Utah Co. prosecutors want to see 'big picture' of prosecuting reality TV polygamists
 
Ben Winslow
Fox 13 News
KSTU-TV
 
LEHI - Police here have opened a criminal bigamy investigation into a polygamous family starring in a new reality TV show. But any prosecution could ultimately be problematic, and open a Pandora's Box that could decriminalize polygamy in Utah.

Late Monday, Lehi police announced a criminal investigation into Kody Brown and his wives Meri, Janelle, Christine and Robyn, who star on the TLC reality series "Sister Wives." In an interview with Fox 13 last week, the family acknowledged they were taking a risk by being so public about their lives. But they insisted it was a risk worth taking.

"There's always a fear of being prosecuted," Kody Brown told Fox 13. "We're just hoping that ultimately... what it is, is the fear of being prosecuted is less daunting than the fear of continuing a society in secrecy and darkness."

It's being on television that put them under investigation by Lehi police. Lt. Darrin Paul said they had been investigating the family for several weeks leading up to the debut of the show, based on phone calls. He declined to be more specific.

"We're looking at bigamy and we'll see where the investigation takes us," Paul said Tuesday.

Lehi police said they would forward their investigation to the Utah County Attorney's Office to determine if criminal charges were warranted. The Browns could face a third-degree felony bigamy charge. But prosecutors on Tuesday appeared to be taking a step back, saying they needed to look at the "bigger picture" that a polygamy prosecution could bring.

"Do we want to open this can of worms and maybe have some court of appeals say this statute is unconstitutional?" deputy Utah County Attorney Tim Taylor told Fox 13 on Tuesday. "Is this a test case that we want to go ahead and take up?"

The Utah Attorney General's Office has declined to prosecute polygamy alone because of resources and concerns about religious freedom issues. Instead, state prosecutors have opted to go after polygamists who engage in underage marriages, abuse and welfare fraud. In those cases, bigamy was used as an enhancement.

In the past, Utah has successfully prosecuted polygamists Tom Green and Rodney Holm, who both were convicted of bigamy alongside charges related to underage marriages. The Browns could prove more problematic: they were all consenting adults when they entered into a polygamous relationship.

"I think the prosecution of consenting adults for bigamy sets up the test case," said Rod Parker, an attorney who represented Holm.

Parker said recent court rulings related to same-sex relationships and consenting adults could signal a change for polygamous unions.

"There's nothing different when you're talking about consenting adults that would suggest that the laws should be different for consenting adults in polygamous relationships, same sex relationships or other committed relationships," he said.

If Utah County prosecutors decline to file criminal charges against the Browns, another case could challenge the ban on polygamy, Parker said. Texas prosecutors have filed bigamy charges against FLDS President Wendell Nielsen in the aftermath of the 2008 raid on the polygamous church's YFZ Ranch in Eldorado (the Browns belong to a different church).

Nielsen is scheduled to go on trial later this year.
 
fox13now.com
Originally broadcast September 28, 2010
 
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