to convince prosecutors to leave the Brown family alone. But he says if his clients are prosecuted, he'll fight it hard. Turley would not say outright that he'll make this a test case and push it all the way to the U.S. Supreme Court, but he made it clear ... he will do everything it takes to clear his clients if they're prosecuted.


83 COMMENTS

No Avatar
46.

Hanging to da lef    

That guy looks like he is sitting in the middle of his stable with his three best looking horses..

1386 days ago
47.

donna    

The slope is greased and we're slipping all the way down. Stop the madness. It's against the law of the land. Period. Prosecute these freaks and the cable television channel/production team who is perpetuating and in collusion with this criminal behavior. It is NOT NOT NOT all right. It's wrong on so many levels, first and foremost...it's ILLEGAL. Period.

1386 days ago
48.

Lynn M    


40.
Doug Forbes:

July 1862 Morrill Anti-Bigamy Act, which made polygamy a misdemeanor offense in US territories and other areas where the federal government has exclusive jurisdiction.

March 1882 Edmunds Act, which reinforced Morrill by making polygamy a felony in the jurisdictions covered by Morrill; also prohibited "bigamous" or "unlawful cohabitation" as a misdemeanor offense, which removed the need to prove that actual marriages had occurred in order to obtain convictions on polygamy related charges.

Posted at 6:38 PM on Oct 6, 2010 by Utahn

________________________________________________

Yeah, the US government worked hard at the time to make these relationships illegal. However, society has changed as has the tide. I'm am not confident that these laws can be justified, using the gay marriage argument. Both arguments will eventually hit the Supreme Court, which may be far more liberal in its views when the question comes up.

Check out Harvey's take on TMZ live. He gets to the crux of the problem. Besides, the malicious proscecution argument is a strong one.

1386 days ago
49.

C    

it is NOT selective prosecution and it is NOT illegal. If a statute exists and someone is violating it, that person is potentially at risk for what ever punishment falls under that statute.
They were stupid enough to bring it to their attention. (Just like that maid who worked for Whitman and made a killing $) That does NOT amount to selective prosecution. The state is not specifically targeting them. They voiced to the nation that they were committing the crime of polygamy. PERIOD.
Dumbasses

1386 days ago
50.

AS    

I have only one husband. I can bearly stand the one I have. That being said and out loud I might add...There appears to be some older children or teens. So where was the government back then. I am sure this family isn't in hiding. I mean they have to go out into the world. People had to know. Why is this suddenly an issue? Oh, yeah...They have a show on TV and now they can be made an "example" of. Example of what? The only thing I've seen on their show is that of a loving family and don't get all gross about the guy and the sleeping with the wives...old news. I'm talking about a loving home. I wouldn't want to share my husband with another woman, frankly there are days I would like to put a sign on him that says "Free to a good home...One slightly used Husband. Will drink beer for any services rendered...."
If this guy is that appealing to these women, then have at him. All I can say is that after 25 years of marriage, I am not EVER doing this again....EVER...And he's done it 4 times and their all still there...ick n eew..

1386 days ago
51.

dee    

What's the problem? Cody has never tried to legally marry more than one woman. He has one legal wife. How is it our business if they chooses to live with additional women as long as they are there willingly? The kids seem well adjusted. A lot of men have kids by multiple women. If this is a crime, Hugh Hefner needs to be arrested also. At least Cody only sleeps with one at a time.

1386 days ago
52.

utahnianian    

To people who try to say "the lds faith does not allow polygamy" are pretty damn stupid. Well hell, Mormons are pretty stupid and hypocritical dumb asses. They freaking worship Joseph Smith and Brigham Young, and yet those 2 important figures of the faith WERE POLYGAMISTS! If they are gonna decide it's wrong, then they need to also toss out many (maybe all? I dunno) of the actual founders of their religion. Kids should be taught in good ol' seminary that Joseph Smith was not a true believer in the LDS faith. Of course that would never happen AS HE CREATED THE RELIGION! haha.. oh god.

1386 days ago
53.

janet    

It's simply against the law. Main reason the blood line is too close. Already 13 half brothers and sisters. Same father. This guy likes his own little haram.

It will get to the point when the kids start in-breeding, because that's all they know what to do. Medical problems, brain damage and so on.

1385 days ago
54.

Yes    

I laugh at all the people demanding justice because "it's against the law." Well, it was not long ago that it was against the law for a black to marry a white and yes, people were put in jail for that. It was illegal to commit sodomy, even if you were married. It was illegal to be gay. It is illegal to go 1/2 mile an hour above the speed limit. It is illegal to play dominoes on Sunday...I demand prosecution for those that do. Folks, these are legally consenting adults.

1385 days ago
55.

Yes    

Hey #58, you are a moron. The mormons don't worship Joseph Smith or Brigham Young. They were polygamists indeed and the church teaches it. They also teach that the time for polygamy are gone and will excommunicate those that are polygamists. I am ex-mormon and still detest lies even if I can't stand the church. BTW this family states they are not LDS/mormon so I don't know why you would bring it up other than this is taking place in Utah.

1385 days ago
56.

yo mama    

#58 is a born again retard. Probably humps his dog as well.

1385 days ago
57.

Debbie    

Stupid is as stupid does. My concern is for the kids only. The adults are idiots..

1385 days ago
58.

LScribbens    

Wow, some of the comments on here just blow me away, but don't surprise me. The comments on race, the looks of the women, etc. It really just shows how judgmental people are, and with no real basis so they resort to the lowest common denominator in an attempt to sound witty.

As far as polygamy being illegal? Yes it is. However so are many other relationships that are not prosecuted. In many states *********** (premarital heterosexual sex)is illegal and punishable with a $1,000 fine and a year in prison. I'll be most of the posters here have broken this law.

In 11 states cohabitation between non-blood related adults is illegal.

Some states still have laws against seduction - out of wedlock sex with a virgin female.

Almost all states have laws against adultery, voluntary sexual intercourse by a married person with a person other than his or her spouse. Yet around 50% of men and women cheat on their spouse. I'll be some of the posters here are guilty of this one, also.

When was the last time you or someone you know arrested, tried and convicted on any of the above?

This is the big picture. Either all laws have to be applied and prosecuted equally or not at all. In short, all Kody and his wives are doing is being four adults in a consensual plural relationship. As long as a relationship between two adults is consensual and nobody is being harmed physically, emotionally or financially, the government should stay out of their private lives.

1385 days ago
59.

wtf?    

Which religion allows you to have three husbands in order to go to heaven? just wondering....
Point being: they are all adults. They all decided to marry each other. As per the show (I watch it) they seem pretty normal couple to me! they work, watch tv, dress whatever way they want, support their children's beliefs.

1385 days ago
60.

Yes    

There is a place in which a woman is married to multiple husbands, Tibet, and it's called Polyandry. And?

1385 days ago
Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | 6 | Most Recent | Next 15 Comments

Around The Web