Josh Duggar’s court date revealed as he faces 40 YEARS in prison on child pornography charges
JOSH Duggar’s sentencing date has been released as he faces 40 years in prison on child pornography charges.
Josh33, was found guilty of possessing and receiving child pornography on Dec. 9 after a nearly two-week trial.
The Sun can exclusively reveal that the sentence has been set for April 5, 2022.
Josh faces 20 years in prison on each of the two counts.
NEW TRIAL REQUEST
Josh’s legal team filed a motion to acquit the guilty verdict, retrial, or dismiss the charge of possession of child pornography, as they argued there was no evidence that he personally viewed the child pornography found on his HP desktop computer.
Prosecutors responded by saying “the evidence of the defendant’s guilt is clear and overwhelming.”
In Josh’s application, his team argued that the government “provided no evidence that Duggar ‘knew the visual depictions were of a minor engaging in sexually explicit behavior’ – a necessary element for conviction. of each count.
“Evidence at trial established that certain files allegedly found on the HP desktop computer were never accessed by any user of the computer and that all of the files in question were deleted shortly after being downloaded.
“The jury had no evidence that Duggar personally viewed any specific portion of any of the files allegedly found on the computer.”
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But prosecutors argued in their response filed on February 11: “The government did not need to provide evidence that he personally saw the material to convict him of receiving and possessing child pornography, it only needed to prove that he knew the material was about minors. in sexually explicit behavior.
The government filing continued that Josh’s expert witness at trial, Michele Bush, proved that “child sexual abuse material was downloaded to a password-protected Linux partition on his computer using of two different programs and he knew that the programs existed on his computer”.
The court documents read: “There can be no doubt – let alone a reasonable doubt – that the defendant knew that the visual depictions he received and possessed were of minors engaging in sexually explicit conduct. .”
Regarding a potential retrial, Josh’s legal team argued that the government failed to present exculpatory evidence in a timely manner, which may create reasonable doubt for the defendant, and that it had been unable to call Wholesale Motorcars employee Caleb Williams to the stand.
Josh’s attorneys claimed Caleb had access to the parking lot and the office computer, where child pornography was uploaded, at ‘relevant times’ and that law enforcement ‘did not investigate meaningfully. on the possibility that someone other than Duggar could have committed the crimes charged. .”
Josh’s legal team claimed that Caleb used the computer regularly in the month and weeks leading up to May 2019 when photos and videos of child pornography material were uploaded.
The documents claim that the government “ignored” this evidence.
The government responded in its filing that Caleb committing the crimes is “pure fiction” because he was not in Arkansas at the time the crimes were committed.
Regarding exculpatory evidence, the government argued that he “has not been identified as a suspect or potential witness by law enforcement.”
Prosecutors also say Caleb was allowed to take the stand, but Josh’s legal team made the “strategic” decision not to.
Josh’s legal team also argued that the government forensic expert at trial used geotagging to place Duggar in the parking lot on certain dates and times when child pornography was uploaded.
According to court documents, the expert had “no knowledge of how geolocation, EXIF data or GPS coordinates work.”
The government replied that he was “fully qualified”.
Prosecutors also asked the judge to dismiss their request to dismiss the charge of possession of child pornography.
The filler read: ‘The defendant, for his part, claimed someone else did it, but his attempts to scapegoat others have crumbled under the slightest scrutiny.
“His own expert largely agreed with the Government’s explanation of the facts and, when given a chance to refute the evidence putting the defendant in front of the computer, admitted that she could not.
“Furthermore, when given the opportunity to buttress his speculative defense with other witnesses, the defendant instead ended his case. The Court should dismiss the defendant’s motion in its entirety.”
A judge has yet to rule on the filings.
The highly publicized jury trial lasted two weeks before the jury returned a verdict of guilty on both counts.
At trial, prosecutors presented damning evidence from Josh’s HP computer.
A filename found on his HP desktop computer was revealed to be that of a video of a “3-month-old sexually abused child”.
A folder contained 65 thumbnail files of an underage girl.
The jury was shown the images and videos that prosecutors say were found on his computer.
Prosecutor William Clayman provided alleged texts and photos were taken on Josh’s phone in the parking lot to show he was there at the same time child pornography material was uploaded to Wholesale Motorcars.
When the verdict was read, Josh was immediately handcuffed and taken into custody at the Washington County Jail, where he was held in solitary confinement away from other prisoners for his safety until sentencing. .
Josh was arrested and charged with possessing and receiving child pornography in April 2021.
Josh shares seven children with his wife Anna, who stands by her husband.
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